Victorian Numbered Acts Victorian Numbered Acts(1) For section 36(2) of the Victorian Inspectorate Act 2011 substitute —
"(2) If the Victorian Inspectorate intends to include in a report under this section adverse findings about a public body, the Victorian Inspectorate must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(2A) If the Victorian Inspectorate intends to include in a report under this section a comment or an opinion which is adverse to any person, the Victorian Inspectorate must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(2B) If the Victorian Inspectorate intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the Victorian Inspectorate must first provide that person with the relevant material in relation to which the Victorian Inspectorate intends to name that person.".
(2) After section 36(5) of the Victorian Inspectorate Act 2011 insert —
"(5A) The Victorian Inspectorate must not include
in a report under this section any information that would identify any person
who is not the subject of any adverse comment or opinion unless the Victorian
Inspectorate—
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(a) is satisfied that it is necessary or desirable to do so in the public interest; and
(b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and
(c) states in the report that the person is not the subject of any adverse comment or opinion.
(5B) The Victorian Inspectorate must not include in a report under this section any information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under Division 1 of Part 7 of the Independent Broad-based Anti-corruption Commission Act 2011 or Division 4A of Part IV of the Police Regulation Act 1958 .
(5C) Subject to subsection (5D), if as a result of the inspection of the relevant records of Public Interest Monitors, the Victorian Inspectorate is of the opinion that there has been a contravention of the prescribed obligations, the Victorian Inspectorate may include in a report under this section a report on the contravention.
(5D) A report for the purposes of subsection (5C) must not contain information that—
(a) discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency within the meaning of section 19(5) of the Public Interest Monitor Act 2011 ; or
(b) indicates that a particular investigation has been, is being, or is to be, conducted.
(5E) For the purposes of subsection (5D), "investigation", law enforcement agency and relevant application have the meaning given by section 10A(12).".