Chief Commissioner of Police means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958; S. 3 def. of corrupt conduct amended by No. 82/2012 s. 315(a)(i). corrupt conduct has the meaning given by section 4 of the Independent Broad-based Anti-corruption Commission Act 2011; Council has the same meaning as it has in section 3(1) of the Local Government Act 1989; Councillor has the same meaning as it has in section 3(1) of the Local Government Act 1989; detrimental action includes— (a) action causing injury, loss or damage; (b) intimidation or harassment; (c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action; s. 3 S. 3 def. of IBAC amended by No. 82/2012 s. 315(a)(ii). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC Officer has the same meaning as it has in section 3(1) of the Independent Anti-corruption Commission Act 2011; improper conduct has the meaning given by section 4;
section 86LA of the Police Regulation Act 1958. (2) A complaint referred to in subsection (1) is taken to be a disclosure for the purposes of this Act. (3) In subsection (1), the force has the meaning given by section 3(1) of the Police Regulation Act 1958. 6 Definitions of public body, public officer and public sector For the purposes of this Act— S. 6 def. of public body amended by No. 82/2012 s. 315(b). public body means— (a) a public body within the meaning of section 6 of the Independent Anti-corruption Commission Act 2011; or (b) the IBAC; or (c) any other body or entity prescribed for the purposes of this definition; S. 6 def. of public officer amended by No. 82/2012 s. 315(b). public officer means— (a) a public officer within the meaning of section 6 of the Independent Anti-corruption Commission Act 2011; or (b) an IBAC Officer; or (c) any other person prescribed for the purposes of this definition; public sector means the sector comprising all public bodies and public officers. 7 Other protections preserved s. 6 This Act does not limit the protection given by any other Act or law to a person who makes a disclosure of any kind.
Division 1—Offences and proceedings 72 Offence to make false disclosure or provide false further information s. 72 (1) A person must not provide information under this Act that the person knows is false or misleading in a material particular, intending that the information be acted on as a protected disclosure. Penalty: 120 penalty units or 12 months imprisonment or both. (2) A person must not provide further information, relating to a protected disclosure made by the person, that the person knows is false or misleading in a material particular. Penalty: 120 penalty units or 12 months imprisonment or both. 73 Offence to falsely claim disclosure is a protected disclosure or is a protected disclosure complaint (1) A person must not claim that a matter is the subject of a protected disclosure knowing that claim to be false. Penalty: 120 penalty units or 12 months imprisonment or both. (2) A person must not claim that a matter is the subject of a disclosure that the IBAC or the Victorian Inspectorate has determined to be a protected disclosure complaint knowing that claim to be false. Penalty: 120 penalty units or 12 months imprisonment or both.
19B Deliberations of Parliamentary Committees not to be disclosed—relevant protected disclosure complaints In relation to an investigation on a relevant protected disclosure complaint, a person is not required or authorised to furnish any information or produce or inspect any document or answer any question that relates to any deliberation in private of the following— (a) a Joint Investigatory Committee or the House Committee, within the meaning of the Parliamentary Committees Act 2003; (b) a committee of the Legislative Council or Legislative Assembly on a private Bill; (c) a committee consisting of members of Parliament established by resolution of either the Legislative Council or the Legislative Assembly, or the resolution of both the Legislative Council and the Legislative Assembly. 19C Conclusive certificates s. 158 (1) The Secretary to the Department of Premier and Cabinet may issue a certificate certifying that— (a) any information or question or document or part of a document relates to deliberations of Ministers or of a committee referred to in section 19; or
Sch. 1 cl. 34(f) amended by No. 82/2012 s. 316(l). (f) section 79(3) of the Victorian Inspectorate Act 2011 applies as if a reference to conduct of any IBAC personnel were a reference to the conduct of the Director which is the subject of the investigation; Sch. 1 cl. 34(g) amended by No. 82/2012 s. 316(m). (g) sections 87 and 88 of the Victorian Inspectorate Act 2011 apply; Sch. 1 cl. 34(h) amended by No. 82/2012 s. 316(n). (h) section 89(1) (except paragraph (b)) of the Victorian Inspectorate Act 2011 applies as if a reference to an investigation in relation to the IBAC or IBAC personnel were a reference to an investigation under this clause; Sch. 1 cl. 34(i) amended by No. 82/2012 s. 316(o). (i) section 90 of the Victorian Inspectorate Act 2011 applies. 35 Reports to the Victorian Inspectorate Sch. 1 Sch. 1 cl. 35(1) amended by No. 82/2012 s. 316(p). (1) Section 122 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a summons issued by the Director under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on the summons to the SIM under section 105B of the WPA before the commencement day. Sch. 1 cl. 35(2) amended by No. 82/2012 s. 316(q). (2) Section 142 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to a warrant to arrest a person issued under section 61K(2) of the WPA unless the Director has given a written report on the warrant to the SIM under section 105C of the WPA before the commencement day.