(7) In this section— commencement day means the day on which section 16 of the Independent Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation; Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.". Division 3—Crimes (Controlled Operations) Act 2004 86 Definitions s. 86 See: Act No. 16/2004 and amending Act Nos 63/2004, 69/2004, 87/2005, 34/2008, 39/2008, 45/2008, 7/2010, 29/2011 and 43/2012. LawToday: www. legislation. vic.gov.au (1) In section 3 of the Crimes (Controlled Operations) Act 2004— (a) in the definition of chief officer, for paragraph (b) substitute— "(b) in relation to the IBAC—the Commissioner;"; (b) in the definition of law enforcement agency, in paragraph (b), for "Office of Police Integrity" substitute "IBAC"; (c) in the definition of law enforcement officer, for paragraph (b) substitute— "(b) in relation to the IBAC—an IBAC Officer who holds a position, or is a member of a class, that is prescribed for the purposes of this definition;". (2) In section 3 of the Crimes (Controlled Operations) Act 2004, the definitions of Director, Office of Police Integrity, prescribed member of staff of the Office of Police Integrity and Special Investigations Monitor are repealed.
(3) In section 3 of the Crimes (Controlled Operations) Act 2004, in the definition of Victoria Police, for "1958." substitute "1958;". (4) In section 3 of the Crimes (Controlled Operations) Act 2004 insert the following definitions— "Commissioner has the same meaning as it has in the Independent Broad-based Commission Act 2011; IBAC means the Independent Broad-based Commission established under the Independent Broad-based Anti-corruption Commission Act 2011; Inspector has the same meaning as it has in the Victorian Inspectorate Act 2011; prescribed IBAC Officer means a sworn IBAC Officer within the meaning of section 3(1) of the Independent Broad-based Commission Act 2011 who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition; Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011.". 87 Unauthorised disclosure of information s. 87 For section 36(1)(c)(iv) of the Crimes (Controlled Operations) Act 2004 substitute— "(iv) in accordance with Part IVA of the Police Regulation Act 1958, the Independent Broad-based Anti-corruption Commission Act 2011, Part 5 or 6 of the Information Privacy Act 2000 or the Victorian Inspectorate Act 2011.".
102 Secretary's reports s. 102 In section 131S(1) and (3) of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". 103 Section 131T amended (1) In the heading to section 131T of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (2) In section 131T(1), (2)(a), (3) and (4) of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate". (3) For section 131T(5) of the Fisheries Act 1995 substitute— "(5) The Victorian Inspectorate must transmit the report to each House of Parliament as soon as practicable after the earlier of— (a) the day on which the Victorian Inspectorate received the Secretary's advice under subsection (3); (b) 14 days after the day the Victorian Inspectorate gave the report to the Secretary.". (4) For section 131T(7) of the Fisheries Act 1995 substitute— "(7) A report under this section may be combined with a report of the Victorian Inspectorate under section 39 of the Crimes (Controlled Operations) Act 2004.". 104 Section 131W amended (1) In the heading to section 131W of the Fisheries Act 1995, for "Special Investigations Monitor" substitute "Victorian Inspectorate".
this Act during the financial year to which that report relates. (2) In this section, SIM means the Special Investigations Monitor appointed under Part 2 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.". Division 7—Sex Offenders Registration Act 2004 129 Purpose and objects s. 129 See: Act No. 56/2004. Reprint No. 4 as at 16 July 2012. LawToday: www. legislation. vic.gov.au (1) In section 1(1)(c) of the Sex Offenders Registration Act 2004 for "Police Ombudsman" substitute "IBAC". (2) In section 1(2)(h) of the Sex Offenders Registration Act 2004 for "Police Ombudsman" substitute "IBAC". 130 Definitions (1) In section 3 of the Sex Offenders Registration Act 2004, in the definition of supervising authority, in paragraph (b) for "belongs." substitute "belongs;". (2) In section 3 of the Sex Offenders Registration Act 2004, insert the following definitions— "IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011; IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
(a) after "Despite" insert "the substitution of section 51 and"; (b) for "section 17" (where twice occurring) substitute "sections 16 and 17". See: Act No. 52/2012. Statute Book: www. legislation. vic.gov.au 154 Evidence Amendment (Journalist Privilege) Act 2012 s. 154 In section 2(2) the Evidence Amendment (Journalist Privilege) Act 2012 after "this Act" insert "(other than Part 5 and Part 10)". Division 5—Further consequential amendments See: Act No. 84/2005. Reprint No. 1 as at 6 May 2010. LawToday: www. legislation. vic.gov.au 155 Commissioner for Law Enforcement Data Security Act 2005 (1) In the heading to section 13 of the Commissioner for Law Enforcement Data Security Act 2005 for "Director, Police Integrity" substitute "IBAC". (2) For section 13(1)(a) of the Commissioner for Law Enforcement Data Security Act 2005 substitute— "(a) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or". (3) In section 13(1) of the Commissioner for Law Enforcement Data Security Act 2005, for "the Director, Police Integrity or" substitute "the IBAC or".
54F Authority not to prejudice investigations of the IBAC (1) If the Authority is, or becomes, aware of an IBAC investigation, the Authority must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. (2) For the purposes of ensuring compliance with subsection (1), the Authority may consult the IBAC.". 176 Disclosure of information an offence s. 176 After section 60(3)(a) of the Environment Protection Act 1970 insert— "(ab) the disclosure is for the purposes of a notification under section 54C, consultation under section 54D or 54F or the provision or disclosure of information under section 54E.". See: Act No. 108/2004. Reprint No. 3 as at 26 July 2012 and amending Act Nos 6/2012 and 20/2012. LawToday: www. legislation. vic.gov.au 177 Public Administration Act 2004—Definitions In section 4(1) of the Public Administration Act 2004 insert the following definitions— "corrupt conduct has the meaning given in section 3A of the Independent Anti-corruption Commission Act 2011; IBAC means the Independent Broad-based Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;".
37J Racing Integrity Commissioner not to prejudice investigations of the IBAC (1) If the Racing Integrity Commissioner is, or becomes, aware of an IBAC investigation, the Racing Integrity Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation. s. 183 (2) For the purposes of ensuring compliance with subsection (1), the Racing Integrity Commissioner may consult the IBAC.". __________________ 1994 Division 1—Amendments to Audit Act 1994 184 Definitions s. 184 See: Act No. 2/1994. Reprint No. 5 as at 16 November 2006 and amending Act No. 50/2011. LawToday: www. legislation. vic.gov.au (1) In section 3 of the Audit Act 1994, in the definition of Victorian Auditor-General's Office for "2004." substitute "2004;". (2) Insert the following definitions in section 3 of the Audit Act 1994— "Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; compulsory appearance means the appearance of a person before the Auditor-General, or before a person authorised by the in accordance with a requirement in writing under section 11(1); corrupt conduct has the meaning given in section 3A of the Independent
by the Auditor-General before whom the person is appearing; (b) in relation to the voluntary appearance of a person, means the VAGO officer before whom the person is appearing; Public Interest Monitor has the meaning given in section 4 of the Public Interest Monitor Act 2011; registered company auditor has the same meaning as in the Corporations Act; spouse of a person means a person to whom the person is married; VAGO officer means any of the following— (a) the Auditor-General; (b) the Deputy Auditor-General; (c) a person appointed to act in the office of Auditor-General or Deputy (d) an employee referred to in section 7E; (e) a person or firm engaged under section 7F; (f) an officer or employee of a person, or a partner or employee of a firm, engaged under section 7F; (g) a registered company auditor to whom the Auditor-General has delegated a function or power under section 7G; (h) a person (other than a person referred to in paragraph (b) to (g)) whom the
See: Act No. 8414. Reprint No. 8 as at 7 March 2008 and amending Act Nos 65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011, 70/2011, 72/2011, 6/2012, 43/2012 and 52/2012. LawToday: www. legislation. vic.gov.au (1) In section 2 of the Ombudsman Act 1973— (a) insert the following definitions— "Accountability and Oversight Committee means the Accountability and Oversight Committee of Parliament, established by section 5(aa) of the Parliamentary Committees Act 2003; acting coroner means— (a) a coroner appointed under the Coroners Act 1985 (as in force before 1 November 2009) who is not a judge of the County Court, a magistrate or an acting magistrate; or (b) a person appointed under section 94 of the Coroners Act 2008; Acting Ombudsman means an Acting Ombudsman appointed under section 6; Administrative Office has the meaning given by section 4(1) of the Public Administration Act 2004; aggrieved person has the meaning given in section 14(1)(a); cancellation notice means a notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3) cancelling a confidentiality notice; Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; compulsory appearance means—
(a) a person who is in a registered relationship with the person; or Note A registered relationship is defined in subsection (2). (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; exempt person or body means a person or body specified in Schedule 2; s. 224 Freedom of Information Commissioner means the Freedom of Information Commissioner established under the Freedom of Information Act 1982; IBAC means the Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Commission Act 2011; IBAC Officer has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011; IBAC personnel has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;
(1) The Ombudsman must not include in a report under this Act— (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (b) any information, or information in any document, referred to in section 19; or (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (2) If the Ombudsman intends to include in a report under this Act a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report. (3) The Ombudsman must not include in a report under this Act any information that would identify any person who is not the subject of any adverse comment or opinion unless the Ombudsman— (a) is satisfied that it is necessary or desirable to do so in the public interest; and
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 1 Office of the Commissioner for Environmental Sustainability Commissioner for Environment Sustainability Minister administering the Commissioner for Environmental Sustainability Act 2003 2 Office of the Essential Services Commission The Chairperson within the meaning of the Essential Services Commission Act 2001 Minister administering the Essential Services Commission Act 2001 3 Office of the Freedom of Information Commissioner Freedom of Information Commissioner Minister administering Part IA of the Freedom of Information Act 1982 4 Office of the Legal Services Commissioner Legal Services Commissioner Minister administering the Legal Profession Act 2004 5 Office of the Privacy Commissioner Privacy Commissioner Minister administering the Information Privacy Act 2000 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 6 Office of Public Prosecutions Solicitor for Public Prosecutions Minister administering the Public Prosecutions Act 1994
7 Office of the Road Safety Camera Commissioner Road Safety Camera Commissioner Minister administering the Road Safety Camera Commissioner Act 2011 8 Office of the Taxi Services Commission Chairperson of the Commission Minister administering Division 3 of Part 5 of the Transport Integration Act 2010 9 Victorian Commission for Gambling and Liquor Regulation Chairperson of the Commission Minister administering the Victorian Commission for Gambling and Liquor Regulation Act 2011 10 Victorian Equal Opportunity and Human Rights Commission The Commissioner within the meaning of the Equal Opportunity Act 2010 Minister administering the Equal Opportunity Act 2010 11 Victorian Multicultural Commission Chairperson of the Commission Minister administering the Multicultural Victoria Act 2011 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 12 State Trustees The Chair of State Trustees Minister administering the State Trustees (State Owned Company) Act 1994
13 A public statutory body that is not specified elsewhere in this Schedule The chairperson or presiding member of the body For a body established by or under an Act, the Minister administering the provision of the Act under which the body is constituted or established In any other case, the Minister who is responsible for the body s. 251 14 The holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister There is no principal officer The Minister administering the provision of the Act by or under which the office is established 15 A member of staff of a Council The Chief Executive Officer of the Council Minister administering Part 4 of the Local Government Act 1989 16 A person in the person's capacity as a delegate of the Victorian WorkCover Authority administering claims under the Workers Compensation Act 1958 The delegate or, if the delegate is a body corporate, the senior executive officer of the delegate (by whatever title he or she is known) Minister administering Part II of the Accident Compensation Act 1985 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
17 A person in the person's capacity as an authorised agent of the Victorian WorkCover Authority under the Accident Compensation Act 1985 The authorised agent or, if the authorised agent is a body corporate, the senior executive officer of the authorised agent (by whatever title he or she is known) Minister administering Part II of the Accident Compensation Act 1985 18 A body corporate in its capacity as a under the Accident Compensation Act 1985 The senior executive officer of the self-insurer (by whatever title he or she is known) Minister administering Part V of the Accident Compensation Act 1985 19 A registered community service within the meaning of section 3(1) of the Children, Youth and Families Act 2005 in its capacity as carrying out any duty or function or exercising any power under that Act The person in charge of the registered community service Minister administering Chapter 2 of the Children, Youth and Families Act 2005 20 A person authorised under section 18 or 19 of the Children, Youth and Families Act 2005 in the person's capacity as carrying out any duty or function or exercising any power under that Act The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Chapter 2 of the Children, Youth and Families Act 2005 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
21 A person in the person's capacity as an authorised assessor under Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 22 A person in the person's capacity as an authorised investigator under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 23 A contractor within the meaning of section 3(1) of the Corrections Act 1986 in its capacity as a provider of services under that Act The holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA of the Corrections Act 1986 for the purposes of the application of this Act to the contractor Minister administering Part 2A of the Corrections Act 1986 24 A sub-contractor within the meaning of section 3(1) of the Corrections Act 1986 in its capacity as a manager of a prison or police gaol under a sub-contract agreement The holder of the office specified in the sub-contract agreement for the purposes of the application of this Act to the Minister administering Part 2A of the Corrections Act 1986 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
25 A contractor within the meaning of section 2(1) of the Court Security Act 1980 in its capacity as a provider of court security services under that Act The holder of the office specified in the agreement under section 2C of the Court Security Act 1980 for the purposes of the application of this Act to the contractor Minister administering section 2C of the Court Security Act 1980 26 A person appointed as an authorised officer under section 71A(1) of the Domestic Animals Act 1994 There is no principal officer Minister administering the Domestic Animals Act 1994 27 A person appointed as an authorised officer under section 72A(1) of the Domestic Animals Act 1994 The Mayor of the relevant Council Minister administering the Domestic Animals Act 1994 28 A contractor or within the meaning of section 69A of the Health Services Act 1988 in its capacity as a provider of health services to public hospital patients at the hospital in accordance with an agreement under section 69B(1) of that Act or a sub-contract agreement The holder of the office specified in the agreement under section 69B(1) of the Health Services Act 1988 or the sub-contract agreement for the purposes of the application of this Act to the contractor or Minister administering Part 3A of the Health Services Act 1988 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
29 A contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under an agreement under section 124B(1) of that Act The holder of the office specified in the agreement under section 124B(1) of the Magistrates' Court Act 1989 for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989 30 A sub-contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under a sub-contract agreement under that Act The holder of the office specified in the sub-contract agreement for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989 31 An approved inspection service within the meaning of section 3(1) of the Plant Biosecurity Act 2010 in its capacity as a provider of services under an agreement under section 66 of that Act The holder of the office specified in the agreement under section 66 of the Plant Biosecurity Act 2010 for the purposes of the application of this Act to the approved inspection service Minister administering Division 2 of Part 7 of the Plant Biosecurity Act 2010 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
34 A person in the person's capacity as an authorised officer within the meaning of section 208 of the Transport (Compliance and Miscellaneous) Act 1983 For a person appointed under section 221A of the Transport (Compliance and Miscellaneous) Act 1983, the Secretary within the meaning of section 2(1) of that Act For a person appointed under section 221AB of the Transport (Compliance and Miscellaneous) Act 1983, the senior executive officer of the person or body by whom the person is employed or engaged Minister administering Division 4AA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 s. 251 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister