improper conduct has the meaning given by section 4; S. 3 def. of investigating entity amended by Nos 37/2014 s. 10(Sch. item 134.1(c)), 16/2016 s. 167(b). investigating entity means— (a) the IBAC; (b) Victoria Police; (c) the Ombudsman; (d) the Victorian Inspectorate; (e) the Judicial Commission and if the Judicial Commission has appointed an investigating panel to investigate a complaint that is, or includes, a protected disclosure complaint, the investigating panel; S. 3 def. of investigating panel inserted by No. 16/2016 s. 167(a). investigating panel has the same meaning as in Part IIIAA of the Constitution Act 1975; S. 3 def. of Judicial Commission inserted by No. 16/2016 s. 167(a). Judicial Commission has the same meaning as it has in Part IIIAA of the Constitution Act 1975; S. 3 def. of Judicial Commission officer inserted by No. 16/2016 s. 167(a). Judicial Commission officer has the same meaning as in the Judicial Commission of Victoria Act 2016; S. 3 def. of judicial officer amended by Nos 5/2013 s. 64(2), 63/2013 s. 95(2). judicial officer means the following— (a) a Judge of the Supreme Court; (b) an Associate Judge of the Supreme Court;
(3) This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002. 5 Meaning of police complaint disclosure S. 5(1) amended by No. 37/2014 s. 10(Sch. item 134.2(a)(i)). (1) For the purposes of this Act, a police complaint disclosure is a complaint made by a police officer or protective services officer about another police officer or protective services officer to— (a) the Chief Commissioner of Police; or (b) the IBAC; or S. 5(1)(c) amended by No. 37/2014 s. 10(Sch. item 134.2(a)). (c) another police officer or protective services officer of more senior rank who is not the Chief Commissioner of Police that is referred by that police officer or protective services officer to the Chief Commissioner under section 168 of the Victoria Police Act 2013. (2) A complaint referred to in subsection (1) is taken to be a disclosure for the purposes of this Act. S. 5(3) repealed by No. 37/2014 s. 10(Sch. item 134.2(b)). * * * * * 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
Independent Broad-based Commission Act 2011; or (b) a confidentiality notice issued by the Victorian Inspectorate under section 38(1) of the Victorian Inspectorate Act 2011; or (c) a confidentiality notice issued by the Ombudsman under section 26C(1) of the Ombudsman Act 1973; officer of an investigating entity means a person who is— (a) carrying out investigative functions in relation to a protected disclosure complaint; and (b) is authorised to perform those functions by or under the Act under which the protected disclosure complaint is being investigated by the investigating entity; S. 54(3) def. of relevant Act amended by Nos 37/2014 s. 10(Sch. item 134.6(b)), 16/2016 s. 173(2)(a)(b). relevant Act means— (a) this Act; or (b) the Independent Broad-based Commission Act 2011; or (c) the Victorian Inspectorate Act 2011; or (d) the Ombudsman Act 1973; or (e) Part 10 of the Victoria Police Act 2013; or (f) the Judicial Commission of Victoria Act 2016; or
(b) the Magistrates' Court has not determined whether or not the document or thing is the subject of legal professional privilege. (2) Despite the repeal of the WPA, on and after the commencement day— Sch. 1 cl. 16(2)(a) amended by No. 82/2012 s. 316(d). (a) the procedure under section 61BE of the WPA continues to apply to the handling of the document or thing as if a reference in that section to an authorised officer were a reference to an IBAC Officer appointed to be an authorised officer under section 81 of the Independent Broad-based Anti-corruption Commission Act 2011; and (b) section 61C of the WPA continues to apply as if a reference in that section to the Director were a reference to the IBAC; and (c) the Magistrates' Court must make its decision under section 61BF of the WPA. 17 Claim of legal professional privilege made on or after commencement day Sch. 1 cl. 17(1) amended by No. 82/2012 s. 316(e). (1) Any claim that a document or thing is the subject of legal professional privilege made on or after the commencement day must be dealt with in accordance with the Independent Broad-based Anti-corruption Commission Act 2011 and the claim determined by the Supreme Court under section 101 of that Act. (2) Subclause (1) applies even if the document or thing is the subject of a warrant issued under the WPA. 18 Direction given by the Director Sch. 1 cl. 18(1) amended by No. 82/2012 s. 316(f)(i). (1) A direction given by the Director under section 55(1) of the WPA that is in force immediately before the commencement day is on the commencement day taken to have been given
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 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. Sch. 1 cl. 35(3) amended by No. 82/2012 s. 316(r). (3) Section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 applies, on and from the commencement day, in relation to the videorecording, made under section 61BA of the WPA, and any transcript of an attendance by a person in the course of an investigation by the Director under the WPA or in compliance with a summons under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 unless the Director has given a written report on and a copy videorecording and any transcript of the