S. 2(1) def. of Government Department amended by No. 9059 s. 2(1)(Sch. items 28–30), substituted by Nos 62/1989 s. 4(a), 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 144.1), repealed by No. 82/2012 s. 224(1)(d). * * * * * S. 2(1) def. of IBAC inserted by No. 82/2012 s. 224(1)(a), amended by No. 82/2012 s. 313(b). IBAC means the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broadbased Anti-corruption Commission Act 2011; S. 2(1) def. of IBAC Officer inserted by No. 82/2012 s. 224(1)(a). IBAC Officer has the meaning given in section 3(1) of the Independent Anti-corruption Commission Act 2011; S. 2(1) def. of IBAC personnel inserted by No. 82/2012 s. 224(1)(a). IBAC personnel has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; S. 2(1) def. of legal practitioner inserted by No. 82/2012 s. 224(1)(a). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;
(e) in relation to a State funded residential care service, the chief executive officer of the service; (f) in relation to a person or body prescribed by Rules of Parliament made under this Act as a protected disclosure entity, the person prescribed by the Rules as the principal officer for that person or body; S. 2(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 144(1)(a), amended by No. 82/2012 s. 313(d). protected disclosure complaint means a disclosure determined to be a protected disclosure complaint under section 26 of the Protected Disclosure Act 2012 that has been referred to the Ombudsman under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011; S. 2(1) def. of protected disclosure entity inserted by No. 85/2012 s. 144(1)(a). protected disclosure entity means— (a) a member of Parliament; (b) a Councillor; (c) a member of the teaching service within the meaning of the Education and Training Reform Act 2006; (d) a State funded residential care service within the meaning of the Health Services Act 1988; (e) a person or body prescribed by Rules of Parliament made under this Act; S. 2(1) def. of Public Interest Monitor inserted by No. 82/2012 s. 224(1)(a). Public Interest Monitor has the meaning given in section 4 of the Public Interest Monitor Act 2011;
S. 2(1) def. of Public Statutory Body amended by No. 15/1998 s. 10(1)(a), substituted by No. 82/2012 s. 224(1)(f). public statutory body means— (a) a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or (b) a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister; or (c) a company all the shares or a majority of the shares in which are held by the State or an authority; S. 2(1) def. of referred complaint inserted by No. 82/2012 s. 224(1)(a). referred complaint has the meaning given in section 16B(1); S. 2(1) def. of referred matter inserted by No. 82/2012 s. 224(1)(a). referred matter has the meaning given in section 16B(2); S. 2(1) def. of relevant protected disclosure complaint inserted by No. 85/2012 s. 144(1)(a). relevant protected disclosure complaint means a protected disclosure complaint that the Ombudsman is required to investigate under section 15C; S. 2(1) def. of responsible Minister inserted by No. 82/2012 s. 224(1)(a), amended by Nos 85/2012 s. 144(1)(c), 1/2014 s. 69(c). responsible Minister means— (a) in relation to a Department, the Minister responsible for the Department; (b) in relation to an Administrative Office, the Minister responsible for the Administrative Office;
S. 2(1) def. of VAGO officer inserted by No. 82/2012 s. 224(1)(a). VAGO officer has the meaning given in section 3(1) of the Audit Act 1994; S. 2(1) def. of Victorian Office inserted by No. 82/2012 s. 224(1)(a). Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994; S. 2(1) def. of Victorian court inserted by No. 82/2012 s. 224(1)(a). Victorian court means— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Children's Court; (e) the Coroners Court; S. 2(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 224(1)(a). Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act 2011; S. 2(1) def. of Victorian Inspectorate Officer inserted by No. 82/2012 s. 224(1)(a). Victorian Inspectorate Officer has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; S. 2(1) def. of voluntary appearance inserted by No. 82/2012 s. 224(1)(a). voluntary appearance means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this Act or any other Act, other than a compulsory appearance;
(3) The operation of this section is not limited by sections 16L and 26A. Division 3—Conduct of investigations 17 Procedure relating to investigations S. 17(1) substituted by No. 8884 s. 4(a), amended by Nos 12/1989 s. 4(1)(Sch. 2 item 86.8), 103/2003 s. 30(3)(4), 65/2007 s. 112, substituted by No. 82/2012 s. 232(1). (1) Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation— S. 17(1)(a) amended by No. 85/2012 s. 153(1)(a). (a) the complainant or the person who made the relevant protected disclosure complaint; and S. 17(1)(b) amended by No. 85/2012 s. 153(1)(b). (b) the principal officer (if any) of the authority or protected disclosure entity to which the investigation relates; and S. 17(1)(c) substituted by No. 85/2012 s. 153(1)(c). (c) the responsible Minister (if any) for the authority or protected disclosure entity to which the investigation relates; and S. 17(1)(d) amended by No. 85/2012 s. 153(1)(d). (d) if the investigation relates to a member of staff of a Council or a Councillor, the Mayor of the Council. S. 17(1A) inserted by No. 85/2012 s. 153(2). (1A) Information given under subsection (1)(a) to a person who made a relevant protected disclosure complaint must include a written statement advising the recipient that it is an offence under section 26FA to disclose the Ombudsman's intention to conduct an investigation.
(b) the matter has been sufficiently investigated and further investigation is not warranted. S. 17(6C) inserted by No. 30/2016 s. 67. (6C) The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that a ground specified in section 15 for refusing to deal with the complaint or section 15D for refusing to conduct an investigation would now apply. S. 17(6D) inserted by No. 30/2016 s. 67. (6D) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(a) or (6C)— (a) the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under subsection (1) of— (i) the discontinuance of the investigation; and (ii) the reason for that discontinuance; and (b) sections 23, 23A and 24(1) cease to apply in relation to the investigation. S. 17(6E) inserted by No. 30/2016 s. 67. (6E) If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)— (a) sections 23, 23A and 24(1) apply as if the investigation had been completed; and (b) the Ombudsman must provide the reason for the discontinuance in any report or notification given under those sections. S. 17(7) amended by No. 30/2016 s. 70(2)(u)(v). (7) Subject to this Act and any Rules of Parliament made under this Act the Ombudsman may regulate the procedures on an investigation in such manner as the Ombudsman thinks fit.
S. 18 (Heading) inserted by No. 82/2012 s. 233(1). 18 Investigation powers and privileges S. 18(1) amended by Nos 15/1989 s. 28(2), 69/2009 s. 54(Sch. Pt 2 item 37), 67/2014 s. 147(Sch. 2 item 27.1), 30/2016 s. 70(2)(w). (1) The provisions of sections 17, 18, 19, 20 and 20A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, shall apply to and in relation to any investigation which the Ombudsman is authorized to conduct under this Act as if the Ombudsman were the sole Commissioner issued with a commission by the Governor in Council. S. 18(1A) inserted by No. 82/2012 s. 233(2). (1A) A witness summons issued by the Ombudsman— (a) must be in the form (if any) prescribed by Rules of Parliament made under this Act; and (b) if the witness summons requires the person to whom it is directed to give evidence, must state the nature of the matters about which the person is to give evidence, except to the extent to which the Ombudsman forms the opinion on reasonable grounds that this may— (i) prejudice the conduct of the investigation to which the witness summons relates; or (ii) be contrary to the public interest. S. 18(1B) inserted by No. 82/2012 s. 233(2). (1B) For the avoidance of doubt, the Ombudsman is not required to give reasons for forming the opinion referred to in subsection (1A)(b). S. 18(2) amended by No. 82/2012 s. 233(3). (2) For the purpose of an investigation under this Act the Ombudsman may take a statutory declaration from any witness or other person.
S. 19(2) substituted by No. 85/2012 s. 157. (2) This section does not apply in relation to an investigation on a relevant protected disclosure complaint. S. 19A inserted by No. 85/2012 s. 158. 19A Cabinet information 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— (a) furnish any information that is Cabinet information; or (b) answer any question that relates to Cabinet information; or (c) produce or inspect any document that is Cabinet information. S. 19B inserted by No. 85/2012 s. 158. 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
Schs (Heading) inserted by No. 82/2012 s. 251. Sch. amended by Nos 35/1989 s. 22, 29/2006 s. 3(Sch. 1 item 25) substituted as Sch. 1 by No. 82/2012 s. 251, amended by Nos 35/2014 s. 62, 67/2013 s. 649(Sch. 9 item 26), 60/2014 s. 140(Sch. 3 item 33.2), 17/2014 s. 160(Sch. 2 item 66.1), 30/2016 s. 70(7)(a). Section 2(1) 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 Victorian Legal Services Commissioner Victorian Legal Services Commissioner Minister administering the Legal Profession Uniform Law Application Act 2014
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 5 Office of the Commissioner for Privacy and Data Protection Commissioner for Privacy and Data Protection Minister administering the Privacy and Data Protection Act 2014 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
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 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 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
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 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 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
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 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 agreement for the purposes of the application of this Act to the contractor or Minister administering Part 3A of the Health Services Act 1988 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
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 33 A person in the person's capacity as an authorised officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008 For a person appointed by a Council under section 29 of the Public Health and Wellbeing Act 2008, the Chief Executive Officer of the Council For a person appointed under section 30 of the Public Health and Wellbeing Act 2008, the Secretary within the meaning of section 3(1) of that Act For a person appointed by a Council under section 224(1) of the Local Government Act 1989, the Chief Executive Officer of the Council Minister administering Part 9 of the Public Health and Wellbeing Act 2008 33A A person in the person's capacity as a taxi compliance officer within the meaning of section 228RA of the Transport (Compliance and Miscellaneous) Act 1983 A Commissioner within the meaning of section 115I of the Transport Integration Act 2010 Minister administering Division 4ABA of Part VII of the Transport (Compliance and Miscellaneous) Act 1983
35 A person in the person's capacity as a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 (other than a person employed by a public statutory body) For a person appointed under section 228T of the Transport (Compliance and Miscellaneous) Act 1983 who is employed by or in an authority, the principal officer of the authority For any other person, the senior executive officer (by whatever title he or she is known) of the person's employer Minister administering Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 36 The Victorian Auditor-General's Office The Minister administering the Audit Act 1994 37 A person or body prescribed by Rules of Parliament made under this Act for the purposes of this Schedule The person prescribed by Rules of Parliament made under this Act as the principal officer of the prescribed person or body The Minister prescribed by Rules of Parliament made under this Act as the responsible Minister for the prescribed person or body
Sch. 2 inserted by No. 82/2012 s. 251, amended by Nos 85/2012 s. 173, 5/2013 s. 63(2), 63/2013 s. 94, 1/2014 s. 71, 37/2014 s. 10(Sch. item 119.3), 67/2014 s. 147(Sch. 2 item 27.2), 17/2014 s. 160(Sch. 2 item 66.2), 30/2016 s. 70(7)(b). Section 2(1) 1 Victoria Police and members of Victoria Police personnel 2 The Office of the Governor, the Official Secretary within the meaning of the Public Administration Act 2004 and employees in the Office of the Governor 3 The IBAC and IBAC Officers 4 The Victorian Inspectorate and Victorian Inspectorate Officers 5 A Public Interest Monitor 6 The Chief Examiner and an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 7 A Victorian court or VCAT and any of the following— (a) a Judge of the Supreme Court; (b) an Associate Judge of the Supreme Court; (c) a reserve Judge within the meaning of the Constitution Act 1975; (ca) a reserve Associate Judge within the meaning of the Supreme Court Act 1986; (d) a Judge or a reserve Judge of the Supreme Court who is appointed or assigned to VCAT; (e) a judge of the County Court; (f) an associate judge of the County Court; (g) a reserve judge within the meaning of the County Court Act 1958; (ga) a reserve associate judge within the meaning of the County Court Act 1958; (h) a judge or a reserve judge of the County Court who is appointed or assigned to VCAT;