Independent Broad-Based Anti-Corruption Commission Act 2011

Subject to subsection (2), an examination is not open to the public unless the IBAC considers on reasonable grounds—

it is in the public interest to hold a public examination; and

a public examination can be held without causing unreasonable damage to a person's reputation, safety or wellbeing; and

the conduct that is the subject of the investigation may constitute—

serious corrupt conduct; or

systemic corrupt conduct; or

serious police personnel misconduct; or

systemic police personnel misconduct.

The IBAC must not hold an examination in public if the examination may disclose particulars likely to lead to the identification of a person who has made an assessable disclosure.

However, the IBAC may hold an examination in public if the information that may be disclosed is information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

Despite anything to the contrary in this Act, the IBAC is to be constituted for the purpose of making a decision to hold an examination in public by—

the Commissioner and at least one Deputy Commissioner; or

the Commissioner, if there are no Deputy Commissioners.

A Deputy Commissioner referred to in subsection (3AA) must be an Australian lawyer unless there are no Deputy Commissioners who are Australian lawyers.

If the IBAC holds an examination in public, the IBAC may hold any part of the examination in private—

on application by—

a person attending the examination in accordance with a witness summons; or

a person authorised by the IBAC under section 119A to appear at the public examination; or

on its own motion.

In deciding whether or not to hold part of the examination in private, the IBAC may have regard to—

whether it is in the public interest to keep that part of the examination open to the public; and

whether holding the examination in private is necessary to prevent unreasonable damage to a person's reputation, safety or wellbeing.

For the purposes of subsection (1)(b) and (3B)(a), the factors the IBAC may take into account in determining whether or not it is in the public interest to hold a public examination or part of an examination open to the public (as applicable) include, but are not limited to—

in the case of an investigation of conduct that may constitute serious corrupt conduct or serious police personnel misconduct—whether the conduct relates to an individual or is an isolated incident or systemic in nature; and

in the case of an investigation of conduct that may constitute systemic corrupt conduct or systemic police personnel misconduct—the seriousness of the matter being investigated; and

the benefit of exposing to the public, and making the public aware of, corrupt conduct or police personnel misconduct.

Not less than 10 business days before a public examination is held, the IBAC must—

inform Integrity Oversight Victoria that the IBAC intends to hold the public examination; and

provide a written report to Integrity Oversight Victoria giving the reasons the IBAC decided to hold a public examination in accordance with subsection (1).

The IBAC must not make a public announcement of its intention to hold a public examination for the purposes of an investigation unless the IBAC has notified Integrity Oversight Victoria in accordance with subsection (5) of its intention to do so.

A judicial officer is not required to attend a public examination but may consent to doing so.