Integrity Oversight Victoria Act 2011

Without derogating from the generality of section 12, Integrity Oversight Victoria has the duties and powers specified in this section for the purposes of performing the functions specified in section 11(2)(g) and (h).

Integrity Oversight Victoria must inspect relevant records of each Public Interest Monitor at least once each financial year in order to ascertain the extent to which each of the Public Interest Monitors has complied with the prescribed obligations.

Integrity Oversight Victoria may, after notifying in writing a Public Interest Monitor, inspect relevant records of the Public Interest Monitor in order to ascertain the extent to which the Public Interest Monitor has complied with the prescribed obligations.

For the purposes of an inspection under this section, Integrity Oversight Victoria—

may, after notifying in writing a Public Interest Monitor, enter at any reasonable time of which Integrity Oversight Victoria has given notice, premises occupied by the Public Interest Monitor in his or her capacity as a Public Interest Monitor; and

is entitled to have full and free access to all relevant records of the Public Interest Monitor; and

despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and

may require the Public Interest Monitor to give Integrity Oversight Victoria any information in the possession or control of the Public Interest Monitor that Integrity Oversight Victoria considers on reasonable grounds is relevant to the inspection.

A Public Interest Monitor must provide to Integrity Oversight Victoria any assistance in connection with the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) and (h) that Integrity Oversight Victoria reasonably requires.

Integrity Oversight Victoria may require in writing a Public Interest Monitor to attend at the office of Integrity Oversight Victoria at a specified date and time for the purpose of giving any document or information required by Integrity Oversight Victoria which Integrity Oversight Victoria considers is relevant to the exercise of Integrity Oversight Victoria's functions under section 11(2)(g) or (h).

A requirement under subsection (6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

A requirement under subsection (6) that provides for attendance as described in subsection (6A)—

need not specify a place for attendance; and

may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

Integrity Oversight Victoria must, as soon as practicable but not later than 3 months after conducting inspections for the purposes of subsection (2) or (3), report to the Minister on the results of the inspections.

Subject to subsection (10), if, as a result of an inspection under this section of the relevant records of a Public Interest Monitor, Integrity Oversight Victoria is of the opinion that the Public Interest Monitor has contravened a prescribed obligation, Integrity Oversight Victoria may include in its report to the Minister under subsection (7) or (9) on the inspection, a report on the contravention.

Integrity Oversight Victoria may provide a report to the Minister at any time on any matter relating to the performance of its function under section 11(2)(g).

A report for the purposes of subsection (7) or (9) must not contain information that—

discloses or may lead to the disclosure of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or

indicates that a particular investigation has been, is being, or is to be, conducted.

A report for the purposes of subsection (7) or (9) that relates to the functions of the Public Interest Monitor under the Witness Protection Act 1991 must not include any information that would—

prejudice a criminal investigation, criminal proceeding or other legal proceeding of which Integrity Oversight Victoria is aware; or

compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991; or

disclose information about the identity or location, or compromise the security, of a person—

who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991; or

to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991, are being or have been provided.

Integrity Oversight Victoria may—

make a special report under section 87 on any matter relating to the performance of its function under section 11(2)(g);

In this section—