Integrity Oversight Victoria Act 2011

Subject to subsections (2), (2A) and (3), a person who—

is duly served with a confidentiality notice by Integrity Oversight Victoria under section 38(9), and if applicable, any order extending the confidentiality notice; or

receives a copy of a confidentiality notice under subsection (3) or (4) and, if applicable, a copy of any order extending the confidentiality notice—

Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

in accordance with a direction or authorisation given by Integrity Oversight Victoria;

to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, including if the person—

does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, to an interpreter;

is a person under the age of 18 years, to a parent, guardian or independent person;

is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38 without assistance, to an independent person;

subject to section 58(2) and (8), for the purposes of obtaining legal advice or representation in relation to—

the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38;

the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;

to any of the following persons, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed to that person—

the spouse or domestic partner of the person served with the confidentiality notice;

the employer or manager of the person served with the confidentiality notice, or both;

in any of the following circumstances, unless Integrity Oversight Victoria directs that the restricted matter must not be disclosed in that circumstance—

to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—

a registered health practitioner;

a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;

an employee assistance program;

to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;

to a prescribed service, or to a service belonging to a prescribed class, for a prescribed purpose in relation to the service or class;

for the purpose of an application to the Fair Work Commission, including any related proceeding;

as is otherwise authorised or required to be made by or under this Act.

Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—

Integrity Oversight Victoria has disclosed information to the Chief Commissioner of Police under section 36A relating to actual or potential criminal conduct; and

the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.

Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been published by Integrity Oversight Victoria, another investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.

A person who makes a disclosure of information permitted by subsection (2) must when making the disclosure provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice under section 38, unless the person has a reasonable excuse for not doing so.

If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice under section 38, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.

In this section—

the Public Interest Disclosures Act 2012; or

the Ombudsman Act 1973; or

the Independent Broad-based Anti-corruption Commission Act 2011; or

the Fair Work Act 2009 of the Commonwealth;