Integrity Oversight Victoria Act 2011

Subject to subsection (3), Integrity Oversight Victoria may provide a complainant with information about the results of an investigation or inquiry including—

any action taken by Integrity Oversight Victoria; and

any recommendation by Integrity Oversight Victoria under section 79(1) or (3), 81, 83, 83B, 85 or 85E that any action or further action be taken by a person or body referred to in that section.

Subject to subsection (3), Integrity Oversight Victoria must provide a complainant with the information referred to in subsection (1) if the investigation or inquiry relates to a public interest complaint.

Subject to subsections (3) and (4), Integrity Oversight Victoria may provide information about the commencement, conduct or results of an investigation, including any action taken and any recommendation (whether made in a publicly‑available report or privately) that any action or further action be taken, to either or both of the following—

the Minister responsible for any person or body who is or was the subject of the investigation;

the Premier.

Integrity Oversight Victoria must not provide any information under this section if Integrity Oversight Victoria considers that the provision of the information would—

not be in the public interest or in the interests of justice; or

put a person's safety at risk; or

cause unreasonable damage to a person's reputation; or

prejudice an investigation under this Act or an investigation by the IBAC or Victoria Police; or

prejudice an audit or assurance review by the Auditor-General; or

prejudice an examination by the Chief Examiner or an Examiner; or

prejudice an investigation by Victoria Police of an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004; or

be likely to lead to the disclosure of protected information within the meaning of section 12A(5) of the Major Crime (Investigative Powers) Act 2004; or

prejudice an investigation by the Parliamentary Workplace Standards and Integrity Commission; or

prejudice an investigation by the Ombudsman; or

prejudice an investigation by the Office of the Victorian Information Commissioner; or

be likely to lead to the disclosure of any secret investigative method used by Integrity Oversight Victoria, the IBAC or Victoria Police; or

otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person.

Where an investigation relates to a public interest complaint about the conduct of a Public Interest Monitor, Integrity Oversight Victoria must not provide any information under this section 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; or

would compromise the operational activities or methodologies of Victoria Police or of any approved authority within the meaning of section 3(1) of the Witness Protection Act 1991; or

would prejudice any criminal proceedings or criminal investigations or an investigation by the IBAC, of which Integrity Oversight Victoria is aware; or

is likely to lead to the identification of a person who made an assessable disclosure and that is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or

identifies, or is likely to identify, any person who is being, or has been examined under the Major Crime (Investigative Powers) Act 2004 or the nature of any ongoing investigation of an organised crime offence within the meaning of that Act; or

would 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 that Act, are being or have been provided.

Information provided to a complainant under subsection (1) or (2) must include a written statement advising the recipient that it is an offence under section 97AA to disclose the information.