6. How the VI will handle your disclosure

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6.1 The steps ...

  1. We acknowledge receipt of your disclosure.
  1. We work out if we’re the right body to receive it. If not, we’ll tell you who is. If it’s appropriate, we’ll treat your disclosure as a misdirected disclosure and tell the Independent Broad-based Anti-corruption Commission (IBAC) or the Integrity and Oversight Committee (IOC) about it. We will do this within 28 days.
  1. If it’s about IBAC, an IBAC officer, a Public Interest Monitor, then we’ll need to decide whether it’s a public interest complaint (PIC). For PICs we’ll investigate unless there is a reason not to under the Victorian Inspectorate Act 2011. If it is not a PIC, we will handle it as a complaint under the Victorian Inspectorate Act 2011 (VI Act).

The VI will always try to keep you informed in writing how your disclosure will be handled.

Please see Table C for how the VI handless disclosure. Please see section 6.4 for information about how the VI handles disclosures about us and our officers sent to us by mistake (misdirected disclosures).

Table C

6.2 What public interest disclosures the VI can receive

We can receive PIDs about:

  • IBAC or an IBAC officer
  • a Public Interest Monitor
  • a Victorian Ombudsman (VO) officer

  • a Victorian Auditor General’s Office (VAGO) officer

  • the Chief Examiner or an Examiner appointed under s21 of the Major Crime (Investigative Powers) Act 2004

  • a Judicial Commission of Victoria officer (other than a judicial member

of the Board of the Judicial Commission of Victoria)

  • a Council or a member of Council staff
  • any other Victorian public officer or Victorian public body, unless required to be made to another entity under ss14 or 17 of the PID Act.

6.3 What public interest disclosures the VI can't receive

We can’t receive Public Interest Disclosures (PID) about:

  • the VI or a VI officer
  • members of Parliament
  • a court
  • an investigating panel or a member of it
  • a Victorian public officer or body required to be made to another entity under ss14 or 17 of the PID Act.

If we can’t accept your PID, we’ll tell who can and how to do it. But this might not be possible if you choose to be anonymous and do not use our online PID form to make your disclosure.

6.4 How does the VI deal with misdirected disclosures

If you make a misdirected disclosure (you make a PID to the wrong place, honestly believing that it was the right place) - we may need to tell IBAC. If it’s about the VI or one of our officers, we’ll tell the IOC of Parliament.

6.5 When do we have to investigate a PID?

In most circumstances, we are required to investigate any PID we classify as a PIC if it’s about:

  • IBAC
  • IBAC officers
  • a Public Interest Monitor.

We are also required to investigate any PIC that IBAC refers to us.

However, we may refuse to investigate any PIC if we consider:

  • the subject matter is trivial
  • the PIC is frivolous or vexatious or lacks substance or credibility
  • the PIC was not made genuinely or was made for a mischievous purpose
  • the PIC does not amount to improper conduct or detrimental action
  • the investigation would prejudice a criminal matter – provided we take reasonable steps to ensure that the investigation does not prejudice a criminal matter (or civil matter), we can proceed.

We may also refuse to investigate if the disclosure was made more than 12 months after the discloser knew about it and they cannot give a good reason for the delay.

Under s31 of the PID Act, the VI can only classify a disclosure as a PIC if:

  • it shows or tends to show improper conduct, or detrimental action for making a PID, or
  • the person making it reasonably believes it does.

To test whether a person ‘reasonably believes’ the information they are disclosing requires consideration of:

  1. Whether the discloser has a personal belief in what they are disclosing
  1. Whether the discloser has this belief because of specific circumstances that they have explained; and
  1. Whether those circumstances would lead a reasonable person to reach the same belief.

6.6 When does a 'disclosure' become a 'complaint'?

If the VI:

  • determines it’s not a PIC
  • is not required to tell IBAC about a disclosure about another entity
  • gets written confirmation from the discloser within 28 days of receiving the disclosure that it isn’t a PID.

We can also choose to investigate a complaint if the issue is part of our role under the VI Act.

Please note: The discloser’s identity can be revealed once it becomes a complaint.

6.7 When does the VI have to tell IBAC about a PID?

  • if we think it shows or tends to show improper conduct, or detrimental action for making a PID, or
  • if we think the person making it reasonably believes it does.
  • In telling IBAC, the VI may share any disclosed information including the discloser’s name and contacts.

The VI won’t notify PIDs about IBAC, IBAC officers or a Public Interest Monitor because we’re required to determine if they’re PICs and if they are, and unless one of reasons above applies - investigate the PIC.

6.8 What happens once the VI tells IBAC about a PID?

If IBAC believes that a PID shows or tends to show improper conduct or detrimental action related to a PID, or that the discloser reasonably believes it does, then it will classify it as a PIC. During its assessment, IBAC can contact us or the discloser for more information.

If IBAC decides it’s a PIC, it will write to the discloser about its plans which can include:

  • starting an investigation
  • asking another entity to do so
  • taking no further action.

If IBAC decides it’s not a PIC, it will tell the discloser and give them reasons. At that point their identity will no longer be required to be kept confidential.

If the PID is made anonymously, IBAC does not need to write to the discloser.

IBAC can also treat the PID as a complaint under the IBAC Act if the discloser agrees that’s acceptable.

6.9 How the VI will communicate with you

We’ll write to you:

  • confirming we received your disclosure
  • advising whether we need to tell IBAC
  • advising whether your disclosure is a PIC, and if so, whether we will investigate, unless telling you may lead to an adverse outcome such as:
  1. prejudicing an investigation
  1. risking a person’s safety
  1. unreasonably damaging someone’s reputation.
  • if we choose not to investigate, we will give you the reasons why
  • if we will investigate – we will tell you and this has to be kept secret, unless there is a reason that allows disclosure under the VI Act, for example, to seek support from a registered health practitioner, like a doctor, or make a complaint to the Integrity and Oversight Committee. A full list of reasons will be set out in the letter. This is important, as disclosing information may be an offence.
  • if your disclosure is not a PIC – whether the VI will handle your disclosure as a complaint under the VI Act, or the name of another entity for you to make a complaint to if we think they could deal with it.

After a PIC investigation, the VI is required to tell the you (if you are the discloser) the outcome, which includes actions, or recommendations for further action. We won’t tell you if it could lead to adverse outcomes referred to above.

If we do provide information about the outcome – it is an offence to disclose this information unless you have a reason that is allowed under the VI Act, such as seeking support from a registered health practitioner or making a complaint to the IOC.

6.10 How the VI will maintain confidentiality

  • We’ll make sure all electronic and paper records about the disclosures are securely stored.
  • We’ll strictly follow the law in receiving, assessing, notifying and investigating your disclosure.
  • We maintain regular VI officer training on keeping disclosures confidential.
  • We provide advice to stakeholders on confidentiality under the PID Act.
  • VI officers are under strict confidentiality obligations.

Please note: Freedom of information laws DO NOT apply to PIDs or any information that could identify who made it.

6.11 Sometimes we have to take urgent action

The VI can:

  • go to the Victoria Police, if a disclosure covers serious criminal conduct or an immediate threat to someone’s health, safety or property
  • respond at any time to stop reported wrongdoings by VI officers.

6.12 Your human rights

The Charter of Human Rights and Responsibilities Act 2006 guides how we receive, handle, notify and investigate PIDs.

6.13 What we can tell a Minister or the Premier

Unless it would lead to an adverse outcome listed in the VI Act, we can provide information about an investigation to either the Minister responsible for the person or body under investigation or to the Premier about:

  • an investigation starting
  • the conduct of an investigation; or
  • the results (whether made publicly or privately) of an investigation.

Updated

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