Victorian Numbered Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION AMENDMENT (INVESTIGATIVE FUNCTIONS) ACT 2012 (NO. 13 OF 2012) - SECT 6

For section 9 of the Independent Broad-based Anti-corruption Commission Act 2011 substitute —

        "     9     Functions of the IBAC

    (1)     The IBAC has the functions conferred on the IBAC under this Act or any other Act.

    (2)     The IBAC has the following functions—

        (a)     to identify, expose and investigate serious corrupt conduct;

        (b)     to identify, expose and investigate police personnel misconduct;

        (c)     to assess police personnel conduct.

    (3)     Without limiting the generality of subsection (2), the IBAC has the following functions under subsection (2)—

        (a)     to receive complaints and notifications to the IBAC in relation to corrupt conduct;

        (b)     in relation to police personnel conduct—

              (i)     to receive police personnel conduct complaints and notifications to the IBAC;

              (ii)     to ensure that the highest ethical and professional standards are maintained by members of the police force;

              (iii)     to ensure that members of the police force have regard to the human rights set out in the Charter of Human Rights and Responsibilities Act 2006 .

    (4)     The IBAC has education and prevention functions for the purpose of achieving the objects of this Act.

    (5)     Without limiting the generality of subsection (4), the IBAC has the following functions under subsection (4)—

        (a)     to examine systems and practices in the public sector and public sector legislation;

        (b)     to provide information to, consult with and make recommendations to, the public sector;

        (c)     to assist the public sector to increase capacity to prevent corrupt conduct and police personnel misconduct by providing advice, training and education services;

        (d)     to provide information and education services to the community about the detrimental effects of corruption on public administration and ways in which to assist in preventing corrupt conduct;

        (e)     to provide information and education services to members of police personnel and the community about police personnel conduct, including the detrimental effects of police personnel misconduct and ways in which to assist in preventing police personnel misconduct;

        (f)     to publish information on ways to prevent corrupt conduct and police personnel misconduct.

    (6)     For the purpose of achieving the objects of this Act, the IBAC has the following functions—

        (a)     to receive information, conduct research and collect intelligence, and to use that information, research and intelligence in support of investigations;

        (b)     to report on, and make recommendations as a result of, the performance of its duties and functions.".