PARLIAMENTARY WORKPLACE STANDARDS AND INTEGRITY ACT 2024 (NO. 27 OF 2024)

Victorian Numbered Acts

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PARLIAMENTARY WORKPLACE STANDARDS AND INTEGRITY ACT 2024 (NO. 27 OF 2024)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Object
5. Act binds the Crown
6. Extraterritorial operation
7. Parliamentary privilege preserved

PART 2--REFERRALS TO THE COMMISSION

Division 1--Making referrals

8. Referral of parliamentary misconduct
9. Withdrawal of referral
10. Request for further information about referral
11. Circumstances for dismissal or redirection of referral
12. Notification of referral
13. Deferral of action
14. Redirection of referral to appropriate entity
15. Requirement to deal with referral expeditiously
16. Determination for appropriate dispute resolution
17. Participation in appropriate dispute resolution
18. Protection of disclosure in appropriate dispute resolution
19. Outcome of appropriate dispute resolution
20. Report on outcome of appropriate dispute resolution
21. Investigation of referral
22. Request for information relating to investigation
23. Return of documents etc. provided
24. Request to attend for interview
25. Withdrawal or variation of investigation request
26. Determination of reasonable excuse
27. Failure to comply with investigation request
28. Investigative report for referral
29. Recommendation of sanctions
30. Imposition of sanctions
31. Presentation of investigative report or summary report to Parliament—Privileges Committee
32. Presentation of investigative report or summary report to Parliament—Premier
32A. Non-compliance with sanctions imposed by Commission
32B. Presentation of non-compliance report to Parliament—Privileges Committee
32C. Presentation of non-compliance report to Parliament—Premier

Division 3--Public interest complaints

33. Investigation of public interest complaint
34. Public interest complaint may be treated as referral instead
35. Application of investigation provisions
36. Investigative report for public interest complaint
37. Recommendation of sanctions
38. Presentation of investigative report or summary report to Parliament—Privileges Committee
39. Presentation of investigative report or summary report to Parliament—Premier

Division 4--General

40. Commission must have regard to certain matters
41. Publication of reports

PART 3--PARLIAMENTARY WORKPLACE STANDARDS AND INTEGRITY COMMISSION

Division 1--Establishment, principles and functions

42. Establishment of Commission
43. Commission does not represent Crown
44. Guiding principles
45. Functions of Commission
46. Commission not subject to direction or control

Division 2--Membership of Commission

47. Constitution of Commission
48. Independence of commissioners
49. Eligibility for appointment
50. Chair
51. Additional commissioners
52. Role of Integrity and Oversight Committee
53. Term of appointment and remuneration
54. Outside employment and activities
55. Oath or affirmation
56. Vacancy and resignation
57. Suspension and removal from office
58. Acting appointments
59. Commissioner may act as Chair
60. Validity of acts and decisions

Division 3--Performance of Commission's functions

61. Performance of Commission's functions
62. Commission not to prejudice legal proceedings or investigations
63. Meetings of the Commission
64. Remote meetings
65. Disclosure of interests

Division 4--Staffing and administration

66. Staff and other services
67. Consultants and investigators
68. Delegation by Commission
69. Delegation by Chair
70. Inability of Chair to act
71. Protection from liability

Division 5--Confidentiality, sharing and use of information

72. Confidentiality for Commission, commissioners and Commission officers
73. Disclosure of information to specified entities
74. Disclosure of information in relation to public interest disclosures or corrupt conduct
75. Taking advantage of information
76. Statutory secrecy and confidentiality provisions

Division 6--Confidentiality notices

77. Confidentiality notice
78. Cancellation and reissuing of confidentiality notice
79. Extension of confidentiality notice
80. Commission to provide Victorian Inspectorate with copies and other information
81. Disclosure subject to confidentiality notice

Division 7--General

82. Guidelines
83. Annual report
84. Protocols and memoranda of understanding
85. Exemption from Freedom of Information Act 1982

PART 4--PARLIAMENTARY INTEGRITY ADVISER

Division 1--Establishment and functions

86. Establishment of Parliamentary Integrity Adviser
87. Functions of Parliamentary Integrity Adviser
88. Independence of Parliamentary Integrity Adviser
89. Restriction on parliamentary referrals

Division 2--Appointment

90. Eligibility for appointment
91. Appointment
92. Veto of proposed appointment
93. Term of appointment and remuneration
94. Outside employment and activities
95. Oath or affirmation of office
96. Vacancy and resignation
97. Suspension and removal from office
98. Acting appointments

Division 3--Staffing and administration

99. Staff and other services
100. Consultants

Division 4--Record keeping, confidentiality and reporting

101. Record keeping
102. Confidentiality
103. Correction of misrepresentations
104. Reporting advice to Parliament
105. Annual report

PART 5--GENERAL

Division 1--Offences and proceedings

106. Offence to hinder or obstruct commissioners or Commission officers
107. Offence to provide false or misleading information
108. Offence to take or threaten detrimental action
109. Power to bring proceedings

Division 2--General

110. Notice requirements do not apply in respect of anonymous referrals
111. Service requirements for certain requests and notices
112. Transmission of reports and other documents to Parliament
113. Review of Act
114. Regulations
115. Transitional provision—first Parliamentary Integrity Adviser

PART 6--AMENDMENT OF ACTS

Division 1--Independent Broad-based Anti‑corruption Commission Act 2011

116. Definitions
117. Disclosure subject to confidentiality notice
118. Referral of public interest complaints to other investigating entities

Division 2--Judicial Commission of Victoria Act 2016

119. Definitions
120. Heading to Division 3 of Part 3 amended
121. New section 26A inserted
122. Heading to Division 2 of Part 4 amended
123. New section 49A inserted

Division 3--Local Government Act 2020

124. Definitions
125. Disclosure of information by the Chief Municipal Inspector

Division 4--Members of Parliament (Standards) Act 1978

126. Definitions
127. New section 3A inserted
128. New sections 6A and 6B inserted
129. Register of Interests
130. Reporting of Members

Division 5--Ombudsman Act 1973

131. Definitions
132. Disclosure of information by the Ombudsman
133. Exempt persons or bodies
134. Persons and bodies to whom or which the Ombudsman may refer complaints

Division 6--Parliamentary Committees Act 2003

135. Definitions
136. Establishment of Joint House Committees
137. Integrity and Oversight Committee
138. New section 8 inserted
139. Membership of Joint Investigatory Committees
140. New section 21B inserted
141. Election of chairperson and deputy chairperson

Division 7--Parliamentary Salaries, Allowances and Superannuation Act 1968

142. Separation payment
143. New section 7EA inserted

Division 8--Public Administration Act 2004

144. Definitions
145. What are special bodies?
146. Persons with functions of public service body Head
147. Inquiries

Division 9--Public Interest Disclosures Act 2012

148. Definitions
149. Meaning of improper conduct
150. Persons or bodies to which certain public interest disclosures must be made
151. Section 17 substituted
152. Misdirected disclosures
153. Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee
154. Advice to person making disclosure to entity other than a Presiding Officer
155. Section 25 repealed
156. Disclosures to which Part 6 applies
157. Circumstances in which information may be disclosed
158. Presiding Officer may establish procedures

Division 10--Racing Act 1958

159. Definitions
160. Disclosure of information
161. Disclosure of information by Racing Integrity Commissioner

Division 11--Victorian Inspectorate Act 2011

162. Definitions
163. Objects of Act
164. Functions of the Victorian Inspectorate
165. Delegation
166. Disclosure of information by the Victorian Inspectorate
167. New section 36B inserted
168. New section 42F inserted
169. Complaints
170. Investigation of complaint
171. Own motion investigation
172. Conduct of investigation
173. Requirement to provide assistance
174. Persons to provide assistance
175. Conduct of inquiry
176. Content and form of witness summons
177. Legal representation of witnesses and other persons
178. Powers of entry, inspection and seizure
179. Act applies equally to attendance in person or by audio visual link or audio link
180. Privileges and secrecy generally
181. Privilege against self-incrimination abrogated—witness summons
182. New sections 83A and 83B inserted
183. Recommendations must not include information likely to identify person who makes an assessable disclosure
184. Advice to a complainant
185. Outcome of investigation
186. Matters to be included in annual report
187. Exemption from Freedom of Information Act 1982

Division 12--Amendments consequential on Victorian Inspectorate name change

188. Amendment of Acts

Division 13--Repeal of this Part and Schedule 3

189. Repeal of this Part and Schedule 3
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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