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Special Investigator Repeal Act 2023 No. of 2023 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 2 3 Act binds the Crown 2 Part 2--Repeal of Special Investigator Act 2021 3 Division 1--Repeal 3 4 Repeal 3 Division 2--Office of the Special Investigator 3 5 Office of the Special Investigator abolished 3 6 Special Investigator appointment revoked 3 7 Transfer of assets and liabilities 3 8 Transfer of proceedings, etc. 4 9 Transfer of records 4 10 Final report 6 Division 3--Transitional and savings provisions 7 11 Continued immunity of former OSI officers 7 12 Continued prohibition on compelling former OSI officers as witnesses 7 13 Continued offence--Unauthorised use or disclosure of Office of Special Investigator information 7 14 Continued offence--Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer 8 15 Continued application of certain provisions 8 16 Freedom of information 8 17 Regulations dealing with transitional matters 9 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 10 Division 1--Amendment of Victorian Inspectorate Act 2011 10 18 Definitions 10 19 Objects of Act 10 i Clause Page 20 Functions of the Victorian Inspectorate 10 21 Delegation 10 22 Disclosure of information by the Victorian Inspectorate 10 23 Complaints 10 24 Investigation of complaint 11 25 Own motion investigation 11 26 Conduct of investigation 11 27 Requirement to provide assistance 11 28 Persons to provide assistance 11 29 Conduct of inquiry 11 30 Content and form of witness summons 12 31 Legal representation of witnesses and other persons 12 32 Powers of entry, inspection and seizure 12 33 Act applies equally to attendance in person or by audio visual link or audio link 12 34 Privileges and secrecy generally 12 35 Sections 85H and 85I repealed 12 36 Recommendations must not include information likely to identify person who makes an assessable disclosure 13 37 Special reports 13 38 Advice to a complainant 13 39 Outcome of investigation 13 40 Matters to be included in annual report 13 41 Exemption from Freedom of Information Act 1982 14 42 Regulations--specific matters 14 Division 2--Transitional and savings provisions 14 43 Victorian Inspectorate may continue to receive complaints for further 6 months 14 44 Victorian Inspectorate may continue to report on actions taken for further 6 months 15 45 Victorian Inspectorate may continue to investigate conduct for further 18 months 15 46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years 16 47 Access to records 18 48 Continued exemption from Freedom of Information Act 1982 18 Division 3--Repeal of this Part 18 49 Repeal of this Part 18 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 19 Division 1--Amendment of Public Interest Disclosures Act 2012 19 50 Definitions 19 ii Clause Page 51 Persons or bodies to which certain public interest disclosures must be made 19 52 Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee 20 53 Assessment of disclosure and determination by the Victorian Inspectorate 20 54 Functions and powers of the Victorian Inspectorate 20 55 Schedule 2 amended 20 Division 2--Transitional and savings provisions 20 56 Public interest disclosures to be made to Victorian Inspectorate for further 6 months 20 57 Public interest disclosures previously made or determined 21 Division 3--Repeal of this Part 23 58 Repeal of this Part 23 Part 5--Consequential amendment of other Acts 24 Division 1--Amendment of Independent Broad-based Anti- corruption Commission Act 2011 24 59 Definitions 24 60 Unauthorised disclosures or provision of information 24 61 Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police 24 62 Referral of complaint or notification for investigation by another person or body 25 63 Information to be provided with referral 25 Division 2--Amendment of Police Informants Royal Commission Implementation Monitor Act 2021 25 64 Definitions 25 65 Functions 25 Division 3--Amendment of Public Administration Act 2004 26 66 What are special bodies? 26 67 Persons with functions of public service body Head 26 Division 4--Amendment of Surveillance Devices Act 1999 26 68 Definitions 26 Division 5--Amendment of Witness Protection Act 1991 27 69 Definitions 27 70 Information not to be disclosed 27 71 Privilege of matters and things relating to performance of duties in accordance with this Act 27 iii Clause Page Division 6--Repeal of this Part 27 72 Repeal of this Part 27 ═════════════ Endnotes 28 1 General information 28 iv Special Investigator Repeal Act 2023 No. of 2023 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to repeal the Special Investigator Act 2021; and (b) to abolish the Office of the Special Investigator; and (c) to make necessary transitional arrangements; and (d) to continue in operation certain offences; and 1 Special Investigator Repeal Act 2023 No. of 2023 Part 1--Preliminary (e) to make consequential and related amendments to other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 30 June 2024, it comes into operation on that day. 3 Act binds the Crown (1) This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities. (2) The Crown is a body corporate for the purposes of this Act and the regulations. 2 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 Part 2--Repeal of Special Investigator Act 2021 Division 1--Repeal 4 Repeal The Special Investigator Act 2021 is repealed. Division 2--Office of the Special Investigator 5 Office of the Special Investigator abolished The Office of the Special Investigator established by section 6 of the Special Investigator Act 2021 is abolished. 6 Special Investigator appointment revoked A person holding office as the Special Investigator under the Special Investigator Act 2021 immediately before the commencement of this Part-- (a) ceases to hold that office; and (b) is not entitled to any remuneration or compensation because of the loss of that office. 7 Transfer of assets and liabilities (1) All assets, property and rights vested in or held by the Office of the Special Investigator immediately before the commencement of this Part vest, by force of this subsection, in the State. (2) All liabilities of the Office of the Special Investigator, including contingent, prospective or inchoate liabilities, existing immediately before the commencement of this Part become, by force of this subsection, liabilities of the State. 3 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 (3) The State, by force of this subsection, is substituted as a party to any current contract, agreement, lease, memorandum of understanding or other arrangement to which the Office of the Special Investigator was a party immediately before the commencement of this Part. (4) Subsection (3) does not limit or affect the operation of a termination provision in the contract, agreement, lease, memorandum of understanding or other arrangement. 8 Transfer of proceedings, etc. (1) The State, by force of this subsection, is substituted as a party to any proceeding to which the Office of the Special Investigator was a party immediately before the commencement of this Part. (2) The State, by force of this subsection, is substituted as the addressee for any subpoena issued in a proceeding to the Office of the Special Investigator or an OSI officer to give evidence or produce documents in that proceeding. 9 Transfer of records (1) Except as provided under this or any other Act, all records held by the Office of the Special Investigator immediately before the commencement of this Part are to be transferred to the public office that is the Department of Justice and Community Safety unless the Attorney-General, by instrument, determines that they are to be transferred to another public office. Note Public interest disclosures are transferred to the IBAC under section 57(2). 4 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 (2) Despite section 8A of the Public Records Act 1973, the public office that is the Department of Justice and Community Safety or other public office (as the case requires) must cause any record of the Office of the Special Investigator that the Keeper of Public Records has selected as worthy of preservation to be transferred to the custody of the Public Record Office as soon as reasonably practicable after receiving it. (3) Records transferred to the public office that is the Department of Justice and Community Safety, another public office or the Public Record Office under this section are to be held and dealt with on the same basis, and in the same manner, as the basis on which they were held, and the manner in which they could be dealt with, by the Office of the Special Investigator. (4) This section is subject to any arrangements made under section 2B(b) of the Public Records Act 1973. (5) In this section-- Keeper of Public Records has the same meaning as in the Public Records Act 1973; public office has the same meaning as in the Public Records Act 1973; Public Record Office means the office established by section 3 of the Public Records Act 1973. 5 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 10 Final report (1) Despite anything to the contrary in the Financial Management Act 1994, the Secretary to the Department of Justice and Community Safety must ensure that the following is prepared, in accordance with Part 7 of that Act-- (a) a report of the operations of the Office of the Special Investigator during the period beginning on 1 July 2023 and ending on the day that this Part commences; (b) financial statements of the Office of the Special Investigator for that period. (2) The report under subsection (1)(a) must include, for the period beginning on 1 July 2023 and ending on the day that this Part commences-- (a) the number of investigations carried out by the Office of the Special Investigator under Divisions 1 and 2 of Part 3 of the Special Investigator Act 2021 as in force immediately before its repeal; and (b) the matters specified in section 69 of the Public Interest Disclosures Act 2012. (3) The report and financial statements prepared under subsection (1) must be incorporated in and consolidated with those of the Department of Justice and Community Safety for the financial year that includes the day that this Part commences. 6 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 Division 3--Transitional and savings provisions 11 Continued immunity of former OSI officers Despite the repeal of the Special Investigator Act 2021, section 26 of that Act as in force immediately before its repeal continues in operation as if-- (a) it had not been repealed; and (b) a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer". 12 Continued prohibition on compelling former OSI officers as witnesses Despite the repeal of the Special Investigator Act 2021, section 76 of that Act as in force immediately before its repeal continues in operation as if-- (a) it had not been repealed; and (b) a reference to "OSI officer" included a reference to "a person who was at any time an OSI officer". 13 Continued offence--Unauthorised use or disclosure of Office of Special Investigator information Despite the repeal of the Special Investigator Act 2021, section 89 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 89 had not been repealed. 7 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 14 Continued offence--Offence to cause or threaten harm or detriment to person who assists Office of the Special Investigator or OSI officer Despite the repeal of the Special Investigator Act 2021, section 90 of that Act as in force immediately before its repeal continues in operation, and that offence continues to apply, as if section 90 had not been repealed. 15 Continued application of certain provisions For the purposes of sections 89 and 90 as continued under this Division, the following sections of the Special Investigator Act 2021 as in force immediately before its repeal continue to apply despite their repeal-- (a) sections 93, 94, 95 and 96; (b) any other sections necessary to give effect to those sections and the continued offences. 16 Freedom of information (1) If before the commencement of this Part-- (a) a request was made to the Office of the Special Investigator under the Freedom of Information Act 1982 for access to a document; and (b) the Office of the Special Investigator has not dealt with that request-- the request, on the commencement of this Part, is taken to be transferred under section 18(2) of the Freedom of Information Act 1982 to the agency that is the Department of Justice and Community Safety. 8 Special Investigator Repeal Act 2023 No. of 2023 Part 2--Repeal of Special Investigator Act 2021 (2) For the purposes of an application under section 49A or 50 of the Freedom of Information Act 1982, a decision of the Office of the Special Investigator is taken to be a decision of the Secretary to the Department of Justice and Community Safety. 17 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act). (2) Regulations made under this section may-- (a) have a retrospective effect to the date of Royal Assent of this Act; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. (3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument. (4) This section is repealed on the second anniversary of its commencement. 9 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 Division 1--Amendment of Victorian Inspectorate Act 2011 18 Definitions In section 3(1) of the Victorian Inspectorate Act 2011, the definitions of Office of the Special Investigator, OSI officer, OSI personnel and Special Investigator are repealed. 19 Objects of Act In section 5 of the Victorian Inspectorate Act 2011-- (a) in paragraph (i), for "officers; and" substitute "officers."; (b) paragraph (j) is repealed. 20 Functions of the Victorian Inspectorate Section 11(8) of the Victorian Inspectorate Act 2011 is repealed. 21 Delegation Section 27(1)(lc) of the Victorian Inspectorate Act 2011 is repealed. 22 Disclosure of information by the Victorian Inspectorate Section 36A(3)(ea) of the Victorian Inspectorate Act 2011 is repealed. 23 Complaints Section 43(11) and (12) of the Victorian Inspectorate Act 2011 are repealed. 10 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 24 Investigation of complaint (1) Section 44(6C) of the Victorian Inspectorate Act 2011 is repealed. (2) In section 44(7) of the Victorian Inspectorate Act 2011, for "(6A), (6B) and (6C)" substitute "(6A) and (6B)". 25 Own motion investigation Section 46(7) of the Victorian Inspectorate Act 2011 is repealed. 26 Conduct of investigation (1) Section 47(4D) and (9A) of the Victorian Inspectorate Act 2011 are repealed. (2) In section 47(10) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)". 27 Requirement to provide assistance Section 48(8) of the Victorian Inspectorate Act 2011 is repealed. 28 Persons to provide assistance In section 48E of the Victorian Inspectorate Act 2011, for "Ombudsman, the Chief Examiner and the Office of the Special Investigator" substitute "Ombudsman and the Chief Examiner". 29 Conduct of inquiry In section 50(d) of the Victorian Inspectorate Act 2011, for "premises, VAGO premises or Office of the Special Investigator" substitute "premises or VAGO". 11 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 30 Content and form of witness summons In section 54(4) of the Victorian Inspectorate Act 2011-- (a) paragraph (g)(viii) is repealed; (b) in paragraph (i), for "Commissioner, a member of Victoria Police personnel or an OSI personnel," substitute "Commissioner or a member of Victoria Police personnel,". 31 Legal representation of witnesses and other persons In section 58(2)(c) and (d) and (8)(c) and (d) of the Victorian Inspectorate Act 2011, for "Inspectorate, the Office of the Victorian Information Commissioner or the Office of the Special Investigator" substitute "Inspectorate or the Office of the Victorian Information Commissioner". 32 Powers of entry, inspection and seizure Section 63(13) and (14) of the Victorian Inspectorate Act 2011 are repealed. 33 Act applies equally to attendance in person or by audio visual link or audio link In section 67A(1)(b) and (2)(b) of the Victorian Inspectorate Act 2011, for "(4A)(d), (4B)(d) or (4D)(d)" substitute "(4A)(d) or (4B)(d)". 34 Privileges and secrecy generally Section 68(13) and (14) of the Victorian Inspectorate Act 2011 are repealed. 35 Sections 85H and 85I repealed Sections 85H and 85I of the Victorian Inspectorate Act 2011 are repealed. 12 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 36 Recommendations must not include information likely to identify person who makes an assessable disclosure In section 86(1) of the Victorian Inspectorate Act 2011, for "85F, 85G, 85H or 85I" substitute "85F or 85G". 37 Special reports Section 87(6B) of the Victorian Inspectorate Act 2011 is repealed. 38 Advice to a complainant (1) In section 88(1)(b) of the Victorian Inspectorate Act 2011, for "85, 85E or 85H(1) or (3)" substitute "85 or 85E". (2) Section 88(3)(ib) of the Victorian Inspectorate Act 2011 is repealed. 39 Outcome of investigation Section 89(9) of the Victorian Inspectorate Act 2011 is repealed. 40 Matters to be included in annual report (1) In section 91(1) of the Victorian Inspectorate Act 2011-- (a) in paragraph (v), for "taken;" substitute "taken."; (b) paragraph (w) is repealed. (2) Section 91(9B) of the Victorian Inspectorate Act 2011 is repealed. 13 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 41 Exemption from Freedom of Information Act 1982 In section 102(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body-- (a) in paragraph (q), for "officer;" substitute "officer."; (b) paragraphs (r) and (s) are repealed. 42 Regulations--specific matters In section 104(j) of the Victorian Inspectorate Act 2011, omit "or 85I(3)(g)". Division 2--Transitional and savings provisions 43 Victorian Inspectorate may continue to receive complaints for further 6 months (1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, a person may make a complaint in accordance with section 43(11) of that Act as in force immediately before its amendment. (2) A complaint referred to in subsection (1) must be made within 6 months after the commencement of this Part. (3) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed-- (a) section 3(1); (b) section 11(8)(b); (c) section 43(11) and (12); 14 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 (d) any other sections that are necessary for the operation of a section specified in paragraph (a) to (c) or for the Victorian Inspectorate to properly receive the person's complaint. (4) In subsection (3), a reference to a section includes a regulation made for the purposes of that section. 44 Victorian Inspectorate may continue to report on actions taken for further 6 months Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, section 91(1)(w) of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continues to apply for 6 months after the commencement of this Part as if it had not been repealed. 45 Victorian Inspectorate may continue to investigate conduct for further 18 months (1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may investigate the conduct of the Office of the Special Investigator and OSI personnel up to 18 months after the commencement of this Part. (2) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed-- (a) section 3(1); (b) section 11(8)(c) and (d); (c) section 46(7); 15 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 (d) section 47(4D), as if a reference to "the records of the Office of the Special Investigator" included a reference to "the records transferred in accordance with section 9 of the Special Investigator Repeal Act 2023"; (e) section 47(10); (f) section 54(4)(g)(viii), as if a reference to "the Office of the Special Investigator" included a reference to "the Crown"; (g) section 54(4)(i); (h) section 67A(1)(b) and (2)(b); (i) section 68(13); (j) section 68(14), as if a reference to "the Special Investigator" or "the Office of the Special Investigator" included a reference to "the Crown"; (k) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (j) or for the Victorian Inspectorate to effectively investigate the conduct. (3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section. 46 Victorian Inspectorate may continue to make recommendations and report on investigations for further 2 years (1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Victorian Inspectorate Act 2011 by this Part, the Victorian Inspectorate may report on, and make recommendations in relation to, an investigation into the conduct of the Office of the Special Investigator and OSI personnel until the 16 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 second anniversary of the commencement of this Part. (2) For the purposes of subsection (1), the following sections of the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part continue to apply as if those sections had not been amended or repealed-- (a) section 3(1); (b) section 11(8)(e), as if a reference to "paragraphs (a), (b), (c) and (d)" were a reference to "paragraphs (b), (c) and (d)"; (c) section 85H(1) to (3), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General"; (d) section 85I(3); (e) section 86; (f) section 89(9)(a) and (c) to (m), as if a reference to "the Office of the Special Investigator" were a reference to "the Attorney-General"; (g) section 104(j); (h) any other sections that are necessary for the operation of a section specified in paragraphs (a) to (g) or for the Victorian Inspectorate to effectively report on and make recommendations in relation to an investigation. (3) In subsection (2), a reference to a section includes a regulation made for the purposes of that section. 17 Special Investigator Repeal Act 2023 No. of 2023 Part 3--Consequential amendment of Victorian Inspectorate Act 2011 47 Access to records The Victorian Inspectorate may access, receive, assess and deal with the records of the Office of the Special Investigator for the purposes of performing its functions under the Victorian Inspectorate Act 2011 as in force immediately before the commencement of this Part regardless of who is the custodian of those records. 48 Continued exemption from Freedom of Information Act 1982 Despite the amendment of the Victorian Inspectorate Act 2011 by this Part, paragraph (r) of the definition of relevant person or body in section 102(2) of that Act continues to apply in respect of a document transferred to the public office that is the Department of Justice and Community Safety under section 9 of this Act as if a reference in paragraph (r) of the definition of relevant person or body in section 102(2) to "the Office of the Special Investigator" were a reference to "the Department of Justice and Community Safety". Division 3--Repeal of this Part 49 Repeal of this Part This Part is repealed on the third anniversary of its commencement. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 18 Special Investigator Repeal Act 2023 No. of 2023 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 Division 1--Amendment of Public Interest Disclosures Act 2012 50 Definitions In section 3 of the Public Interest Disclosures Act 2012-- (a) paragraph (i) of the definition of investigating entity is repealed; (b) the definitions of Office of the Special Investigator, OSI officer and Special Investigator are repealed. 51 Persons or bodies to which certain public interest disclosures must be made In section 14 of the Public Interest Disclosures Act 2012-- (a) in paragraph (b)-- (i) in subparagraph (iii), for "Monitor; or" substitute "Monitor;"; (ii) subparagraphs (iv) and (v) are repealed; (b) for paragraph (d) substitute-- "(d) to the IBAC or to Victoria Police, if the disclosure relates to a member of Victoria Police personnel, other than the Chief Commissioner of Police;"; (c) paragraph (da) is repealed. 19 Special Investigator Repeal Act 2023 No. of 2023 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 52 Notification of disclosure to the IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee Section 21(4)(ba) of the Public Interest Disclosures Act 2012 is repealed. 53 Assessment of disclosure and determination by the Victorian Inspectorate In section 31(1) of the Public Interest Disclosures Act 2012, for ", a Public Interest Monitor, the Office of the Special Investigator or an OSI officer" substitute "or a Public Interest Monitor". 54 Functions and powers of the Victorian Inspectorate In section 56(1)(a) of the Public Interest Disclosures Act 2012, for ", Public Interest Monitors, the Office of the Special Investigator or OSI officers" substitute "or Public Interest Monitors". 55 Schedule 2 amended In the Table in Schedule 2 to the Public Interest Disclosures Act 2012, item 9 is repealed. Division 2--Transitional and savings provisions 56 Public interest disclosures to be made to Victorian Inspectorate for further 6 months (1) Despite the abolition of the Office of the Special Investigator by section 5 and the amendment of the Public Interest Disclosures Act 2012 by this Part, a public interest disclosure-- (a) made within 6 months after the commencement of this Part; and 20 Special Investigator Repeal Act 2023 No. of 2023 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 (b) relating to the Office of the Special Investigator or a former OSI officer-- must be made to the Victorian Inspectorate in accordance with section 14(b) of the Public Interest Disclosures Act 2012 as in force immediately before its amendment. (2) For the purposes of subsection (1), the following sections of the Public Interest Disclosures Act 2012 as in force immediately before the commencement of this Part apply as if those sections had not been amended or repealed-- (a) section 3; (b) section 14(b)(iv) and (v); (c) section 21(4)(ba); (d) section 31(1); (e) section 56(1)(a). (3) In subsection (2)-- (a) a reference in a section to "an OSI officer" includes a reference to "a former OSI officer"; and (b) a reference to a section includes a regulation made for the purposes of that section. 57 Public interest disclosures previously made or determined (1) Despite the amendment of the Public Interest Disclosures Act 2012 by this Part, if a public interest disclosure or public interest complaint relating to-- (a) a member of Victoria Police personnel and conduct arising from, or out of, the use of Nicola Maree Gobbo as a human source within the meaning of the Special 21 Special Investigator Repeal Act 2023 No. of 2023 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 Investigator Act 2021 as in force immediately before its repeal; or (b) the Office of the Special Investigator or an OSI officer within the meaning of the Special Investigator Act 2021 as in force immediately before its repeal-- was made or determined before the commencement of this Part, the Public Interest Disclosures Act 2012 applies in respect of the disclosure or complaint as if it had not been so amended. (2) For the purposes of subsection (1)(a), if a public interest disclosure relating to a member of Victoria Police personnel was made to the Office of the Special Investigator before the commencement of this Part and the Office of the Special Investigator has not notified the appropriate entity of that disclosure-- (a) the disclosure is taken to have been made to the IBAC; and (b) any records or evidence relating to the matter are to be transferred to the IBAC for the IBAC to use and rely on in investigating the matter. (3) In this section-- IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011. 22 Special Investigator Repeal Act 2023 No. of 2023 Part 4--Consequential amendment of Public Interest Disclosures Act 2012 Division 3--Repeal of this Part 58 Repeal of this Part This Part is repealed on the second anniversary of its commencement. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 23 Special Investigator Repeal Act 2023 No. of 2023 Part 5--Consequential amendment of other Acts Part 5--Consequential amendment of other Acts Division 1--Amendment of Independent Broad-based Anti-corruption Commission Act 2011 59 Definitions (1) In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011-- (a) the definition of human source is repealed; (b) paragraph (ca) of the definition of law enforcement agency is repealed; (c) the definition of Office of the Special Investigator is repealed; (d) in the definition of Royal Commission into the Management of Police Informants, after "2021" insert "as in force immediately before its repeal". (2) Section 3(5) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed. 60 Unauthorised disclosures or provision of information In section 40(d) of the Independent Broad-based Anti-corruption Commission Act 2011, for ", the Public Interest Disclosures Act 2012 or the Special Investigator Act 2021" substitute "or the Public Interest Disclosures Act 2012". 61 Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police Section 65(4) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed. 24 Special Investigator Repeal Act 2023 No. of 2023 Part 5--Consequential amendment of other Acts 62 Referral of complaint or notification for investigation by another person or body In section 73 of the Independent Broad-based Anti-corruption Commission Act 2011-- (a) subsection (2)(db) is repealed; (b) for subsection (3)(a) substitute-- "(a) in the case of a public interest complaint relating to the conduct of a member of Victoria Police personnel-- the Chief Commissioner of Police; or". 63 Information to be provided with referral (1) Section 77(2A) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed. (2) In section 77(3) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "or (2A)". Division 2--Amendment of Police Informants Royal Commission Implementation Monitor Act 2021 64 Definitions In section 3 of the Police Informants Royal Commission Implementation Monitor Act 2021, the definition of Office of the Special Investigator is repealed. 65 Functions In section 15(1) of the Police Informants Royal Commission Implementation Monitor Act 2021-- (a) in paragraph (e)(iii), for "timeframes;" substitute "timeframes."; (b) paragraphs (f) and (g) are repealed. 25 Special Investigator Repeal Act 2023 No. of 2023 Part 5--Consequential amendment of other Acts Division 3--Amendment of Public Administration Act 2004 66 What are special bodies? Section 6(1)(e) of the Public Administration Act 2004 is repealed. 67 Persons with functions of public service body Head Section 16(1)(fc) of the Public Administration Act 2004 is repealed. Division 4--Amendment of Surveillance Devices Act 1999 68 Definitions In section 3(1) of the Surveillance Devices Act 1999-- (a) paragraph (g) of the definition of chief officer is repealed; (b) paragraph (g) of the definition of law enforcement agency is repealed; (c) paragraph (g) of the definition of law enforcement officer is repealed; (d) the definition of Office of the Special Investigator is repealed; (e) paragraph (g) of the definition of senior officer is repealed; (f) the definition of Special Investigator is repealed. 26 Special Investigator Repeal Act 2023 No. of 2023 Part 5--Consequential amendment of other Acts Division 5--Amendment of Witness Protection Act 1991 69 Definitions In section 3(1) of the Witness Protection Act 1991, the definition of Office of the Special Investigator is repealed. 70 Information not to be disclosed (1) Section 10(1)(ba) of the Witness Protection Act 1991 is repealed. (2) Section 10(4)(ba) of the Witness Protection Act 1991 is repealed. 71 Privilege of matters and things relating to performance of duties in accordance with this Act In section 12(1)(eb) of the Witness Protection Act 1991, after "2021" insert "as in force immediately before its repeal". Division 6--Repeal of this Part 72 Repeal of this Part This Part is repealed on the second anniversary of its commencement. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 27 Special Investigator Repeal Act 2023 No. of 2023 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to repeal the Special Investigator Act 2021 and to abolish the Office of the Special Investigator, to make necessary transitional arrangements, to continue in operation certain offences, to make consequential and related amendments to other Acts and for other purposes." By Authority. Government Printer for the State of Victoria. 28
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