Independent Broad-based Anti- corruption Commission Regulations 2013 S.R. No. 5/2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Definitions 2 PART 2—PRESCRIBED BODIES AND PERSONS 3 5 Prescribed bodies and persons 3 PART 3—DEFENSIVE EQUIPMENT AND FIREARMS 4 6 Courses of training in the use of defensive equipment 4 7 Courses of training in the use of firearms 4 PART 4—ASSISTANCE FOR WITNESSES 6 Division 1—Reimbursement of expenses 6 8 Reimbursement of expenses 6 9 Attendance allowance for expert witnesses 6 10 Attendance and general allowances for other witnesses 6 11 Meals and accommodation 7 12 Travelling expenses 8 13 Evidence of expenses 9 1
6 Courses of training in the use of defensive equipment 47 Courses of training in the use of firearms 4
PART 4—ASSISTANCE FOR WITNESSES 6
Division 1—Reimbursement of expenses 6
8 Reimbursement of expenses 69 Attendance allowance for expert witnesses 610 Attendance and general allowances for other witnesses 611 Meals and accommodation 712 Travelling expenses 813 Evidence of expenses 9
Division 2—Provision of legal assistance 9
14 Provision of legal assistance to witnesses 9
1
PART 5—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE 10
Division 1—General 10
15 Direction to provide a sample of breath or urine or allow a sample of blood to be taken 10
16 Blood and urine samples—general 12
Division 2—Breath analysis 13
17 Prescribed breath analysing devices 1318 Procedure for breath analysis 1419 Certificate of breath analysis 14
Division 3—Taking of blood samples 15
20 Direction to take blood sample 1521 Procedure for taking blood sample 1622 Procedure after blood sample taken 1623 Certificate of taking blood sample 17
Division 4—Collection of urine samples 18
24 Prescribed persons to collect urine samples 1825 Procedure for collecting urine sample 1826 Procedure after person collects urine sample 1827 Certificate of collecting of urine sample 19
Division 5—Analysis of blood sample or urine sample 20
28 Analysis of blood samples or urine samples 2029 Certificate of analysis of sample of urine or blood 2030 IBAC Officer may request independent analysis of a blood
sample or urine sample 21
Division 6—Handling of information and confidentiality 22
31 Confidentiality of test results 22
PART 6—PRESCRIBED FORMS 24
32 Confidentiality notice 2433 Authorisation to apply for a search warrant 2434 Search warrant 2435 Receipt for documents or things seized 2436 Witness summons 2437 Direction about a witness already held in custody 2438 Notice of application to determine privilege 2439 Arrest warrant 2440 Statement about right to apply for discharge from custody 25
PART 7—OTHER MATTERS 26
41 Proof of age 2642 Additional actions before the questioning of a witness or
requiring the production of documents 2643 Prescribed persons for referral of complaints or notifications
for investigation 27
PART 8—TRANSITIONAL MATTERS AND RENUMBERING 28
44 Courses of training in the use of defensive equipment 2845 Courses of training in the use of firearms 2846 Renumbering 28
__________________
SCHEDULE—Forms 31
Form 1—Confidentiality Notice 31
Form 2—Authorisation of Authorised Officer to Apply for a Search Warrant 35
Form 3—Search Warrant 36
Form 4—Receipt for Seized Documents and Things 38
Form 5—Witness Summons 39
Form 6—Direction About a Witness Already Held in Custody 41
Form 7—Notice of Application to Determine Claim of Privilege or the Application of a Secrecy Requirement 42
Form 8—Arrest Warrant 43
Form 9—Statement of Your Right to Apply for Discharge From Custody 44
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 5 February 2013
Responsible Minister:
ANDREW McINTOSHMinister responsible for the establishment of an anti-corruption commission
MATTHEW McBEATHClerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to prescribe—
(a) training courses for the use of defensive equipment and firearms;
(b) the manner of calculating the amount of assistance provided by the persons prescribed to witnesses summoned to attend an examination before the IBAC;
1
(c) matters necessary for the testing of IBAC Officers for alcohol or drugs of dependence under Division 1 of Part 7 of the Independent Broad-based Anti-corruption Commission Act 2011;
(d) other matters necessary to be prescribed under the Independent Broad-based Anti-corruption Commission Act 2011.
2 Authorising provisions
These Regulations are made under sections 110, 111 and 112 of the Independent Broad-based Anti-corruption Commission Act 2011 and all other enabling powers.
3 Commencement
(1) These Regulations (except regulation 46) come into operation on 10 February 2013.
(2) Regulation 46 comes into operation on the day on which Part 8 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.
4 Definitions
In these Regulations—
sample direction means a direction given under section 91 of the Act to an IBAC Officer to provide a sample of breath or urine or allow a registered medical practitioner or approved health professional to take from the officer a sample of the officer's blood for the purposes of Division 1 of Part 7 of the Act;
the Act means the Independent Broad-based Anti-corruption Commission Act 2011.
6 Courses of training in the use of defensive equipment
(1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of defensive equipment is a course of training approved by the IBAC that is conducted by—
(a) the Australian Federal Police; or
(b) a police force or police service (however described) of a State or Territory other than Victoria.
(2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use defensive equipment when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.
7 Courses of training in the use of firearms
(1) For the purposes of Part 5 of the Act, the prescribed course of training in the use of firearms is a course of training approved by the IBAC that is conducted by—
(a) the Australian Federal Police; or
(b) a police force or police service (however described) of a State or Territory other than Victoria.
(2) The IBAC must not approve a course under subregulation (1) unless it is satisfied that the course is sufficient to enable a senior IBAC Officer to effectively and safely use firearms when performing the functions and exercising the powers of the IBAC or an authorised officer in relation to investigations.
(1) For the purposes of section 82ZH of the Act, the prescribed scale is the scale set out in this Division.
(2) An amount under this scale must not be paid to—
(a) a person whose conduct is being investigated by the IBAC or, in the case of a body corporate, its representative; or
(b) a prisoner of the Crown.
9 Attendance allowance for expert witnesses
A witness who is called to appear in an examination in a professional or expert capacity is entitled to reimbursement of the amount of income actually lost in attending the examination up to $300 per hour, but not exceeding $1500 per day.
10 Attendance and general allowances for other witnesses
(1) This regulation applies to a witness who is called to appear in an examination other than in a professional or expert capacity.
(2) A witness who is engaged in an income-producing occupation and loses income because of his or her attendance at an examination is entitled to reimbursement of the amount of income actually lost up to $100 per hour, but not exceeding $600 per day.
(3) A witness who is not engaged in an income-producing occupation but who necessarily incurs expenditure (other than childcare expenses)
because of his or her attendance at the examination that is not provided for in regulation 11 is entitled to reimbursement of the amount of the actual expenditure incurred, up to a maximum of $50 for each day.
(4) If a witness incurs childcare expenses because of his or her attendance at an examination, the witness is entitled to reimbursement of those reasonable childcare expenses.
11 Meals and accommodation
(1) A witness who is called to appear in an examination and who is necessarily absent from his or her home by reason of the attendance at the examination is entitled to be paid the following allowances for meals during his or her absence—
(a) if the witness is absent from his or her home overnight—
Capital City Any other location
Breakfast $17.70 $15.75
Lunch $19.75 $18.05
Dinner $34.05 $31.15
Total $71.50 $64.95 ;
(b) if the witness is absent for a part of a day only, departing and returning the same day—
(2) Despite subregulation (1), a witness is only entitled to be paid an allowance—
(a) for breakfast, if he or she is absent from his or her home by reason of attendance at the examination between 7.00 a.m. and 9.30 a.m.;
(b) for lunch, if he or she is absent from his or her home by reason of attendance at the examination between 12.00 p.m. and 3.00 p.m.;
(c) for dinner, if he or she is absent from his or her home by reason of attendance at the examination between 6.00 p.m. and 8.00 p.m.
(3) A witness who is called to appear in an examination and who is necessarily absent from his or her home overnight because of his or her attendance at the examination is entitled to a reimbursement of the cost incurred by him or her of alternative accommodation, up to a maximum of $150 for each night of his or her absence.
12 Travelling expenses
(1) Subject to subregulation (2), a witness who is called to appear in an examination is entitled to be paid an allowance in respect of the expense of travelling to and from the examination equal to the cost of the most economical form of transport having regard to—
(2) If the witness uses his or her own vehicle, he or she is entitled to an allowance of 18 cents for each kilometre travelled to or from the examination.
13 Evidence of expenses
The IBAC must not approve the payment of an amount to a witness under this Division unless the witness produces to the satisfaction of the IBAC evidence—
(a) in the case of regulations 9 or 10(2), that as a result of attending the examination the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income-producing occupation;
(b) in the case of regulations 10(3) or (4) or 11(3), of the expenditure or cost incurred by the witness;
(c) in the case of regulation 11(1), that the witness was absent from his or her home by reason of attendance at an examination at the relevant times;
(d) in the case of regulation 12, of the cost of the most economical form of transport.
Division 2—Provision of legal assistance
14 Provision of legal assistance to witnesses
For the purposes of section 82ZI of the Act, the prescribed person is the Secretary to the Department of Justice.
15 Direction to provide a sample of breath or urine or allow a sample of blood to be taken
(1) Subject to subregulation (2), a sample direction must state—
(a) the reason why the IBAC gives the sample direction, specifying whether the IBAC believes that the IBAC Officer—
(i) has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing his or her duties; or
(ii) has been involved in a critical incident; or
(iii) should be tested for alcohol or a drug of dependence in order for the IBAC
to manage the IBAC Officer's performance of his or her duties or exercise of his or her powers; or
(iv) should be tested for alcohol or a drug of dependence in order for the IBAC to conduct a disciplinary process against the IBAC Officer; and
(b) the type of sample (being breath, urine or blood) that the IBAC Officer is required to provide; and
(c) that, if a sample is not provided because the IBAC Officer is unconscious or otherwise unable to comply with the sample direction and the IBAC reasonably believes the IBAC Officer was involved in a critical incident, a
registered medical practitioner may be directed to take a sample of the IBAC Officer's blood; and
(d) that the IBAC Officer is required to remain at or attend specified premises for the sample to be taken; and
(e) that the IBAC Officer must not consume alcohol or drugs before the sample is taken; and
(f) that the sample of breath, urine or blood may be affected by prescription medication taken by the IBAC Officer and that the IBAC Officer should notify the person taking the sample of any prescription medication the IBAC Officer takes; and
(g) that failure by the IBAC Officer to comply with the sample direction may constitute grounds for disciplinary action against the IBAC Officer; and
(h) that the test results are to be given to the IBAC and will otherwise remain confidential, other than any disclosures authorised by the Act.
(2) If the IBAC is of the opinion that a delay would be necessary in order to comply with subregulation (1) and that the delay may materially affect the accuracy of the test, the IBAC may give the IBAC Officer a sample direction that specifies—
(a) the name of the IBAC Officer to whom the sample direction is given; and
(b) the name of the IBAC Officer giving the sample direction; and
(c) the type of sample (being breath, urine or blood) that the IBAC Officer to whom the sample direction is given is required to provide.
(3) If a sample direction is given to an IBAC Officer under subregulation (2), the IBAC must give that IBAC Officer a notice in writing containing the information prescribed in subregulation (1) as soon as practicable after giving the sample direction.
16 Blood and urine samples—general
(1) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must be conducted—
(a) in a respectful manner; and
(b) in circumstances affording reasonable privacy to the IBAC Officer.
(2) The taking of a blood sample or the collection of a urine sample from an IBAC Officer must not—
(a) occur in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample; and
(b) require—
(i) the removal of more clothing than is necessary for the sample to be taken; and
(ii) more visual inspection of the IBAC Officer than is necessary for the sample to be taken.
(3) A blood sample must not be taken from an IBAC Officer who has been involved in a critical incident if either of the following registered medical practitioners is of the opinion that the
(a) must not require an IBAC Officer to provide a breath sample for analysis until the person is satisfied that the officer has not consumed any alcohol for a period of at least 15 minutes before the analysis; and
(b) must provide a fresh mouthpiece for use by the officer that, until required for taking the breath sample, has been kept in a sealed container.
(2) An IBAC Officer who is directed to provide a sample of his or her breath must do so by exhaling continuously into the breath analysing device to the satisfaction of the person operating that device.
19 Certificate of breath analysis
After taking a sample of an IBAC Officer's breath, the person operating a breath analysing device must complete and give to the IBAC a certificate that includes the following particulars—
(a) the concentration of alcohol indicated by the breath analysing device to be present in the IBAC Officer's breath;
(b) the serial number of the breath analysing device;
(c) the sample number;
(d) the location of the test;
(e) the name of the IBAC Officer whose breath was tested;
(f) the name of the person operating the breath analysing device;
(g) the results of the self test conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;
(h) the results of zero tests conducted by the breath analysing device before and after the IBAC Officer's breath was analysed;
(i) the date and time that the IBAC Officer's breath was analysed.
Division 3—Taking of blood samples
20 Direction to take blood sample
A direction under section 93 of the Act from the IBAC to a registered medical practitioner to take a sample of blood from an IBAC Officer must include—
(a) the name of the IBAC Officer from whom the sample of blood is to be taken; and
(b) the name and signature of the IBAC Officer giving the direction; and
If a blood sample is taken by a registered medical practitioner for the purposes of this Part, the site of the puncture must be cleansed with a swab taken from a container which—
(a) appears to be sealed against contamination; and
(b) bears a label stating that the container holds an aqueous solution of chlorhexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.
22 Procedure after blood sample taken
A registered medical practitioner who takes a blood sample must ensure that—
(a) the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and
(b) each container is vacuum sealed or sealed with a septum seal; and
(c) each container in which the sample is placed bears a label stating—
(i) that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and
(ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and
(d) each container has attached to it a label bearing—
(i) the signature of the registered medical practitioner; and
(ii) the date and the time the blood sample was taken; and
(iii) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken; and
(iv) if known, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and
(e) the 2 containers are transported to a laboratory or drug testing service for analysis.
23 Certificate of taking blood sample
A registered medical practitioner who takes a blood sample from an IBAC Officer must complete and give to the IBAC Officer a certificate that includes the following particulars—
(a) the registered medical practitioner's full name; and
(b) that the registered medical practitioner was the registered medical practitioner who took the blood sample from the officer; and
(c) the date and time that the blood sample was taken; and
(d) that a sufficient blood sample was taken to enable testing for the presence of alcohol or a drug of dependence; and
(e) if known, the laboratory or drug testing service where the blood sample will be sent for testing and the identification number or
(b) each container is fitted with a tamper-proof locking seal; and
(c) each container has attached to it a label that bears—
(i) the signature of the person who collected the urine sample; and
(ii) the date and the time the urine sample was collected; and
(iii) the name of the person from whom the urine sample was collected or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was collected; and
(iv) if possible, the identification number or code enabling the sample to be identified by the laboratory or drug testing service; and
(d) the 2 containers are transported to a laboratory or drug testing service for analysis.
27 Certificate of collecting of urine sample
A person who collects a urine sample from an IBAC Officer must complete and give to the officer a certificate containing the following particulars—
(a) the full name of the person authorised under regulation 24 to collect a urine sample; and
(b) that the person was the person who collected the urine sample from the IBAC Officer; and
(c) the date and time that the urine sample was collected; and
(d) that a sufficient urine sample was collected to enable testing for the presence of alcohol or a drug of dependence; and
(e) if known, the laboratory or drug testing service where the urine sample will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service.
Division 5—Analysis of blood sample or urine sample
28 Analysis of blood samples or urine samples
A laboratory or drug testing service that receives a container with a blood sample or urine sample taken or collected for the purposes of this Part must—
(a) analyse the blood sample or urine sample for the presence of alcohol or a drug of dependence; and
(b) provide a report on the analysis of that sample to the IBAC.
29 Certificate of analysis of sample of urine or blood
(1) As soon as practicable after a laboratory or drug testing service has analysed a blood sample or urine sample of an IBAC Officer under regulation 28, the laboratory or drug testing service must give a certificate to the IBAC.
(2) The certificate must state—
(a) the full name of the IBAC Officer from whom the sample was taken; and
(b) the date on which the sample was received by the laboratory or drug testing service for analysis; and
(c) with respect to each container holding a sample of the IBAC Officer's urine or blood—
(i) that the container was received at the laboratory or drug testing service; and
(ii) whether the container was sealed and labelled in accordance with regulation 22 or 26, as the case may be; and
(iii) whether the seal of the container was broken or unbroken; and
(d) the approved laboratory identification number of the sample; and
(e) the date that the analysis was conducted; and
(f) the results of the analysis of the sample; and
(g) the signature and name of the person who conducted the analysis; and
(h) any factors which may have affected the results of the analysis.
(3) The IBAC must provide a copy of the certificate to the IBAC Officer from whom the blood sample or urine sample was taken or collected as soon as practicable.
30 IBAC Officer may request independent analysis of a blood sample or urine sample
(1) A laboratory or drug testing service that receives 2 containers must—
(a) store the second container for a period of not less than 12 months; and
(b) if requested under subregulation (2), send that container for analysis to the registered medical practitioner, laboratory or drug testing service nominated by the IBAC
Officer from whom the sample was taken or collected.
(2) An IBAC Officer from whom a blood sample or urine sample has been taken or collected may request that the sample in the second container be sent to a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer.
(3) A request must be made by the IBAC Officer within 12 months after the taking of the sample.
(4) Any analysis undertaken by a registered medical practitioner, laboratory or drug testing service nominated by the IBAC Officer is at the officer's own expense.
(5) Regulations 28 and 29 do not apply to an analysis conducted under this regulation.
Division 6—Handling of information and confidentiality
31 Confidentiality of test results
(1) The following records must be kept in a secure location—
(a) all records that relate to or include a sample direction or a direction given to a registered medical practitioner under regulation 20;
(b) all records that relate to or include any samples of blood or urine taken for testing for the presence of alcohol or drugs as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20;
(c) all records that relate to or include the result of any testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a
registered medical practitioner under regulation 20.
(2) A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 20 unless—
(a) that information is already publicly known; or
(b) disclosure of that information is required or authorised under Division 1 of Part 7 of the Act; or
(c) disclosure of that information is necessary for the investigation of any offence; or
(d) the IBAC Officer consents; or
(e) the disclosure of information is for the management, supervision and support of the IBAC Officer in the workplace; or
(f) the disclosure of information is necessary to enable the IBAC to determine whether to take disciplinary action against the IBAC Officer and for the purpose of determining the outcome of any disciplinary action; or
(g) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that could be used to identify the IBAC Officer who provided the sample.
The prescribed form of a confidentiality notice is Form 1 in the Schedule.
33 Authorisation to apply for a search warrant
The prescribed form of an authorisation to apply for a search warrant is Form 2 in the Schedule.
34 Search warrant
The prescribed form of a search warrant is Form 3 in the Schedule.
35 Receipt for documents or things seized
The prescribed form of a receipt for documents or things seized under a search warrant is Form 4 in the Schedule.
36 Witness summons
The prescribed form of a witness summons is Form 5 in the Schedule.
37 Direction about a witness already held in custody
For the purposes of section 82L(2)(a) of the Act, the prescribed form of a direction as to a witness already held in custody is Form 6 in the Schedule.
38 Notice of application to determine privilege
The prescribed form of a notice of an application to determine a claim of privilege or the application of a secrecy requirement is Form 7 in the Schedule.
39 Arrest warrant
The prescribed form of an arrest warrant for the purposes of section 82ZK of the Act is Form 8 in the Schedule.
40 Statement about right to apply for discharge from custody
For the purposes of section 82ZM(1)(a)(ii) of the Act, the prescribed form of a statement about applying to a bail justice for discharge from custody is Form 9 in the Schedule.
For the purpose of section 82I(2) of the Act, the following constitutes proof of age—
(a) an Australian birth certificate or certified birth extract;
(b) an Australian passport;
(c) a passport issued by another country;
(d) any other document or evidence that satisfies the IBAC about a person's age.
42 Additional actions before the questioning of a witness or requiring the production of documents
For the purposes of section 82P(1)(e) of the Act, the IBAC must take the following actions before a witness is asked any questions or required to produce a document or thing—
(a) if the IBAC administers an oath or affirmation to a witness under section 82Q of the Act and the witness is using an interpreter, the IBAC must administer an oath or affirmation to the interpreter in accordance with section 22(2) of the Evidence Act 2008; and
(b) if the witness is required to be accompanied by a parent, guardian or an independent person, inform that parent, guardian or independent person of the witness' rights and obligations as specified in section 82G(4) of the Act.
43 Prescribed persons for referral of complaints or notifications for investigation
For the purposes of section 49C(2)(g) of the Act, an inspector of municipal administration appointed under section 223A of the Local Government Act 1989 is a prescribed person.
44 Courses of training in the use of defensive equipment
For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use defensive equipment immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 102(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.
45 Courses of training in the use of firearms
For the purposes of Part 5 of the Act, if an IBAC Officer was a member of staff of the Office of Police Integrity authorised to use firearms immediately before the commencement of section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, an appropriate course of training within the meaning of section 103(2A) of the Police Integrity Act 2008 as in force immediately before its repeal is taken to be a prescribed course of training.
46 Renumbering
In these Regulations—
(a) in regulation 1(c), for "Part 7" substitute "Part 9";
(b) in regulation 2, for "sections 110, 111 and 112" substitute "sections 195, 196 and 197";
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE IS AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 33C of the Independent Broad-based Anti-corruption Commission Act 2011 in respect of the following restricted matters:
[specify restricted matter or matters]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed 'When are you authorised to disclose information?'.
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under Part 7 of the Protected Disclosure Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
You have been given this confidentiality notice because the Independent Broad-based Anti-corruption Commission ("IBAC") considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
an IBAC investigation; or
the safety or reputation of a person; or
the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Disclosure to spouse, domestic partner and employer or manager
If one of the restricted matters specified above is that you have been, or are about to be, summoned by the IBAC to be examined or produce documents or things, you:
* may disclose this fact to your spouse or domestic partner, and to your employer or manager for the purpose of arranging leave from work.
* may only disclose this fact to your spouse or domestic partner, and to your employer or manager for the purpose of arranging leave from work, subject to the following limitations:
[set out limitations on the right to disclosure]
These limitations have been imposed because the IBAC considers that disclosure to your spouse, domestic partner, employer or manager would be likely to prejudice an investigation, the safety of a person or the fair trial of a person.
* must not disclose this fact to your spouse, domestic partner, employer or manager because the IBAC considers that disclosure to your spouse, domestic partner, employer or manager would be likely to prejudice an investigation, the safety of a person or the fair trial of a person.
Other permitted disclosures
You are also permitted to disclose a restricted matter in the following circumstances—
if the IBAC directs you or authorises you to disclose a restricted matter;
to another person if this is necessary for you to obtain information, documents or another thing you need to comply with this confidentiality notice or a witness summons, including:
to an interpreter if you do not know enough English to understand the nature of the witness summons or this confidentiality notice;
to a parent, guardian or independent person if you are under 18;
to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons or confidentiality notice;
to a legal practitioner for the purpose of obtaining legal representation or legal advice about this notice, a witness summons and your rights, liabilities, obligations and privileges under the Independent Broad-based Anti-corruption Commission Act 2011 or the Protected Disclosure Act 2012, unless the IBAC has restricted you from being represented by or obtaining advice from that legal practitioner;
if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
the disclosure is authorised or required by another Act;
to the Victorian Inspectorate if you are making a complaint about the IBAC or an IBAC Officer;
to the Victorian Inspectorate if you have been served with a witness summons under the Victorian Inspectorate Act 2011;
if the information has been included by the IBAC in a report or has otherwise been made public in accordance with the Act.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless:
the information has been made public by the IBAC; or
you are complying with a summons served by the Victorian Inspectorate; or
you are making a complaint to the Victorian Inspectorate about the IBAC or an IBAC Officer.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure. If you do not do so without a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
This confidentiality notice expires on the date when the first of the following events occurs:
the IBAC cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
the IBAC cancels this confidentiality notice and issues you with a new one because it believes that it is no longer necessary to restrict disclosure of one or more restricted matters in this notice;
the IBAC cancels this confidentiality notice because it believes that it is no longer necessary to restrict disclosure of any restricted matters in this notice;
unless the Supreme Court has ordered the extension of this confidentiality notice, 5 years after the first confidentiality notice about the current investigation was issued;
if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner, unless the IBAC has restricted you from being represented by or taking advice from a specified legal practitioner.
[attach a copy of the applicable sections of the Independent Broad-based Anti-corruption Commission Act 2011]
To: [insert name of person to whom witness summons is directed]
Address: [insert address]
THIS WITNESS SUMMONS IS IMPORTANT. PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY
APPLY.
*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING
THIS WITNESS SUMMONS WITH ANYONE.
* You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.
The Independent Broad-based Anti-corruption Commission requires you to attend an examination.
When is the examination?
You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m. and from day to day unless excused or released from further attendance.
What will the examination cover?
You will be required:
* to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest];
* to produce for examination by the IBAC the following documents or things that are in your possession or control:
* to give evidence before the IBAC *in relation to [state nature of the matters about which the witness is to be questioned, except to the extent that the IBAC considers that this disclosure would prejudice the conduct of the investigation or be contrary to the public interest] and to produce for examination by the IBAC the following documents or things that are in your possession or control:
[specify documents or things]
[name]
[title]
Date: [insert date]
[attach statement outlining specified matters with respect to the witness summons]
TO: [insert name of person in charge of place where witness is held in custody]
AT: [insert name and address of place where person is held in custody]
In accordance with section 82L of the Independent Broad-based Anti-corruption Commission Act 2011 ("the Act"), I direct that [name of person in custody] born on [insert date of birth of person held in custody] who is detained at [insert name of place where person is held in custody] be delivered into the custody of [insert name of person to whom the person in custody is to be delivered] to be brought before the Independent Broad-based Anti-corruption Commission
AT: [insert address to which person in custody is to be brought]
ON: [insert date on which person in custody is to be brought]
AT: [insert time when person in custody is to be brought]
to *provide information/*produce a document or thing/*give evidence as required by the witness summons issued for the purposes of an investigation under Part 3 of the Act and directed to the person who is the subject of this direction.
Note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, this direction is of no effect and the person is not required to attend the Independent Broad-based Anti-corruption Commission.
NOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE OR THE APPLICATION OF A SECRECY
REQUIREMENT
To: [insert name of person who has made claim for privilege]
Address: [insert address details]
You are notified that the Independent Broad-based Anti-corruption Commission has applied to the Supreme Court under section 82ZE of the Independent Broad-based Anti-corruption Commission Act 2011 for a determination of your claim of:
* privilege
* the application of a secrecy requirement
with respect to [insert details of the claim of privilege or the application of a secrecy requirement being made].
TO: [insert name of member of police force, or all members of the police force]
The Independent Broad-based Anti-corruption Commission has issued a certificate of charge charging [name] of [address] with contempt of the Independent Broad-based Anti-corruption Commission under the Independent Broad-based Anti-corruption Commission Act 2011.
You are authorised by the Independent Broad-based Anti-corruption Commission to:
arrest [name] of [address]; and
bring him or her before the Supreme Court without delay to be dealt with according to law; and
detain him or her in police custody in the meantime.
STATEMENT OF YOUR RIGHT TO APPLY FOR DISCHARGE FROM CUSTODY
You have been arrested for contempt of the Independent Broad-based Anti-corruption Commission.
Because it is not practicable to bring you before the Supreme Court without delay, you are entitled to apply to a bail justice for discharge from custody on bail.
If you want to apply for discharge from custody, you must advise the person in charge of the place where you are being detained.
If you do apply for discharge from custody, the person in charge of the place where you are being detained must ensure you are brought before a bail justice as soon as practicable.
The bail justice may order that you be discharged from custody in accordance with the Bail Act 1977. The person in charge of the place where you are being detained must abide by that order.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
