Function of the Committee

The IBAC Committee is constituted under section 12A of the Parliamentary Committees Act 2003.

1. The functions of the Committee are—

  1. to monitor and review the performance of the duties and functions of the IBAC;
  2. to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the IBAC that require the attention of the Parliament;
  3. to examine any reports made by the IBAC;
  4. to consider any proposed appointment of a Commissioner and to exercise a power of veto in accordance with the Independent Broad-based Anti-corruption Commission Act 2011;
  5. to carry out any other function conferred on the IBAC Committee by or under this Act or the Independent Broad-based Anti-corruption Commission Act 2011;
  6. to monitor and review the performance of the duties and functions of the Victorian Inspectorate, other than those in respect of VAGO officers or Ombudsman officers;
  7. to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Victorian Inspectorate that require the attention of the Parliament, other than those in respect of VAGO officers or Ombudsman officers;
  8. to examine any reports made by the Victorian Inspectorate, other than reports in respect of VAGO officers or Ombudsman officers;
  9. to consider any proposed appointment of an Inspector and to exercise a power of veto in accordance with the Victorian Inspectorate Act 2011.

 

1A. Despite anything to the contrary in subsection (1), the IBAC Committee cannot—

  1. investigate a matter relating to the particular conduct the subject of—
    1. a particular complaint or notification made to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
    2. a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012, to be a protected disclosure complaint;
  2. review any decision by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 to investigate, not to investigate or to discontinue the investigation of a particular complaint or notification or a protected disclosure complaint within the meaning of that Act;
  3. review any findings, recommendations, determinations or other decisions of the IBAC in relation to—
    1. a particular complaint or notification made to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
    2. a particular disclosure determined by the IBAC under section 26 of the Protected Disclosure Act 2012, to be a protected disclosure complaint; or
    3. a particular investigation conducted by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011;

  ca. review any determination by the IBAC under section 26(3) of the Protected Disclosure Act 2012;

  1. disclose any information relating to the performance of a function or the exercise of a power by the IBAC which may—
    1. prejudice any criminal investigation or criminal proceedings; or
    2. prejudice any investigation being conducted by the IBAC; or
    3. contravene any secrecy or confidentiality provision in any relevant Act.

 

2. Despite anything to the contrary in subsection (1), the IBAC Committee cannot—

  1. investigate a matter relating to particular conduct the subject of any report made by the Victorian Inspectorate;
  2. review any decision to investigate, not to investigate, or to discontinue the investigation of a particular complaint made to the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011;
  3. review any findings, recommendations, determinations or other decisions of the Victorian Inspectorate in relation to a particular complaint made to, or investigation conducted by, the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011;
  4. disclose any information relating to the performance of a function or exercise of a power by the Victorian Inspectorate which may —
    1. prejudice any criminal investigation or criminal proceedings; or
    2. prejudice an investigation being conducted by the IBAC; or
    3. contravene any secrecy or confidentiality provision in any relevant Act.