Section 61TE - Notification of corrupt conduct
Extract of legislation
| 61TE | Notification of corrupt conduct | |
| If, at any time before, during or after an investigation of a public interest complaint, the Information Commissioner believes that the conduct that is the subject of the complaint appears to involve corrupt conduct, the Information Commissioner must— | ||
| (a) | notify the IBAC of that belief; and | |
| (b) | if the investigation of the public interest complaint has not been completed— suspend the investigation pending a response from the IBAC to the notification. | |
Public interest disclosures include conduct or action that shows or tends to show improper conduct or detrimental action. Improper conduct includes corrupt conduct, criminal offences, and other conduct outlined in the Public Interest Disclosures Act 2012 (Vic).4
The Office of the Victorian Information Commissioner (OVIC) must notify the Independent Broad-based Anti-corruption Commission (IBAC) if OVIC believes the conduct being complained of in a public interest complaint that has been referred to it appears to involve corrupt conduct.5
OVIC must suspend a current investigation (if the investigation is still ongoing) until it receives a response from IBAC.6 OVIC must give IBAC an opportunity to investigate a public interest complaint, if OVIC thinks the complaint involves corrupt conduct.
What is corrupt conduct?
Corruption is the misuse of public power, position, or funds. It can happen through improper or unlawful actions, failure to act by public sector staff or agencies, or people trying to improperly influence the functions or decisions of the public sector.8
The Independent Broad-based Anti-corruption Commission Act 2011 (Vic) defines ‘corrupt conduct’ in section 4. It includes conduct such as dishonest performance of a public officer’s functions and misusing information or material acquired through performing a public officer’s functions.
For more information on what corruption means, visit IBAC’s website
- Public Interest Disclosures Act 2012 (Vic), section 4.
- Freedom of Information Act 1982 (Vic), section 61TE(a).
- Freedom of Information Act 1982 (Vic), section 61TE(b).
- Public Interest Disclosures Act 2012 (Vic), section 4.
- Freedom of Information Act 1982 (Vic), section 61TE(a).
- Freedom of Information Act 1982 (Vic), section 61TE(b).
- Independent Broad-based Anti-corruption Commission, ‘What is corruption?’.
- Independent Broad-based Anti-corruption Commission, ‘What is corruption?’.
