Confidential Complaints under the Protected Disclosures Act 2012

As of 11 February 2013, the Whistleblowers Protection Act 2001 was replaced by the Protected Disclosure Act 2012.

VAGO can no longer receive protected disclosures of any kind – if you are seeking protections under this legislation, refer below for bodies that can receive protected disclosures.

The principal objective of the legislation is to encourage and facilitate the making of disclosures of improper conduct by public officers or public bodies. The new legislation is designed to continue to provide protection to persons who make disclosures and establishes a system for the investigation of disclosed matters.

VAGO is establishing procedures for the handling of protected disclosures.

Protected disclosures about the conduct of VAGO officers

VAGO can no longer receive complaints about our officers under the Protected Disclosures Act 2012 (previously the Whistleblowers Protection Act

Disclosures about VAGO officers may now be made to

Protected disclosures about other public sector officers

Under the Protected Disclosure Act 2012 disclosures relating to the following public officers or public bodies must be made to the Independent Broad-based Anti-corruption Commission (IBAC):

  • the Chief Commissioner of Police
  • the Director of Public Prosecutions
  • the Chief Crown Prosecutor
  • the Solicitor General
  • the Governor
  • Lieutenant-Governor or Administrator
  • Electoral Commissioner
  • Persons issued or appointed to Boards of Inquiry or Commissions of Inquiry
  • Judicial officers
  • Members of the Victorian Civil and Administrative Tribunal who are not judicial officers
  • Judicial employees
  • Ministerial officers
  • Parliamentary advisers
  • Parliamentary officers

Disclosures must be made to IBAC or the Victorian Inspectorate relating to:

  • the Chief Examiner or an Examiner appointed under the Major Crimes (Investigative Powers) Act 2004
  • an Ombudsman officer
  • a VAGO officer

Disclosures must be made to IBAC or the Ombudsman relating to:

  • a Councillor
  • the Freedom of Information Commissioner
  • the Privacy Commissioner
  • the Health Services Commissioner
  • the Commissioner for Law Enforcement Data Security

Disclosures must be made to the Victorian Inspectorate relating to:

  • IBAC or
  • IBAC officers

Disclosures relating to police personnel (other than the Chief Commissioner of Police) must be made to a prescribed member of police personnel or IBAC.

Disclosures relating to members of Parliament or Ministers of the Crown must be made to:

(a)  the Speaker of the Legislative Assembly, where the disclosure relates to a member of the Legislative Assembly.

(b)  the President of the Legislative Council , where the disclosure relates to a member of the Legislative Council.

(c)  IBAC, where the Minister of the Crown is not a member of Parliament.

All other disclosures may be made to IBAC or to the public body that employs the subject of the disclosure.

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Last updated on 3/02/2016