Coercive powers
Coercive powers are powers used to compel persons to answer questions or produce documents or things, or to keep specific matters confidential. They include:
- issuing a summons or notice to a person requiring them to give evidence or to produce documents or things
- issuing a confidentiality notice prohibiting a person from disclosing information about a matter being investigated, or that a summons or notice was issued
- compulsorily examining or questioning a person.
Coercive powers notification
When an integrity body that we oversee uses coercive powers they must give us certain information to enable us to assess how they used the powers. This is called a coercive powers notification.
Complaint
A complaint is made when a person contacts Integrity Oversight Victoria about an issue that is within our jurisdiction and the supporting information they provide makes clear their intention is to make a complaint.
A complaint may be defined as low, medium or high complexity. Low complexity complaints require limited interaction with the complainant and/or integrity body and limited document analysis. Medium complexity complaints are difficult to assess, requiring significant interaction with the complainant and/or integrity body. They may may also raise legal issues. High complexity complaints require extensive interaction with the complainant and/or integrity body. They may require extensive document review and/or analysis and raise complex legal issues.
Confidentiality notice
A confidentiality notice is a legal document given by an integrity body to a person that prevents certain information from being shared with third parties. This power is exercised to protect the integrity of an investigation, the safety or reputation of a person, or the fair trial of a person who has been, or may be, charged with an offence. Exceptions are provided for the recipient to share the information with certain persons, such as a spouse or domestic partner, a registered health practitioner and permitted support services.
Controlled operation
A controlled operation is a covert investigation method used by law enforcement bodies. It authorises law enforcement officers (and sometimes civilians) to engage in conduct or activities that could be offences. This provides them protection while they investigate certain criminal offences. Without the protection of an authority, participants in the controlled operation could be criminally responsible and civilly liable for any offences committed.
Enquiry
An enquiry is made when a person contacts Integrity Oversight Victoria, typically by phone or email about:
- the complaints we can receive or our role in Victoria’s integrity system
- a concern they have relating to an organisation that is not within our complaint handling jurisdiction
- a concern they have about an integrity body within our complaints handling jurisdiction that does not meet the threshold of a complaint or public interest disclosure.
Examination
An examination takes place after a person is served a summons requiring them to give evidence, with or without the requirement to produce documents or things. Examinations are conducted on oath or affirmation and the confidentiality of the evidence provided may be protected by a confidentiality notice, and other confidentiality obligations.
An examination is often more tightly regulated and has a higher level of formality than a compulsory interview or interview conducted voluntarily. Examinations are also overseen by an Examiner, usually the Chief Integrity Inspector, with counsel assisting to ask questions.
Inspection
As part of our oversight functions, and in accordance with legislative requirements, we conduct physical inspections of records and documents associated with the use of covert, intrusive and extraordinary investigatory powers including the use of surveillance devices, the conduct of controlled operations, telecommunications interceptions and the exercise of police counter-terrorism powers.
From time-to-time, we may also conduct ‘irregular inspections’ of an agency’s records in response to a compliance concern connected to the use of a covert power.
Inquiry
Integrity Oversight Victoria may conduct an inquiry into a matter arising from an investigation. Inquiries empower us to examine witnesses and compel the production of information under legislation. As part of an inquiry, we may issue summonses to produce documents or things, hold private examinations, and/or enter and search agency premises.
Integrity response
Integrity Oversight Victoria provides independent assurance to parliament and the people of Victoria by providing appropriate responses to non-compliance and other issues. We call these integrity responses.
Integrity responses can range from taking no further action, providing informal feedback, writing letters and providing guidance to making formal recommendations and issuing reports. We may also decide to initiate further oversight projects or programs.
Interview
An interview takes place when a person is asked, or required, to answer questions relevant to an investigation. An interview by Integrity Oversight Victoria or another body may be held in person or remotely. A person may be invited to take part in an interview without summons or legal requirement to attend. This is a voluntary interview.
A compulsory interview is an interview where a witness is required by Integrity Oversight Victoria or another body to present for interview. While formal, a compulsory interview is not as formal or tightly regulated as an examination. Each body's powers determine whether they can hold compulsory interviews and/or examinations.
Investigation
Integrity Oversight Victoria can investigate a complaint, including a public interest complaint, and can also initiate ‘own motion’ investigations.
During an investigation, we may issue confidentiality notices, access agency records, and require agency officers to give information/attend to answer questions and/or produce documents or things.
Monitoring project
A monitoring project is a strategically targeted and finite activity with well-defined objectives, methodology and deliverables. Monitoring projects are a proactive way of monitoring compliance with specific matters within our statutory functions.
Own motion investigation
An own motion investigation is an investigation initiated by Integrity Oversight Victoria, without a complaint having to be made about the specific matter to be investigated.
Preliminary inquiry
Integrity Oversight Victoria may conduct a preliminary inquiry to determine whether to commence an investigation.
Public interest complaint
A public interest complaint is a disclosure made under the Public Interest Disclosures Act 2012 (PID Act) that, according to the decision maker, shows or tends to show, or discloses information that the discloser believes on reasonable grounds shows or tends to show, improper conduct or detrimental action.
Public interest disclosure
A public interest disclosure is information provided about improper conduct or detrimental action in the public sector that meets the threshold in the Public Interest Disclosures Act 2012 (PID Act).
Improper conduct includes corrupt conduct by public officers or public bodies and several other forms of conduct by public officers or public bodies set out in the PID Act. It also includes actions of a person intended to adversely affect the effective or honest performance of a public officer or public body. An example of this includes bribing a public officer so they grant a permit or approval.
Detrimental action includes action taken, or proposed to be taken, against a person in reprisal for that person (or another person):
- intending to make a public interest disclosure
- having made a public interest disclosure or
- having cooperated with the investigation of a public interest disclosure.
In the past, a person who made a public interest disclosure was known as a whistleblower.
Recommendation
When we identify serious issues, we make recommendations that outline the steps we consider a body should take to improve compliance or prevent a recurrence of the issue. Recommendations can be private or public, but if public must be made in a report.
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