Legislation we work under

Legislation we work under

The Independent Broad-based Anti-corruption Commission Act 2011 outlines our functions, powers and how we work with other public sector integrity organisations.

The Protected Disclosure Act 2012 describes our central role in deciding which complaints are treated as protected disclosures.

The Charter of Human Rights and Responsibilities Act 2006 (the Charter) outlines the rights, freedoms and responsibilities of all people in Victoria. There are 20 rights contained in the Charter

IBAC has two main obligations in relation to the Charter:

  1. Under the Charter Act (section 38), as a Victorian public authority IBAC must act compatibly with the Charter rights and give proper consideration to those rights when making decisions. In some circumstances, IBAC may lawfully act in a way that limits an individual’s rights.
  2. Under the IBAC Act (section 15), IBAC is required to ensure that Victoria Police officers and protective services officers have regard to the human rights set out in the Charter.

In relation to ensuring Victoria Police officers and protective services officers have regard to human rights, IBAC:

  • assesses allegations received for potential breaches of the Charter
  • considers whether police officers and protective services officers have had sufficient regard to the Charter rights where relevant, when conducting investigations, reviews of Victoria Police investigations, and audits of complaints handled by Victoria Police.

View the complete list of Acts and regulatory compliance we work under.

Legislation that ensures our accountability

The Commissioner has been provided with powers and functions to undertake the roles given to IBAC by Parliament. These powers and functions are contained in the following legislation.

Act Independent Broad-based Anti-corruption Commission Act 2011
Responsible Minister Attorney-General
Purpose Establishes IBAC's functions and powers.
Act Victoria Police Act 2013
Responsible Minister Police and Emergency Services
Purpose Provides for the governance and regulation of Victoria Police.
Act Charter of Human Rights and Responsibilities Act 2006
Responsible Minister Attorney-General
Purpose Requires IBAC and IBAC staff to act compatibly with human rights, and to consider human rights when developing policies and making decisions.
Act Confiscation Act 1997
Responsible Minister Attorney-General
Purpose Provides for the confiscation and preservation of assets of accused and proceeds of crime.
Act Crimes (Assumed Identities) Act 2004
Responsible Minister Attorney-General
Purpose Allows IBAC to obtain and use assumed identities.
Act Crimes (Controlled Operations) Act 2004
Responsible Minister Attorney-General
Purpose Enables IBAC to conduct controlled operations.
Act Protected Disclosure Act 2012
Responsible Minister Attorney-General
Purpose Allows IBAC to receive and investigate protected disclosure complaints.
Act Surveillance Devices Act 1999
Responsible Minister Attorney-General
Purpose Allows IBAC to use surveillance devices under warrant.
Act Telecommunications (Interception and Access) Act 1979 (Cth)
Responsible Minister Attorney-General (Cth)
Purpose Allows IBAC to intercept telecommunications and stored communications under warrant.
Act Telecommunications (Interception) (State Provisions) Act 1988
Responsible Minister Attorney-General
Purpose Enables IBAC to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 (Cth).