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 Public Interest Disclosures Act 2012 describes our central role in deciding which complaints are treated as public interest 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.