IBAC's primary statutory function is to expose and prevent serious and systemic corrupt conduct and police personnel misconduct. Witnesses, persons of interest and other persons subject to the exercise of IBAC's duties, functions and powers may experience a level of stress, discomfort or emotional turmoil. This policy operates to ensure that risks to the psychological wellbeing of individuals are, so far as reasonably practicable, eliminated, reduced or managed, having regard to IBAC's purpose and function, and in accordance with relevant legislation.
The Independent Broad-based Anti-corruption Commission Act 2011 (Vic) (IBAC Act) contains specific obligations and requirements relating to the safety and wellbeing of others. In exercising certain powers under the IBAC Act, IBAC Officers are required to have regard to whether undertaking such activities would cause unreasonable damage to a person's reputation, safety and wellbeing. The IBAC Act contains additional protections for witnesses with a mental, physical or other impairment.
The Occupational Health and Safety Act 2002 (Vic) (OHS Act) and Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) impose additional obligations upon IBAC.
The OHS Act (s23) imposes upon IBAC, as an employer, a duty to ensure, as far as is reasonably practicable, that persons other than employees are not exposed to risks to their health and safety because of IBAC's conduct. IBAC is required to eliminate or reduce risks to health and safety, to the extent that is reasonably possible.
The Charter requires IBAC Officers to act compatibly with, and to give proper consideration to, human rights when making a decision. The Charter recognises that legislation, such as the IBAC Act, may mean IBAC is required to act in a way, or make a decision that limits a human right.
Consideration should also be given to the Public Interest Disclosures Act 2012 (Vic) (PID Act) and IBAC’s Guidelines for Public Interest Disclosure Welfare Management to the extent that there are concerns about the psychological wellbeing of a PID complainant (PID Act, s54).
The Privacy and Data Protection Act 2014 (Vic) governs the collection, use and disclosure of individuals’ personal information. However, disclosure of personal information is permitted in certain circumstances, for example, where there is a reasonable belief that there is a serious threat to a person’s life, health, safety or welfare (Information Privacy Principle 2.1).