Victorian Inspectorate Annual Plan 2021-22

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Victorian Inspectorate Annual Plan 2021-22
Victorian Inspectorate
Annual Plan
2021–22
Victorian Inspectorate Annual Plan 2021-22
Contents
1    INSPECTOR’S FOREWORD                                                         3

2    BACKGROUND                                                                   5

     OVERVIEW                                                                     5

     VISION                                                                       5

     ASPIRATIONS                                                                  5

     STRATEGIC PRIORITIES (3 YEARS)                                               5

3    PLANNED BUSINESS ACTIVITIES                                                  6

     OPERATIONAL FUNCTIONS AND PRIORITIES                                         6

     OPERATIONAL FRAMEWORK AND GOVERNANCE                                         9

     CORPORATE / GOVERNANCE PRIORITIES                                          10

4    BUDGET                                                                     12

5    PERFORMANCE MEASURES                                                       13

6    RESOURCE DEPENDENT OPERATIONAL ACTIVITIES                                  14

ATTACHMENT 1 VICTORIAN INSPECTORATE’S KEY FUNCTIONS                             16

ATTACHMENT 2 OPERATIONS MODEL                                                   17

VICTORIAN INSPECTORATE                       2        A N N U A L P L A N 2 0 21– 2 2
1 | Inspector’s Foreword

In 2021–22 the Victorian Inspectorate (VI)             entity as small as the VI of diverting a
will fully realise the benefits from the scaling       considerable portion of the VI’s resources
up in FTE resources achieved in the final              away from the performance of its ordinary
quarter of 2020-21 due to the increased                operational and corporate functions. This
funding received in the State budget                   will undoubtedly impact on the VI’s work
handed down on 24 November 2020.                       program for 2021–22.
As at the time of writing, the increased
FTE funding is only in place until 30 June             This foreword has been written during
2023. This will be a matter for discussion             a time when an increase in COVID-19
early in 2021–22.                                      restrictions is impacting how we work.
                                                       COVID-19 restrictions, on top of the
An independent base review of the VI,                  performance audit and seeking
for which funding was provided in the                  appropriate ongoing funding following
November 2020 budget, is anticipated to                the base review, will no doubt continue
be completed by 30 June 2021. That review              to impact the VI’s performance in the
should place the VI in an informed position            coming year.
going forward to make submissions about
the appropriate level of resourcing required           The VI’s operational functions are large
for the effective and efficient performance            and, seemingly, ever increasing. From
of its functions.                                      1 July 2021 they extend to monitoring
                                                       the exercise of coercive powers by Wage
The VI has been notified by the Integrity              Inspectorate Victoria and investigating and
and Oversight Committee of the Parliament              assessing its conduct, and that of its officers,
(IOC) that an independent performance                  in exercising those powers. In addition,
auditor is proposed to be appointed to                 as a budgetary independent entity since
conduct a performance audit of the VI                  1 July 2020, the VI, despite its small size,
in accordance with s 90D of the Victorian              has the same corporate compliance
Inspectorate Act 2011. The audit is                    obligations as large Victorian
expected to commence in October 2021                   government entities.
and be completed by March 2022.
                                                       The VI has developed a strong and positive
The performance audit will be hot on                   workplace culture in alignment with our
the heels of the independent base review.              values. We will continue to invest in that
While both are valuable exercises, they                culture which helps contribute to the VI’s
have the inevitable consequence in an                  ability to deliver strong integrity outcomes.

VICTORIAN INSPECTORATE                             3                             A N N U A L P L A N 2 0 21– 2 2
In developing this annual plan describing its
proposed work program and priorities (both
operational and corporate) for 2021–22, the
VI has remained conscious of the fact that
it operates in a dynamic environment and
needs to be ready to adapt its plans at any
time to accommodate developments. I am
grateful to the IOC for its helpful comments
on an earlier draft of this plan. Putting
the plan together has been a valuable
exercise. While there seems to be divided
views on who to credit with the quote “If
you fail to plan, you plan to fail”, I regard it
as a truism.

Despite the challenges, I very much look
forward to a year of consolidation and
achievement and a year that, particularly
as a result of the independent base review,
will result in the VI being appropriately
resourced in the years ahead for the
important functions that it has in Victoria’s
integrity system.

Eamonn Moran PSM QC
Inspector

VICTORIAN INSPECTORATE                             4   A N N U A L P L A N 2 0 21– 2 2
2 | Background

OVERVIEW                                            ASPIRATIONS
The VI was established to provide                   Public confidence and trust
oversight of other integrity, accountability        in Victoria’s integrity system
or investigatory bodies and their officers.
                                                    •	The right checks and balances
The VI is the key oversight body in
                                                       are in place
Victoria’s integrity system.
                                                    •	The community knows to come
The VI is committed to providing the                   to the VI to protect their rights
Parliament and the people of Victoria with
                                                    •	Intrusive and coercive powers
independent assurance that these bodies,
                                                       are exercised lawfully
which collectively constitute Victoria’s
‘integrity system’, act lawfully and properly       A robust Victorian integrity
in the performance of their functions.              system
The model of integrity oversight adopted            •	Parliament has confidence in the VI
by the Victorian Parliament is unique in            •	The VI is positively influencing the
Australia in how it vests in a single entity           conduct of integrity bodies
(the VI) the oversight of multiple integrity        •	The public sector is being held to
bodies. This allows the VI to take a                   account
leadership role within the integrity system
and apply learnings from its oversight of           STRATEGIC PRIORITIES (3 YEARS)
any one integrity body across the integrity
                                                    1	Build the capability of the VI to
system, as appropriate.
                                                       proactively manage demand

VISION                                              2	Raise public awareness of the role
                                                       and impact of the VI
•	An integrity system that is robust
                                                    3	Lead a network focused on improving
   and trusted
                                                       agency practice

                                                    The VI’s three-year strategic plan
                                                    commenced 1 January 2019. We are
                                                    completing this journey and will establish
                                                    a new strategic plan during 2021–22.

VICTORIAN INSPECTORATE                          5                            A N N U A L P L A N 2 0 21– 2 2
3 | Planned Business
     Activities

OPERATIONAL FUNCTIONS                                Operational Priority One –
AND PRIORITIES                                       Mandatory functions
The VI has a broad range of legislative              Inspections
functions across 12 integrity, accountability        In accordance with legislative timeframes,
and investigatory bodies, including, from            the VI will inspect records and report
1 July 2021, oversight of the Wage                   to Parliament and relevant Ministers on
Inspectorate Victoria. Our key functions             controlled operations and the use of
table (Attachment 1) details our oversight           surveillance devices by the following bodies:
responsibility for each body.
                                                     •	Independent Broad-based Anti-
Our functions include inspections,                      corruption Commission (IBAC)
public interest disclosures, investigations,         • Victoria Police
complaints and monitoring activities.                • Game Management Authority
Whilst we have discretion in exercising
                                                     • Victorian Fisheries Authority
our monitoring function, the following
                                                     •	Department of Environment, Land,
functions are mandatory:
                                                        Water and Planning (DELWP)
•	Inspections and related reporting
   obligations                                       The VI will inspect records and report to
•	Public interest disclosure assessments            relevant Ministers on IBAC’s telephone
   and notifications to IBAC                         intercepts and Victoria Police’s telephone
                                                     intercepts and to Parliament on Victoria
• Public interest complaint investigations.
                                                     Police’s use of counter-terrorism powers.
The VI must also respond to all complaints.
                                                     The VI will design an inspections
In 2021–22, we will give priority to our             methodology for powers not yet exercised
mandatory functions and to complaints.               by Victoria Police under the Terrorism
Priority will also be given to monitoring            (Community Protection) Act 2003 but in
the exercise of coercive powers through              respect of which the VI has legislative
reviewing coercive power notifications.              functions.
Remaining resources will be used for
                                                     For parts of 2019–20 and 2020–21, the
monitoring, investigative and educative
                                                     COVID-19 Omnibus (Emergency Measures)
activities within a risk based model.
                                                     (Integrity Entities) Regulations 2020
Statistics on the VI’s input and output across       permitted a modified inspection program.
each legislative function are published in           The VI now uses a sampling methodology
the Annual Reports.                                  for inspections, within a risk framework,
                                                     which has helped with clearing the
                                                     backlog of inspections.

VICTORIAN INSPECTORATE                           6                           A N N U A L P L A N 2 0 21– 2 2
Assessing Public Interest                           Operational Priority Two –
Disclosures                                         Complaints and coercive
The VI has a broad jurisdiction under the           power notifications
Public Interest Disclosures Act 2012 (PID           Complaints
Act), including the mandatory receipt,
                                                    The VI can receive complaints about:
assessment and notification of public
                                                    • IBAC and IBAC personnel
interest disclosures.
                                                    • Victorian Ombudsman (VO) officers
To ensure we identify all assessable
                                                    •	Office of the Victorian Information
disclosures, we will undertake a preliminary
                                                       Commissioner (OVIC) officers
assessment of all complaints against the
                                                    •	Victorian Auditor-General’s Office
requirements of the PID Act.
                                                       (VAGO) officers
If a complaint is an assessable disclosure          • Chief Examiner or Examiners.
about IBAC, an IBAC officer or a Public
Interest Monitor (PIM), we will determine           The VI will give priority to complaints.
whether the disclosure is a public interest         We have a statutory function to receive
complaint under the PID Act. All other              complaints and must properly consider
assessable disclosures will be notified             and respond to every complaint. We
to IBAC under the PID Act.                          have a performance measure to give
                                                    written reasons for outcomes to 100%
Investigating Public Interest                       of complainants.
Complaints
                                                    The VI’s assessment of a complaint
The VI has a mandatory function under
                                                    may result in:
the Victorian Inspectorate Act 2011
(VI Act) to investigate all public interest         •	A PID Act notification or another
complaints in our jurisdiction, namely:                form of referral to a body with the
                                                       appropriate jurisdiction
•	Disclosures about a PIM, IBAC or an
   IBAC officer that we determine are               •	Engagement with the body to discuss
   public interest complaints; and                     identified issues or risks

•	All public interest complaints referred          •	Feedback to the body on how it
   to us by IBAC.                                      handled the complainant’s matter
                                                    •	An Integrity Response, including other
As at June 2021, the VI was undertaking
                                                       planned oversight projects
four investigations under the PID Act.
                                                    • A preliminary inquiry or an investigation.
The VI anticipates concluding these
investigations during 2021–22. Any new              The VI will continue to work through the
public interest complaints received during          backlog of complaints caused by COVID-19
2021/22 will also be investigated, as per the       restrictions. To mitigate the impact
mandatory legislative requirement.                  of delays, the VI will direct increased
                                                    resources towards complaints and keep
                                                    communicating with complainants to
                                                    ensure they are kept up to date on the
                                                    progress of their complaint.

VICTORIAN INSPECTORATE                          7                           A N N U A L P L A N 2 0 21– 2 2
The VI can investigate a complaint and                The VI will continue to monitor the agencies
also initiate own motion investigations. The          that infrequently exercise coercive powers
VI can conduct a preliminary inquiry to               through self-reporting questionnaires
determine whether or not to investigate               covering relevant legislative requirements,
and will typically request information from           and a review of their notifications (if any).
a body or individuals.
                                                      To help drive efficiency and identify
The VI will only commence a preliminary               systemic issues in notifications, the VI piloted
inquiry or an investigation where it is               an integrity program in 2020–21 in which
appropriate and if it has sufficient resources.       allocated officers undertook risk assessments
                                                      and reviews of a particular integrity body’s
Monitoring the exercise
                                                      notifications. This successful program will
of coercive powers
                                                      continue in 2021–22, enhanced by regular
The VI has a legislative requirement                  meetings of reviewers and managers to help
to monitor the exercise of coercive                   identify thematic issues across entities.
powers by:
                                                      If resources allow, the VI will undertake all
• IBAC
                                                      or parts of the integrity program referred
• VO
                                                      to in section 6.
• OVIC
• VAGO                                                Operational Priority Three –
• Chief Examiner or Examiners
                                                      Other monitoring and review
                                                      functions
• Judicial Commission of Victoria
                                                      The VI has further legislative requirements
• Wage Inspectorate Victoria (WIV)
                                                      to monitor:
These bodies are required to notify the               •	IBAC’s compliance with the
VI when they exercise coercive powers                    Independent Broad-based Anti-
and the VI has a discretion to review the                corruption Commission Act 2011 and
notifications. Since 1 January 2020, each                other laws, and its interaction with
time the VI exercises that discretion we are             other bodies
required to assess a number of criteria that
                                                      •	VAGO’s compliance with certain
increase the time taken for each review.
                                                         provisions of the Audit Act 1994
The VI commonly receives around 1000                  •	VO and OVIC’s compliance with
notifications per annum. This number is                  procedural fairness
likely to increase in 2021–22 as we start             •	Chief Examiner and Victoria Police’s
oversighting the exercise of coercive                    compliance with the Major Crime
powers by the WIV and its officers.                      (Investigative Powers) Act 2004.
During 2020–21, the VI designed a model to            The VI also has legislative requirements to:
oversight the exercise of coercive powers
                                                      •	Assess the effectiveness and
by the WIV and its officers. In 2021–22, the
                                                         appropriateness of IBAC’s policies
VI will focus resources on implementing this
                                                         and procedures
model and reviewing notifications, as the
                                                      •	Oversee IBAC’s performance
WIV will be able to exercise new coercive
                                                         of its PID Act functions
powers for the first time in 2021–22.
                                                      •	Review IBAC, VO and the Judicial
                                                         Commission’s PID procedures.

VICTORIAN INSPECTORATE                            8                             A N N U A L P L A N 2 0 21– 2 2
Significant monitoring projects are resource            	
intensive and the VI has not been resourced              The VI will assess, review and respond
to undertake monitoring projects since                   to all complaints. Occasionally,
its completion of longstanding projects                  a complaint may lead to a preliminary
in 2018–19. During 2019–20 and 2020–21,                  inquiry and/or an investigation.
the VI identified issues during inspections,
complaint assessments, notifications,                      The VI will triage coercive power
preliminary inquiries and investigations.                  notifications, identifying suitable
The Integrity Response Guidelines were a                   matters for a full review within the
useful barometer to identify an appropriate                context of a planned Integrity
response by the VI to ensure proportionate                 Program.
steps were taken by the integrity body to
prevent recurrence.
                                                        • Investigative activities – Investigative
With increased staffing numbers in 2021–22,                activity is proportionate and purposive:
the VI plans to undertake a monitoring                     our preliminary inquiries, investigations
project in the second half of the year. The                and inquiries are directed toward
subject matter of the project will be chosen               effective Integrity Responses.
according to risk, following consultation
with relevant stakeholders about their
                                                        	The VI will continue to prioritise public
progress and intention to address the
                                                           interest complaint investigations as
particular subject matter of concern to
                                                           they are mandatory. Any other
the VI. Consultation ensures significant
                                                           investigations will be resource
resources are not directed to identifying the
                                                           dependent and are likely to start
extent of an issue within an integrity body
                                                           with a preliminary inquiry.
where the integrity body has a sufficient
mitigation strategy to address the issue.
                                                          Compliance activities – Integrity
                                                        •	
See section 6 for the types of monitoring
                                                          Programs and Monitoring Projects –
projects that are resource dependent.
                                                          Integrity Programs are regular, ongoing
Before commencing any monitoring
                                                          oversight activities that deliver recurrent
projects, the VI will give priority to mitigating
                                                          outputs, such as the VI’s inspections
complaint delays caused by COVID-19 and
                                                          activities and monitoring of coercive
completing investigations.
                                                          powers. By contrast, monitoring projects
OPERATIONAL FRAMEWORK                                     are strategically targeted and involve
AND GOVERNANCE                                            finite activities with well-defined
                                                          objectives.
The VI’s Operations Model (Attachment
2) is a conceptual framework for our
approach to conducting this broad range                 	The number of risk based reviews
of operational functions.                                  of coercive power notifications will
                                                           continue to increase, within a
The Operations Model represents:
                                                           planned Integrity Program.
• T he source and use of information –
   notifications and complaints – these                    The VI anticipates delivering a proactive
   are received as key information and                     monitoring project if resources allow.
   intelligence.

VICTORIAN INSPECTORATE                              9                              A N N U A L P L A N 2 0 21– 2 2
• Integrity Responses – Our Integrity                independence, human resources, financial
   Responses to identified non-                       planning and compliance, procurement,
   compliance and other issues include                business facilities, asset management,
   liaison and engagement, education,                 security and ICT management, information
   recommendations and reports. We may                and records management, internal audit
   also decide to conduct a more in depth             and risk management.
   oversight activity, like a monitoring
                                                      Within the capability of our size and
   project. We focus on productive,
                                                      footprint, the VI will also support the delivery
   influential “Integrity Responses” that
                                                      of governance compliance requirements
   support our vision of improving Victoria’s
                                                      including the Financial Management
   integrity system.
                                                      Compliance Framework, the Victorian
                                                      Protective Data Security Standards as
	The VI anticipates publishing education             well as audit and risk management
   resources relating to previously identified        requirements.
   issues (see section 6 for a description of
                                                      An important focus for the unit is supporting
   the planned guidance notes).
                                                      staff engagement to maintain our strong
                                                      People Matter Survey results from 2019–20
In practice, the Operations Model                     and 2020–21. The People Matter Surveys
underpins our internal operational                    support public sector organisations in
governance structures. Through our Integrity          building positive workplace cultures with
Operations Management Committee                       integrity that live the public sector values.
(IOMC), operational decision-making is
                                                      In addition to core business corporate
consistent, informed by risk assessments and
                                                      functions, there are several key priorities
legal advice, and properly documented.
                                                      to deliver in 2021-22 that will support
Importantly, the IOMC structure ensures               operational activities. The VI will undertake
that decisions to initiate new work are               these projects primarily with resources
carefully considered, and that progress on            provided through non-recurrent funding.
existing work is monitored for resource short-
falls or delays.                                      Corporate Priority One –
                                                      Key infrastructure projects
CORPORATE / GOVERNANCE                                Having made significant progress during
PRIORITIES                                            2020-21 on the VI’s comprehensive capital
Core Business                                         program, which includes replacing end of
                                                      life and specialised ICT infrastructure, the
The small corporate services unit at the
                                                      VI is scheduled in 2021-22 to complete the
VI will continue to lead the delivery of all
                                                      four remaining key infrastructure projects:
standard corporate functions with limited
                                                      • upgrade the VI’s security alarm system
support acquired from the Department
of Premier and Cabinet (eg. finance,                  • upgrade the VI’s telephony system
payroll, HR advice). This unit, with only             • new records management system
1 ongoing FTE and 2.8 fixed term FTE, is              • pilot a document review system.
mostly resourced with project funding and
has responsibility for all corporate and
governance functions including budget

VICTORIAN INSPECTORATE                           10                             A N N U A L P L A N 2 0 21– 2 2
Corporate Priority Two –                                Corporate Priority Five –
Budget Independence                                     ICT Strategy & Roadmap
In response to the independent base                     During 2021-22, the VI will undertake a
review conducted during 2020-21, the                    comprehensive project to identify the
VI will seek appropriate ongoing budget                 future state of the VI’s ICT systems and
funding to support its expanded remit since             structures to ensure that:
establishment and its status as a budgetary             •	they align with and support the VI’s
independent agency with complex                            future strategic vision and objectives
security needs. This will result in the VI being
                                                        •	they are managed efficiently,
appropriately resourced to undertake
                                                           effectively and economically
its important operational functions and
                                                        •	the VI develops a long-term
comply with Victorian governance
                                                           infrastructure replacement strategy
frameworks.
                                                           that is well paced, evidence based
Corporate Priority Three –                                 and leverages off new and emerging
Performance Audit                                          technologies
                                                        •	the VI’s ongoing information
As foreshadowed in the Inspector’s
                                                           management and security needs
foreword, an independent performance
                                                           continue to be comprehensively met.
audit of the VI is expected to commence in
October 2021 and be completed by March
2022 on behalf of the IOC.

The performance audit will require a
considerable portion of the VI’s resources
which will be a diversion from the
performance of the VI’s usual operational
and corporate functions.

Corporate Priority Four –
Strategic Plan
With the VI’s three-year strategic plan
coming to an end on 31 December 2021,
the VI will establish a new strategic plan
during 2021–22 that reflects its maturity level
and current challenges.

VICTORIAN INSPECTORATE                             11                           A N N U A L P L A N 2 0 21– 2 2
4 | Budget

2021–22 Budget

Recurrent base operating funding                              $2,755,980

Fixed term operating and project funding                      $3,332,031

Depreciation funding                                          $1,155,494

Total Operating                                             $7,243,505

Fixed Term Capital Funding                                       $440,000

Total Budget                                                $7,683,505

VICTORIAN INSPECTORATE                     12   A N N U A L P L A N 2 0 21– 2 2
5 | Performance Measures

The VI’s performance measures are as follows:

Per for mance Measure                            Uni t of Measure 2021–22 Target

Quantity

Recommendations of the VI accepted by agencies          Per cent                       75%
Reasons for decisions provided for complaint
                                                        Per cent                      100%
outcomes
Quality

Improvements to the integrity system*                    Number                             6

* An improvement to the integrity system
is a demonstrable change to the conduct
and compliance of any of the integrity,
accountability and investigatory bodies
oversighted by the VI (integrity bodies).

We identify non-compliance and
opportunities for systemic improvement
through undertaking our functions
(inspections, investigations, monitoring
etc) and respond proportionately through
the framework of our published Integrity
Response Guidelines.

We measure improvements to the integrity
system where the VI’s integrity response
has demonstrably influenced an integrity
body’s conduct to help prevent future
non-compliance, such as:
•	an integrity body implementing
   VI recommendation(s)
•	an integrity body establishing new
   procedures to prevent systemic
   recurrence of non-compliance
•	an integrity body changing its
   application of the law in response
   to VI feedback.

VICTORIAN INSPECTORATE                      13                 A N N U A L P L A N 2 0 21– 2 2
6 | Resource Dependent
     Operational Activities

Further to the priorities identified in section        In 2021-22, the VI plans to publish
3, and subject to any further delays caused            guidance notes on the following issues:
by COVID-19, any remaining resources will              •	an issue relating to the adverse
be directed towards the delivery of one                   comments process during the drafting
or more of the integrity activities outlined              of investigation reports
below. The VI will continue to take a risk
                                                       •	access by lawyers to notes taken during
based approach, noting that more urgent
                                                          coercive examinations.
activity may arise from an issue identified
during the 2021–22 financial year.                     Publication will be preceded by
                                                       consultation with relevant bodies within the
Education                                              integrity system.
As set out in the VI’s Operations Model,
the VI may respond to issues with a                    Monitoring Projects
spectrum of appropriate activities such                As at June 2021, the VI has identified four
as stakeholder engagement, education                   monitoring projects across four integrity
programs and/or the provision of integrity             bodies that could lead to improvements
resources such as published practice or                to the integrity system:
guidance notes or reference materials.                 •	A targeted project arising from multiple
The VI recognises that a fundamental                      complaints about an integrity body’s
part of effective oversight is education                  handling of complaints referred to
and communication which are also                          another body for investigation.
preventative strategies.                               •	A project focussed on two integrity
Developing an education strategy as a key                 bodies’ compliance with particular
tool in supporting compliance recognises                  statutory requirements, as well as their
the recommendations from the report                       policies and procedures.
tabled in November 2017 by the former                  •	A targeted project arising from
Accountability and Oversight Committee                    notifications about an integrity body’s
of the Parliament – Inquiry into Education,               processes for exercising coercive
Training and Communications Initiatives                   powers.
of Victorian Oversight Agencies. The VI                •	A targeted project arising from multiple
also notes the Integrity and Oversight                    complaints about search and seizure
Committee’s current Inquiry into the                      activities.
Education and Prevention Functions
of Victoria’s Integrity Agencies.

VICTORIAN INSPECTORATE                            14                           A N N U A L P L A N 2 0 21– 2 2
Multi-body integrity program
Coercive power notifications are an
important source of information for
monitoring how each integrity body
exercises their coercive powers. The
VI receives around 1000 notifications
each year.

To enable integrity bodies to learn from
issues identified about other bodies, the
VI proposes to produce a multi-body
report on findings and learnings across
integrity bodies relating to a particular
coercive power, such as a confidentiality
notice. Without identifying the source of
the finding, the VI could provide integrity
bodies with a report that would provide
a preventative benefit across the
integrity system.

VICTORIAN INSPECTORATE                        15   A N N U A L P L A N 2 0 21– 2 2
ATTACHMENT 1 | VICTORIAN INSPECTORATE’S KEY FUNCTIONS

 For each agency, the Victorian Inspectorate has these different functions:
 Receives and           Receives and           Receives and           Receives and           Receives and
 assesses complaints    assesses complaints    assesses complaints    assesses complaints    assesses complaints
 about conduct          about conduct of       about conduct of       about conduct of       about conduct of
 of IBAC & IBAC         VO officers            OVIC officers          VAGO officers          the Chief Examiner
 personnel                                                                                   or Examiners
 Investigates           Investigates           Investigates           Investigates           Investigates the
 conduct                conduct                conduct                conduct                conduct of the
 Investigates a                                                                              Chief Examiner and
 public interest                                                                             Examiners
 complaint (PIC)
 about IBAC or an
 IBAC officer

 Monitors the           Monitors the           Monitors the           Monitors the           Monitors the           Monitors the
 exercise of coercive   exercise of coercive   exercise of coercive   exercise of coercive   exercise of coercive   exercise of coercive
 powers                 powers                 powers                 powers                 powers                 powers

                        Monitors               Monitors
                        compliance with        compliance with
                        procedural fairness    procedural fairness

 Assesses the                                                                                Assesses the
 effectiveness and                                                                           effectiveness and
 appropriateness                                                                             appropriateness
 of policies and                                                                             of policies and
 procedures                                                                                  procedures

 Monitors                                                             Monitors               Monitors
 compliance with                                                      compliance with        compliance with
 the IBAC Act                                                         sections 30 to 37,     the Major Crime
 and other laws                                                       39, 43 to 46, 50(1)    (Investigative
                                                                      and 51 of the Audit    Powers) Act 2004
                                                                      Act 1994

 Reviews Public         Reviews PID                                                                                 Reviews PID
 Interest Disclosure    procedures                                                                                  procedures
 (PID) procedures

 Oversees IBAC’s
 performance of its
 PID Act functions
 Receives & assesses
 PIDs about IBAC

 Monitors interaction
 with other integrity
 bodies

 Inspects records
 on telephone
 intercepts, use of
 surveillance devices
 and on controlled
 operations

                                                        The VI must consider whether any disclosure received by it relating to any publ
                                                                            The VI must also investigate any PIC referred to it by IBAC re

VICTORIAN INSPECTORATE                                                                                                                 16
Wage Inspectorate Victoria

 Investigates PICs
 about a PIM

                                                                                                                     Investigates
                                                                                                                     conduct

                                                                                                                     Monitors the
                                                                                                                     exercise of coercive
                                                                                                                     powers

                         Monitors
                         compliance with
                         the Major Crime
                         (Investigative
                         Powers) Act 2004

 Receives & assesses
 PIDs about a PIM

 Inspects records        Inspects records       Inspects records on     Inspects records on   Inspects records on
 relating to             on telephone           use of surveillance     use of surveillance   use of surveillance
 order/warrant           intercepts, use of     devices and             devices and           devices and
 applications            surveillance devices   on controlled           on controlled         on controlled
                         and on controlled      operations              operations            operations
                         operations

                         Inspects records
                         on use of counter-
                         terrorism powers

lic body or public officer is a PID that must be notified to the appropriate entity.
elating to the conduct of any public body or public officer.

6                                                                                                              A N N U A L P L A N 2 0 21– 2 2
ATTACHMENT 2 | OPERATIONS MODEL

Integrity Responses
The VI is empowered to make
recommendations and issue reports.

The VI may respond to issues with
a spectrum of appropriate activities,
such as informal liaison and stakeholder                                      Integrity Programs
engagement, education programs
and resources, or the initiation
of further oversight projects
or programs.

                                                        Integrity Responses

Inquiries
The VI may conduct an inquiry into
a matter arising out of an investigation.

The VI is empowered to:
                                                                                   Inquiries
•   Examine witnesses
•   Compel the production of documents or things
•   Enter and search premises, seize evidence

Investigations                                                                          Investigations
The VI may investigate and assess the conduct
of officers, including own motion investigations.

The VI must investigate a public interest disclosure.

Preliminary Inquiries
The VI may conduct a preliminary inquiry to
determine whether it will investigate a matter.

VICTORIAN INSPECTORATE                                                                                   1
Integrity Programs
                                          Ongoing, regular programs to assess compliance
                                          or inspect records; results are generally delivered
                                          in regular reports.

                                          Regular Integrity Programs:
                                          •	Inspections of law enforcement powers
                                          •	Program of notification reviews to monitor
                                             the use of coercive powers
                                          •	Reviewing compliance with certain provisions

    Monitoring Projects                                  Monitoring Projects
                                                         Strategically targeted and finite
                                                         activities with well-defined objectives,
                                                         methodology and deliverables.

                                                         Targeted monitoring projects:
                                                         •	Projects arising from identified
                                                                concerns
                                                         •	Reviews of high risk notifications
                                                                eg. Public hearings
                          Notifications

                                                         Notifications
                                                         The VI receives information via
                                                         notifications from oversighted
                                                         entities where they:
                                                         •      Use a coercive power
                                                         •	Are required to notify
                           Complaints                           the VI of other information

      Preliminary
       Inquiries                                   Complaints
                                                   Individuals can complain or provide
                                                   information to the VI about the conduct
                                                   of officers of bodies it oversights. The
                                                   VI also receives complaints about the
                                                   activities of IBAC and certain disclosures
                                                   under the PID Act.

7                                                                           A N N U A L P L A N 2 0 21– 2 2
vic.gov.au/vicinspectorate
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