Victorian Current Acts

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VICTORIAN INSPECTORATE ACT 2011 - SECT 42AA

Review of notices etc. provided by the Ombudsman

    (1)     The Victorian Inspectorate may review the following provided to the Victorian Inspectorate by the Ombudsman under the specified sections of the Ombudsman Act 1973

        (a)     a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act;

        (b)     a written report on the issue of a witness summons given under section 18D of that Act;

        (c)     a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act;

        (d)     a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act;

        (e)     a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act.

    (2)     A review of a matter under subsection (1) must assess—

        (a)     whether the requirements under the Ombudsman Act 1973 relating to that matter have been complied with; and

        (b)     where the Ombudsman has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and

        (c)     where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates.

    (3)     If the Victorian Inspectorate considers that an audio or video recording provided by the Ombudsman is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, the Victorian Inspectorate may—

        (a)     return the audio or video recording to the Ombudsman; or

        (b)     destroy the audio or video recording.

Pt 5A (Heading and s. 42A) inserted by No. 20/2017 s. 111.

Part 5A—Matters to be reported to the Victorian Inspectorate by the Information Commissioner

S. 42A inserted by No. 20/2017 s. 111.



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