Victorian Current Acts Victorian Current Acts(1) A person may make a complaint to the Victorian Inspectorate about the conduct of the IBAC or IBAC personnel in respect of the—
(a) performance or exercise; or
(b) failure to perform or exercise; or
(c) purported performance or purported exercise—
by the IBAC or IBAC personnel of the duties, functions or powers conferred on the IBAC or IBAC personnel in relation to any matter.
Note to s. 43(1) inserted by No. 59/2014 s. 26.
Note
See section 92A for complaints by detained persons. See section 48A for withdrawal of complaints.
(2) Without limiting the generality of subsection (1), a complaint may be made on the basis that specified conduct of the IBAC or IBAC personnel was—
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or improperly discriminatory; or
(c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
(3) A person may make a complaint to the Victorian Inspectorate about the conduct of a VAGO officer in respect of—
(a) the exercise or purported exercise of coercive powers in relation to any matter; or
S. 43(3)(b) amended by No. 12/2019 s. 13.
(b) the compliance with sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 46, 48, 49, 50 and 51 of the Audit Act 1994 .
(4) Without limiting the generality of subsection (3), a complaint may be made on the basis that specified conduct was—
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or improperly discriminatory; or
(c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
(5) A person may make a complaint to the Victorian Inspectorate about the conduct of an Ombudsman officer in respect of—
(a) the exercise or purported exercise of coercive powers in relation to any matter; or
(b) the compliance with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act.
(6) Without limiting the generality of subsection (5), a complaint may be made on the basis that specified conduct was—
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or improperly discriminatory; or
(c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
(7) A person may make a complaint to the Victorian Inspectorate about the conduct of the Chief Examiner or an Examiner in respect of—
(a) the exercise or purported exercise of coercive powers in relation to any matter; or
(b) compliance with the Major Crime (Investigative Powers) Act 2004 .
(8) Without limiting the generality of subsection (7), a complaint may be made on the basis that specified conduct was—
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or improperly discriminatory; or
(c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
S. 43(9) inserted by No. 20/2017 s. 112.
(9) A person may make a complaint to the Victorian Inspectorate about the conduct of an officer of the Office of the Victorian Information Commissioner in respect of—
(a) the exercise or purported exercise of coercive powers in relation to any matter; or
S. 43(9)(b) substituted by No. 2/2019 s. 137.
(b) the compliance with procedural fairness requirements in—
(i) the exercise, or purported exercise, of coercive powers under the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014 ; and
(ii) the conduct of investigations under Part VIB of the Freedom of Information Act 1982 ; and
(iii) the making of recommendations under section 61L of the Freedom of Information Act 1982 ; and
(iv) the making of investigation reports under section 61Q of the Freedom of Information Act 1982 ; and
(v) the making of compliance notices under Part 3 of the Privacy and Data Protection Act 2014 .
S. 43(10) inserted by No. 20/2017 s. 112.
(10) Without limiting the generality of subsection (9), a complaint may be made on the basis that specified conduct was—
(a) contrary to law; or
(b) unreasonable, unjust, oppressive or improperly discriminatory; or
(c) based on improper motives; or
(d) an abuse of power; or
(e) otherwise improper.
S. 43(11)(12) inserted by No. 50/2021 s. 108, repealed by No. 31/2023 s. 23.
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S. 43A inserted by No. 2/2019 s. 138.