Victorian Current Acts Victorian Current Acts(1) The Victorian Inspectorate may investigate a complaint made under section 43 in order to assess the conduct in respect of which the complaint is made or any other conduct relevant to the matter.
S. 44(2) amended by No. 2/2019 s. 64(1).
(2) The Victorian Inspectorate must investigate a public interest complaint.
(3) If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(1), the Victorian Inspectorate must notify the IBAC in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
(4) If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(3), the Victorian Inspectorate must notify the Auditor-General in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
(5) If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(5), the Victorian Inspectorate must notify the Ombudsman in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
(6) If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(7), the Victorian Inspectorate must notify the Chief Examiner or the Examiner, as the case requires, in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
S. 44(6A) inserted by No. 20/2017 s. 113(1).
(6A) If the Victorian Inspectorate decides to investigate a complaint referred to in section 43(9), the Victorian Inspectorate must notify the Information Commissioner and either the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner (as the case applies) in writing unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
S. 44(6B) inserted by No. 2/2019 s. 64(2).
(6B) Before investigating a public interest complaint that relates to a Public Interest Monitor, the Victorian Inspectorate must notify in writing—
(a) the Minister, if the public interest complaint relates to the Principal Public Interest Monitor; or
(b) the Principal Public Interest Monitor, if the public interest complaint relates to any other Public Interest Monitor—
unless the Victorian Inspectorate reasonably believes that giving notice of the investigation could prejudice the investigation of the complaint.
S. 44(6C) inserted by No. 50/2021 s. 109(1), repealed by No. 31/2023 s. 24(1).
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S. 44(7) amended by Nos 20/2017 s. 113(2), 2/2019 s. 64(3), 50/2021 s. 109(2), 31/2023 s. 24(2).
(7) Despite subsections (3), (4), (5), (6), (6A) and (6B) but subject to subsection (8), the Victorian Inspectorate must not in any notice under those subsections include any information likely to lead to the identification of a person who has made an assessable disclosure.
S. 44(8) amended by No. 2/2019 s. 64(4).
(8) However, the Victorian Inspectorate may in a notice referred to in subsection (7) include information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.
S. 45 (Heading) amended by No. 2/2019 s. 65(1).
S. 45 inserted by No. 85/2012 s. 115.