Victorian Consolidated Regulations

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VICTORIA STATE EMERGENCY SERVICE REGULATIONS 2017 - REG 13

Decision whether to investigate complaint

    (1)     Subject to this Part, the Chief Officer, Operations must, within 14 days after receiving a complaint, decide whether or not to investigate the complaint.

    (2)     The Chief Officer, Operations must not investigate a complaint if—

        (a)     the Chief Officer, Operations considers that—

              (i)     the complaint—

    (A)     is misconceived or lacking in substance; or

    (B)     is frivolous or vexatious; or

    (C)     cannot be substantiated; or

              (ii)     the act or omission on which the complaint is based is not of sufficient seriousness to merit further action; or

        (b)     the Authority has already taken action under regulation 24 in respect of the registered member or the probationary member who is the subject of the complaint.

    (3)     If the Chief Officer, Operations decides to investigate a complaint, the Chief Officer, Operations must give written notice of the investigation to the registered member or the probationary member who is the subject of the complaint.

    (4)     If the Chief Officer, Operations decides not to investigate a complaint in accordance with subregulation (2), the Chief Officer, Operations must dismiss the complaint.

    (5)     In addition to subregulation (4), if the Chief Officer, Operations decides not to investigate a complaint in accordance with subregulation (2)(a)(ii), the Chief Officer, Operations may give the registered member or the probationary member a formal warning.

    (6)     If the Chief Officer, Operations dismisses a complaint in accordance with subregulation (4), the Chief Officer, Operations must, within 7 days after the date of the decision to dismiss the complaint, give the registered member or the probationary member written notice that the complaint has been dismissed.



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