Victorian Numbered Acts Victorian Numbered Acts(1) After receiving a report from the authorised investigator in relation to an allegation against a person, the Secretary must decide whether to refer the matter for hearing by the Suitability Panel.
(2) The Secretary must not refer the matter to the Suitability Panel unless—
(a) the report of the authorised investigator includes a finding specified in section 92(3) in respect of the person; and
(b) the Secretary considers that the person poses an unacceptable risk of harm to children.
(3) In making a decision, the Secretary must not draw any adverse inference from a failure or refusal by the person who is the subject of the investigation to answer any question by, or provide any information to, the authorised investigator.