Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 40

Dealing with complaints

    (1)     The Director may determine that a complaint does not warrant investigation—

        (a)     if in the Director's" "opinion—

              (i)     the subject-matter of the complaint is trivial; or

              (ii)     the complaint is frivolous or vexatious or is not made in good faith; or

        (b)     if the complainant had had knowledge for more than a year of the conduct complained of and fails to give a satisfactory explanation for the delay in making the complaint.

    (2)     Subject to subsection (4), the Director must refer a complaint warranting investigation to the Chief Commissioner.

    (3)     If the Director refers a complaint to the Chief Commissioner under subsection (2), the Chief Commissioner must investigate the complaint under Division 2 of Part IVA of the Police Regulation Act 1958 .

    (4)     The Director—

        (a)     must investigate a complaint if the conduct complained of is conduct of the Chief Commissioner or of a Deputy or Assistant Commissioner; and

        (b)     may investigate a complaint if the conduct complained of—

              (i)     is of such a nature that the Director considers that investigation of the complaint by the Director is in the public interest; or

              (ii)     is in accordance with established practices or procedures of Victoria Police and the Director considers that those practices or procedures should be reviewed.

    (5)     In a case to which subsection (4) applies, if the complaint was not first made to a member of Victoria Police, the Director may give the Chief Commissioner details of the complaint.

    (6)     The Director may attempt to resolve a complaint by conciliation and must—

        (a)     before commencing to conciliate, notify the Chief Commissioner of the proposed attempt; and

        (b)     notify the Chief Commissioner of the results of the attempt.



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