Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 48

Further investigations

    (1)     After receiving the report on an investigation completed by the Chief Commissioner under Part IVA of the Police Regulation Act 1958 , the Director may—

        (a)     request the Chief Commissioner to conduct a further investigation into the complaint; or

        (b)     conduct such an investigation himself or herself under this Part.

    (2)     The Chief Commissioner must—

        (a)     in accordance with section 86O of the Police Regulation Act 1958 , conduct the further investigation as requested; or

        (b)     report in writing to the Director as to why such an investigation is not considered necessary.

    (3)     After receiving the report on an investigation or further investigation completed by the Chief Commissioner, the Director may—

        (a)     in writing request the Chief Commissioner to take any action the Director considers appropriate in addition to any action taken or proposed to be taken by the Chief Commissioner or in substitution for any action proposed to be taken by the Chief Commissioner;

        (b)     refer to the Director of Public Prosecutions any matter that is relevant to the performance of functions or duties by the Director of Public Prosecutions.

    (4)     If the Director refers a matter to the Director of Public Prosecutions under subsection (3)(b)—

        (a)     the Director must notify the Chief Commissioner in writing—

              (i)     of the referral; and

              (ii)     of the advice received from the Director of Public Prosecutions in respect of the referral; and

        (b)     the Chief Commissioner must not take any disciplinary action, or further disciplinary action, against a member of Victoria Police who is the subject of the referral until the Chief Commissioner has received the Director's notification under paragraph (a)(ii).



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