Victorian Numbered Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION AMENDMENT (EXAMINATIONS) ACT 2012 (NO. 28 OF 2012) - SECT 14

After Division 2 of Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

" Division 2A—IBAC obligations in relation to complaints and notifications to the IBAC

        40A     IBAC must dismiss, investigate or make referral

In relation to any complaint or notification to the IBAC, the IBAC must, in accordance with this Act—

        (a)     dismiss the complaint or notification if there are grounds to do so; or

        (b)     investigate the complaint or notification; or

        (c)     make a referral of the complaint or notification.

        40B     Notice of dismissal, investigation or referral of complaint or notification

    (1)     Subject to subsection (2), the IBAC may notify the person who made a complaint or notification to the IBAC of the action referred to in section 40A which the IBAC has taken.

    (2)     The IBAC must not notify a person under subsection (1) if the IBAC considers that notifying that person would—

        (a)     not be in the public interest or in the interests of justice; or

        (b)     put a person's safety at risk; or

        (c)     cause unreasonable damage to a person's reputation; or

        (d)     prejudice an investigation under this Act or an investigation by the police force or the person or body to which the referral was made; or

        (e)     otherwise contravene any applicable statutory secrecy obligations or privacy laws.".