Victorian Current Acts

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    (1)     The IBAC may at any time make recommendations in relation to a matter arising out of an investigation about any action that the IBAC considers should be taken to one or more of the following—

        (a)     the relevant principal officer;

        (b)     the responsible Minister;

        (c)     the Premier.

    (2)     A recommendation under subsection (1) which is not contained in a report must be made in private.

    (3)     A recommendation under subsection (1), must not contain any information that is likely to lead to the identification of a person who has made an assessable disclosure.

S. 159(4) amended by No. 2/2019 s. 57(Sch.  1 Pt A item 16).

    (4)     However, a recommendation under subsection (1) may contain information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

    (5)     Subject to subsection (6), subsection (2) does not limit the power of the IBAC to make public a recommendation under section 162 or  165 if the IBAC considers there has been a failure to take appropriate action in relation to the recommendation.

    (6)     The IBAC may require a person (other than the Chief Commissioner of Police) who has received a recommendation under subsection (1) to give a report to the IBAC, within a reasonable specified time, stating—

        (a)     whether or not he or she has taken, or intends to take, action recommended by the IBAC; and

        (b)     if the person has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.

    (7)     The person who has received a recommendation under subsection (1) must comply with a requirement of the IBAC under subsection (6).

        S. 160 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), amended by Nos 28/2012 s. 2285/2012 s. 102.    

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