Victorian Current Acts

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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 65

Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police


S. 65(1) amended by No. 37/2014 s. 10(Sch. item 85.9).

    (1)     Subject to subsection (2), the IBAC must investigate a complaint or a notification to the IBAC or a complaint under section 167 of the Victoria Police Act 2013 in accordance with this Act if that complaint or notification is of conduct of—

        (a)     the Chief Commissioner of Police; or

        (b)     a Deputy Commissioner of Police; or

        (c)     an Assistant Commissioner of Police.

    (2)     The IBAC may determine that a complaint or a notification referred to in subsection (1) does not warrant investigation if it considers on reasonable grounds that any of the following criteria apply—

        (a)     the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or

        (b)     the complaint or notification is frivolous or vexatious; or

        (c)     the complaint or notification lacks substance or credibility; or

        (d)     the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or

        (e)     the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or

        (f)     the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or

        (g)     in all of the circumstances, the conduct does not warrant investigation.

    (3)     The IBAC may notify a person who made a complaint or notification referred to in subsection (1) of the IBAC's determination that the complaint or notification does not warrant investigation.

S. 65(4) inserted by No. 50/2021 s. 130.

    (4)     The IBAC may disclose to the Office of the Special Investigator any information it has obtained as a result of a complaint, notification or investigation referred to in this section if the IBAC considers that the information is relevant to the investigative functions of the Office of the Special Investigator.

S. 66 (Heading) amended by No. 2/2019 s. 57(Sch.  1 Pt A item 8).

S. 66 inserted by No. 85/2012 s. 94.



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