Victorian Current Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 73A

    (1)     Subject to subsections (2) and (3), the IBAC may refer a public interest complaint to any of the following persons or bodies—

S. 73A(1)(a) amended by No. 9/2020 s. 390(Sch.  1 item 56.5).

        (a)     the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020 ;

        (b)     the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958 ;

        (c)     the Information Commissioner within the meaning of section 5(1) of the Freedom of Information Act 1982 .

    (2)     The IBAC must not refer a public interest complaint to a person or body referred to in subsection (1)(b) or (c) if the IBAC suspects on reasonable grounds that the conduct that is the subject of the complaint is corrupt conduct.

    (3)     The IBAC may refer a public interest complaint to a person or body referred to in subsection (1) only if—

        (a)     the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and

        (b)     the complaint does not relate to the conduct of the person or body or the conduct of an employee, member or officer of the person or body; and

        (c)     the IBAC considers that—

              (i)     it is more appropriate for the complaint to be investigated by that person or body than by the IBAC or any other investigating entity; and

              (ii)     the referral would not increase the risk to any person's health, safety or welfare; and

        (d)     the IBAC has consulted with the person and body before the public interest complaint is referred to the person or body.

S. 74 inserted by No. 28/2012 s. 20.