INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 73 Referral of complaint or notification for investigation by another person or body
INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 73
Referral of complaint or notification for investigation by another person or body(1) The IBAC must refer to a person or body specified in subsection (2) a complaint or notification to the IBAC if, at any time, the IBAC considers that—
(a) the subject matter of the complaint or notification is relevant to the performance of the duties and functions or the exercise of powers of that person or body; and
(b) it would be more appropriate for the complaint or notification to be investigated by that person or body rather than by the IBAC.
(2) For the purposes of subsection (1) and subject to subsection (3), the following persons and bodies are specified—
(a) the Chief Commissioner of Police;
(b) the Ombudsman appointed under section 3 of the Ombudsman Act 1973 ;
(c) the Auditor-General appointed under section 94A of the Constitution Act 1975 ;
(d) the Victorian Inspectorate;
S. 73(2)(da) inserted by No. 16/2016 s. 164(1).
(da) the Judicial Commission;
S. 73(2)(db) inserted by No. 50/2021 s. 131(1), repealed by No. 31/2023 s. 62(a).
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S. 73(2)(e) amended by No. 67/2013 s. 649(Sch. 9 item 19(2)).
(e) the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ;
S. 73(2)(ea) inserted by No. 79/2012 s. 81, repealed by No. 30/2016 s. 26(a).
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(f) the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958 ;
S. 73(2)(g) substituted by No. 39/2018 s. 40(2).
(g) the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017 ;
(h) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012 ;
S. 73(2)(ha) inserted by No. 30/2016 s. 26(b), amended by No. 9/2020 s. 390(Sch. 1 item 56.4(a)).
(ha) the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020 ;
S. 73(2)(hb) inserted by No. 30/2016 s. 26(b), amended by No. 9/2020 s. 390(Sch. 1 item 56.4(b)).
(hb) a Municipal Monitor appointed under section 179 of the Local Government Act 2020 ;
(i) the relevant principal officer;
(j) any other prescribed person or body which has a law enforcement function or an integrity function.
S. 73(3) amended by Nos 37/2014 s. 10(Sch. item 85.10(a)), 16/2016 s. 164(2), substituted by No. 2/2019 s. 54(1).
(3) The IBAC may only refer a public interest complaint to—
S. 73(3)(a) substituted by Nos 50/2021 s. 131(2), 31/2023 s. 62(b).
(a) in the case of a public interest complaint relating to the conduct of a member of Victoria Police personnel—the Chief Commissioner of Police; or
(b) in any other case—
(i) the Ombudsman appointed under section 3 of the Ombudsman Act 1973 ; or
(ii) the Victorian Inspectorate; or
(iii) another entity in accordance with section 73A.
(4) Despite subsection (1), the IBAC must not refer to the Chief Commissioner of Police any complaint or notification to the IBAC to the extent that the complaint or notification relates to conduct of—
(a) the Chief Commissioner of Police; or
(b) a Deputy Commissioner of Police; or
(c) an Assistant Commissioner of Police.
(5) If, in accordance with this section, the IBAC refers a complaint or notification to the Chief Commissioner of Police, the Chief Commissioner must—
S. 73(5)(a) amended by Nos 37/2014 s. 10(Sch. item 85.10(b)), 2/2019 s. 54(2).
(a) in the case of a complaint or notification that is not a public interest complaint—investigate the complaint or notification under Division 2 of Part 9 of the Victoria Police Act 2013 ; or
S. 73(5)(b) amended by Nos 37/2014 s. 10(Sch. item 85.10(c)), 2/2019 s. 54(2).
(b) in the case of a public interest complaint—investigate the public interest complaint under Part 10 of the Victoria Police Act 2013 .
S. 73A inserted by No. 2/2019 s. 55.