Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 56

Investigation of complaints

56. Investigation of complaints



(1) The Special Investigations Monitor must investigate a complaint unless he
or she refuses to investigate it under section 55.

(2) For the purposes of the investigation of a complaint the Special
Investigations Monitor-

   (a)  may, but is not required to, hold a hearing; and

   (b)  may obtain information from any persons and in any manner he or she
        considers appropriate; and

   (c)  may regulate the procedure as he or she thinks fit.

(3) An investigation, including any hearing, is to be conducted in private.

(4) The Special Investigations Monitor may commence or continue to investigate
a complaint despite the fact that any proceedings are on foot, or are
instituted, in any court or tribunal that relate to or are otherwise connected
with the subject-matter of the complaint.

(5) If the Special Investigations Monitor is or becomes aware that proceedings
referred to in subsection (4) are on foot or have been instituted, the Special
Investigations Monitor must take all reasonable steps to ensure that the
conduct of the investigation does not prejudice those proceedings.