VICTORIAN INSPECTORATE ACT 2011 - SECT 89 Outcome of investigation
VICTORIAN INSPECTORATE ACT 2011 - SECT 89
Outcome of investigation(1) After conducting an investigation in relation to the IBAC or IBAC personnel, the Victorian Inspectorate may—
(a) make a recommendation to the IBAC in accordance with section 78 ;
(b) make a recommendation to the IBAC in accordance with section 79 ;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 79;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 79;
(e) make a recommendation to the Australian Federal Police in accordance with section 79;
(f) make a recommendation to the Auditor-General in accordance with section 79;
(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 79;
(h) make a recommendation to a person or body prescribed for the purposes of section 79(3)(f) in accordance with section 79;
(i) transmit a report under section 87;
(j) provide advice to a complainant in accordance with section 88 ;
(k) do any combination or all of the matters referred to in paragraphs (a) to (j);
(l) determine to make no finding or take no action following the investigation.
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(2) After conducting an investigation in relation to a VAGO officer, the Victorian Inspectorate may—
(a) make a recommendation to the Auditor-General in accordance with section 80;
(b) make a recommendation to the Auditor-General in accordance with section 81;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 81;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 81;
(e) make a recommendation to the Australian Federal Police in accordance with section 81;
(f) make a recommendation to the IBAC in accordance with section 81 ;
(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 81;
(h) make a recommendation in accordance with section 81 to a person or body prescribed for the purposes of section 81(3)(f);
(i) transmit a report under section 87;
(j) provide advice to a complainant in accordance with section 88 ;
(k) do any combination or all of the matters referred to in paragraphs (a) to (j);
(l) determine to make no findings or take no action following the investigation.
(3) After conducting an investigation in relation to an Ombudsman officer, the Victorian Inspectorate may—
(a) make a recommendation to the Ombudsman in accordance with section 82;
(b) make a recommendation to the Ombudsman in accordance with section 83;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 83;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 83;
(e) make a recommendation to the Australian Federal Police in accordance with section 83;
(f) make a recommendation to the IBAC in accordance with section 83 ;
(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 83;
(h) make a recommendation in accordance with section 83 to a person or body prescribed for the purposes of section 83(3)(f);
(i) transmit a report under section 87;
(j) provide advice to a complainant in accordance with section 88 ;
(k) do any combination or all of the matters referred to in paragraphs (a) to (j);
(l) determine to make no findings or take no action following the investigation.
(4) After conducting an investigation in relation to the Chief Examiner or an Examiner the Victorian Inspectorate may—
(a) make a recommendation to the Chief Examiner in accordance with section 84;
(b) make a recommendation to the Chief Commissioner of Police in accordance with section 85;
(c) make a recommendation to the Director of Public Prosecutions in accordance with section 85;
(d) make a recommendation to the Australian Federal Police in accordance with section 85;
(e) make a recommendation to the IBAC in accordance with section 85 ;
(f) make a recommendation to the Victorian WorkCover Authority in accordance with section 85;
(g) make a recommendation in accordance with section 85 to a person or body prescribed for the purposes of section 85(f);
(h) transmit a report under section 87;
(i) provide advice to a complainant in accordance with section 88 ;
(j) do any combination or all of the matters referred to in paragraphs (a) to (i);
(k) determine to make no findings or take no action following the investigation.
S. 89(5) inserted by No. 20/2017 s. 125.
(5) After conducting an investigation in relation to an officer of the Office of the Victorian Information Commissioner, the Victorian Inspectorate may—
(a) make a recommendation to the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner in accordance with section 85A;
(b) make a recommendation to the Information Commissioner in accordance with section 85B;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 85B;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 85B;
(e) make a recommendation to the Australian Federal Police in accordance with section 85B;
(f) make a recommendation to the IBAC in accordance with section 85B ;
(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 85B;
(h) make a recommendation (in accordance with section 85B) to a person or body prescribed for the purposes of section 85B(3)(f);
(i) transmit a report under section 87;
(j) provide advice to a complainant in accordance with section 88 ;
(k) do any combination or all of the matters referred to in paragraphs (a) to (j);
(l) determine to make no findings or take no action following the investigation.
S. 89(5) inserted by No. 16/2016 s. 183, renumbered as s. 89(6) by No. 2/2019 s. 207(a).
(6) After considering information given to the Victorian Inspectorate regarding the use of coercive powers and any other related information under the Judicial Commission of Victoria Act 2016 , the Victorian Inspectorate may—
S. 89(6)(a) amended by No. 2/2019 s. 207(b).
(a) make a recommendation to the Judicial Commission in accordance with section 85C; or
(b) transmit a report under section 87; or
(c) do both actions referred to in paragraphs (a) and (b); or
(d) determine to make no findings or take no action.
S. 89(7) inserted by No. 2/2019 s. 71.
(7) After conducting an investigation in relation to the Principal Public Interest Monitor or any other Public Interest Monitor the Victorian Inspectorate may—
(a) in the case of an investigation in relation to the Principal Public Interest Monitor—make a recommendation to the Minister in accordance with section 85D;
(b) in the case of an investigation in relation to any other Public Interest Monitor—make a recommendation to the Principal Public Interest Monitor in accordance with section 85D;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 85E;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 85E;
(e) make a recommendation to the Australian Federal Police in accordance with section 85E;
(f) make a recommendation to the Victorian WorkCover Authority in accordance with section 85E;
(g) make a recommendation in accordance with section 85E to a person or body prescribed for the purposes of section 85E(e);
(h) provide advice to a complainant in accordance with section 88 ;
(i) subject to paragraphs (a) and (b), do any combination or all of the matters referred to in paragraphs (a) to (h);
(j) determine to make no findings or take no action following the investigation.
S. 89(8) inserted by No. 21/2020 s. 96.
(8) After conducting an investigation in relation to a Wage Inspectorate Victoria officer, the Victorian Inspectorate may do one or more of the following—
(a) make a recommendation to the Wage Inspectorate Victoria in accordance with section 85F;
(b) make a recommendation to the Wage Inspectorate Victoria in accordance with section 85G;
(c) make a recommendation to the Chief Commissioner of Police in accordance with section 85G;
(d) make a recommendation to the Director of Public Prosecutions in accordance with section 85G;
(e) make a recommendation to the Australian Federal Police in accordance with section 85G;
(f) make a recommendation to the IBAC in accordance with section 85G ;
(g) make a recommendation to the Victorian WorkCover Authority in accordance with section 85G;
(h) make a recommendation in accordance with section 85G to a person or body prescribed for the purposes of section 85G(3)(f);
(i) transmit a report under section 87;
(j) do any combination or all of the matters referred to in paragraphs (a) to (i);
(k) determine to make no findings or take no action following the investigation.
S. 89(9) inserted by No. 50/2021 s. 124, repealed by No. 31/2023 s. 39.
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S. 90 inserted by No. 82/2012 s. 58.