Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 40

Which matters do not have to be investigated?

40. Which matters do not have to be investigated?



(1) The Ombudsman may decide not to investigate a disclosed matter-

   (a)  if in his or her opinion the disclosure-

   (i)  is trivial; or

   (ii) is frivolous or vexatious; or

   (b)  if the person making the disclosure had had knowledge for more than 12
        months of the disclosed matter and failed to give a satisfactory
        explanation for the delay in making the disclosure.

(2) The Ombudsman must-

   (a)  within a reasonable time, notify the person making the disclosure of
        his or her decision under subsection (1) not to investigate the
        disclosed matter; and

   (b)  give reasons for that decision.