INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (A STRONGER SYSTEM) ACT 2016 (NO. 30 OF 2016) - SECT 58 Amendment of section 15—How the Ombudsman is to deal with certain complaints
INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (A STRONGER SYSTEM) ACT 2016 (NO. 30 OF 2016) - SECT 58
Amendment of section 15—How the Ombudsman is to deal with certain complaints(1) For the heading to section 15 of the Ombudsman Act 1973 substitute —
" 15 How the Ombudsman is to deal with certain complaints".
(2) For section 15(1) of the Ombudsman Act 1973 substitute —
"(1) The Ombudsman must not deal with a complaint that involves police personnel conduct, other than to notify the IBAC or the Victorian Inspectorate under Division 2C.
(1A) Subject to subsection (1B), the Ombudsman must not deal with a complaint that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C.
(1B) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter involving corrupt conduct or to refer it to another body, the Ombudsman must not continue to deal with a complaint that involves the matter or continue to conduct an investigation in relation to the matter unless—
(a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or
(b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 , to the extent of the referral; or
(c) the IBAC completes or discontinues its investigation into the matter.".