PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 96 Referral of complaint or notification for investigation by another person or body
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 96
Referral of complaint or notification for investigation by another person or body(1) In section 49C(2) of the Independent Broad-based Anti-corruption Commission Act 2011 after "subsection (1)" insert "and subject to subsection (2A)".
(2) After section 49C(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert —
"(2A) A protected disclosure complaint may only be referred to—
(a) in the case of a protected disclosure complaint relating to the conduct of a member of the 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.".
(3) For section 49C(4) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute —
"(4) If, in accordance with this section, the IBAC refers a complaint or notification to the Chief Commissioner of Police, the Chief Commissioner must—
(a) in the case of a complaint or notification that is not a protected disclosure complaint—investigate the complaint or notification under Division 2 of Part IVA of the Police Regulation Act 1958 ; or
(b) in the case of a protected disclosure complaint—investigate the protected disclosure complaint under Part IVB of the Police Regulation Act 1958 .".