Victorian Numbered Acts

SPECIAL INVESTIGATOR ACT 2021 (NO. 50 OF 2021) - SECT 120

After section 85G of the Victorian Inspectorate Act 2011 insert —

        " 85H     Recommendation to Office of the Special Investigator

    (1)     The Victorian Inspectorate may at any time make recommendations to the Office of the Special Investigator in relation to any action that the Victorian Inspectorate considers should be taken.

    (2)     Without limiting subsection (1), the Victorian Inspectorate may recommend taking action—

        (a)     to prevent specified conduct from continuing or occurring in the future; or

        (b)     to remedy any harm or loss arising from the conduct of the Office of the Special Investigator or any OSI personnel.

    (3)     A recommendation to the Office of the Special Investigator which is not contained in a report must be made in private.

    (4)     Subsection (3) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Office of the Special Investigator has failed to take appropriate action in relation to the recommendation.

    (5)     The Victorian Inspectorate may require the Office of the Special Investigator to give a report to the Victorian Inspectorate, within a reasonable specified time, stating—

        (a)     whether or not the Office of the Special Investigator has taken, or intends to take, action recommended by the Victorian Inspectorate; and

        (b)     if the Office of the Special Investigator has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.

    (6)     The Office of the Special Investigator must comply with a requirement of the Victorian Inspectorate under subsection (5).

        85I     Recommendation for further action in respect of OSI personnel

    (1)     The Victorian Inspectorate may at any time recommend in private to the Office of the Special Investigator the undertaking of a disciplinary process or action against any OSI personnel other than the Special Investigator.

    (2)     Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Office of the Special Investigator has failed to take appropriate action in relation to the recommendation.

    (3)     If the Victorian Inspectorate is satisfied that any conduct of any OSI personnel which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian Inspectorate may make a recommendation to that effect to any or all of the following—

        (a)     the Chief Commissioner of Police;

        (b)     the Director of Public Prosecutions;

        (c)     the Australian Federal Police;

        (d)     the IBAC;

        (e)     the Auditor-General;

        (f)     the Victorian WorkCover Authority;

        (g)     any other person or body prescribed for the purposes of this subsection.".