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s 42AA

Review of notices etc. provided by the Ombudsman

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Part 5Matters to be reported to Integrity Oversight Victoria by the Ombudsman

42AA Review of notices etc. provided by the Ombudsman

S. 42AA(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.68).

(1)

Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Ombudsman under the specified sections of the Ombudsman Act 1973

(a)

a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act;

(b)

a written report on the issue of a witness summons given under section 18D of that Act;

(c)

a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act;

(d)

a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act;

(e)

a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act.

(2)

A review of a matter under subsection (1) must assess—

(a)

whether the requirements under the Ombudsman Act 1973 relating to that matter have been complied with; and

(b)

where the Ombudsman has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and

(c)

where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates.

S. 42AA(3) amended by No. 31/2024 s. 113(Sch. 1 item 1. 68(b)).

(3)

If Integrity Oversight Victoria considers that an audio or video recording provided by the Ombudsman is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—

(a)

return the audio or video recording to the Ombudsman; or

(b)

destroy the audio or video recording.

Pt 5A (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.69).

Pt 5A (Heading and s. 42A) inserted by No. 20/2017 s. 111.

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