59Notice of dismissal, investigation or referral of complaint or notification

59 Notice of dismissal, investigation or referral of complaint or notification S. 59(1) amended by No. 30/2016 s. 21(1), substituted by No. 2/2019 s. 116(1). (1) Subject to subsections (2) and (4), the IBAC may notify the person who made a complaint to the IBAC— (a) of the action referred to in section 58 that the IBAC has taken; or (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the complaint is being investigated by another person or body. S. 59(2) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 6). (2) Subject to subsection (4), the IBAC must notify the person who made a public interest complaint of— (a) the action referred to in section 58 which the IBAC has taken; and S. 59(2)(b) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 6). (b) in the case of a decision by the IBAC to dismiss the public interest complaint—the reasons for the decision. S. 59(3) amended by No. 70/2013 s. 3(Sch. 1 item 23.2). (3) A notification under subsection (2) must be given within a reasonable time after the action has been taken or the investigation has commenced. S. 59(3A) inserted by No. 30/2016 s. 21(2), substituted by No. 2/2019 s. 116(2). (3A) Subject to subsection (4), the IBAC may notify the person who made a notification to the IBAC— (a) of the action referred to in section 58 that the IBAC has taken; or (b) if applicable, that the IBAC has deferred taking that action while the subject matter of the notification is being investigated by another person or body. S. 59(4) amended by No. 30/2016 s. 21(3). (4) The IBAC must not notify a person under subsection (1), (2) or (3A) if the IBAC considers that notifying that person would— S. 59(4)(d) amended by No. 37/2014 s. 10(Sch. item 85.7). (d) prejudice an investigation under this Act or an investigation by Victoria Police or the person or body to which the referral was made; or (e) otherwise contravene any applicable statutory secrecy obligations or which would involve the unreasonable disclosure of information relating to the personal affairs of any person. S. 59(5) substituted by No. 2/2019 s. 116(3). (5) A notification under subsection (1) or (2), other than a notification relating to the dismissal of a complaint under section 58(a), must include a written statement advising the recipient that it is an offence under section 184 to disclose the content of the notification. Pt 3 Div. 3A (Heading and ss 59A– 59P) inserted by No. 30/2016 s. 22.