79Withdrawal of referred complaint or notification

79 Withdrawal of referred complaint or notification (1) This section applies to a referral under section 73 other than— S. 79(1)(a) amended by No. 37/2014 s. 10(Sch. item 85.11). (a) a referral to the Chief Commissioner of Police in relation to conduct of a person who is not a member of Victoria Police personnel; or S. 79(1)(b) amended by Nos 16/2016 s. 166(a), 31/2024 s. 113(Sch. 1 item 16.23). (b) a referral to Integrity Oversight Victoria; or S. 79(1)(c) inserted by No. 16/2016 s. 166(b). (c) a referral to the Judicial Commission. See also section 18 of the **Judicial Commission of Victoria Act 2016** for circumstances where the IBAC may require the Judicial Commission to adjourn the investigation. (2) At any time after the IBAC has made a referral to which this section applies of a complaint or notification to the IBAC, the IBAC may— (a) determine to investigate that complaint or notification under Division 4; and (b) withdraw that referral by providing written notice to the person or body to which the complaint or notification was referred. (3) A person or body which receives a notice from the IBAC withdrawing a referral under subsection (2) must— (a) cease its investigation of the referred complaint or notification; and (b) provide the IBAC with any evidence that the person or body has in its possession or control in relation to that referred complaint or notification; and (c) cooperate with the IBAC and ensure that its officers provide all reasonable assistance requested by the IBAC in relation to that complaint or notification. S. 79(4) amended by No. 31/2024 s. 113(Sch. 1 item 16.23). (4) The IBAC, as soon as reasonably practicable, must notify Integrity Oversight Victoria in writing of the withdrawal under this section of any referral. S. 80 inserted by No. 28/2012 s. 20, amended by No. 82/2012 s. 11.