34Outcome of investigating panel investigation

34 Outcome of investigating panel investigation

(1) After investigating a matter, an investigating panel must take action as set out in this section.

(2) An investigating panel—

(a) must dismiss the matter if section 35(1) applies; or

(b) must dismiss the matter in whole or in part if section 35(2) or (3) applies; or

(c) may dismiss the matter in whole or in part if section 35(4) applies.

(3) An investigating panel may refer a matter to the nominated head of jurisdiction or nominated person for the officer concerned if the investigating panel—

(a) has not dismissed the matter under subsection (2); or

(b) has not reported the matter to the Governor under subsection (4); or

(c) has not reported the matter to the Attorney‑General under subsection (5).

(4) An investigating panel may prepare a report for the Governor and give a copy of that report to the Attorney-General under section 39 in respect of a judicial officer if the investigating panel forms the opinion that facts exist that could warrant the removal of that judicial officer on the grounds of misbehaviour or incapacity.

(5) An investigating panel may prepare a report for the Attorney-General in respect of a non-judicial member of VCAT if the investigating panel forms the opinion that facts exist that could warrant the removal of that VCAT member on the grounds of misbehaviour or incapacity.