35Dismissal of complaints and referrals by investigating panel

35 Dismissal of complaints and referrals by investigating panel

(1) An investigating panel must dismiss a complaint or referral if—

(a) the complaint is made by a vexatious complainant; or

(b) the complaint or referral does not relate to a judicial officer or non-judicial member of VCAT.

(2) An investigating panel must dismiss a complaint or referral in whole or in part if the investigating panel is satisfied that—

(a) the matter relates to conduct of the officer concerned alleged to have taken place before the officer was appointed as a judicial officer or non-judicial member of VCAT, being conduct that, if substantiated, could not amount to proved misbehaviour or incapacity such as to warrant the removal of the officer from office; or

(b) the matter relates solely to the merits or lawfulness of a decision or procedural ruling made by the officer concerned; or

(c) the matter relates to the private life of the officer concerned and, if substantiated, could not be reasonably considered to affect or have affected—

(i) the performance of the officer's functions; or

(ii) the suitability of the officer to hold office as a judicial officer or non-judicial member of VCAT; or

(d) in the case of a complaint, the complaint is frivolous, vexatious or not made in good faith; or

(e) the officer concerned has resigned or retired and is no longer a judicial officer or non-judicial member of VCAT.

(3) An investigating panel must dismiss a complaint or referral in whole or in part if the investigating panel is satisfied that—

(a) the matter occurred at too remote a time to justify further consideration; or

(b) having regard to all the circumstances of the case, investigation or further investigation of the complaint or referral is unnecessary or unjustified.

(4) An investigating panel may dismiss a complaint or referral if the investigating panel is satisfied that the complaint or referral has not been substantiated.