36An investigating panel must adjourn investigation of certain complaints or referrals

36 An investigating panel must adjourn investigation of certain complaints or referrals

(1) Subject to subsection (2), an investigating panel must adjourn the investigation of a complaint or referral or part of the complaint or referral if the investigating panel is satisfied that it relates to a court or VCAT proceeding—

(a) that is being heard by the officer concerned; or

(b) in which a judgment or decision of the officer concerned has not been handed down.

(2) An investigating panel may investigate a complaint or referral referred to in subsection (1) if—

(a) the matter that relates to the proceeding relates solely to a delay by the officer concerned in handing down a decision in the proceeding; or

(b) having regard to the seriousness of the matter and the urgency with which it must be dealt with, the principal head of jurisdiction agrees it is appropriate that the investigating panel deal with the matter.

(3) Subsection (1) does not prevent an investigating panel—

(a) dismissing the complaint or referral under section 34(2); or

S. 36(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 18.6).

(b) notifying the IBAC or Integrity Oversight Victoria under Division 2 of the subject matter of the complaint or referral.