71Transitional provision—Complaints to the SIM

71 Transitional provision—Complaints to the SIM (1) A person referred to in section 54(1) who, immediately before the commencement of section 147 of the **Integrity and Accountability Legislation Amendment Act 2012** could have made a complaint to the SIM under section 54(1) may instead make a complaint to the Victorian Inspectorate. (2) A complaint referred to in subsection (1)— (a) must be limited to a complaint about a matter set out in section 54(1); and (b) must be made within 3 days after the day on which the person was excused from attendance. (3) If, before the commencement of section 147 of the **Integrity and Accountability Legislation Amendment Act 2012**, the SIM— (a) had received a complaint made under section 54 but not commenced an investigation into the complaint; or (b) had commenced but not completed an investigation into a complaint made to the SIM under section 54— the Victorian Inspectorate, on and from that commencement— (c) must investigate or complete the investigation of that complaint under section 56 as in force immediately before its repeal; and (d) for that purpose, sections 55 to 60 continue to apply as if— (i) those sections had not been repealed, amended or substituted; and (ii) any reference in those sections to the SIM were a reference to the Victorian Inspectorate. (4) In an investigation referred to in subsection (1), the Victorian Inspectorate is entitled to have regard to any evidence given or document or other thing produced in relation to that investigation before the commencement of section 147 of the **Integrity and Accountability Legislation Amendment Act 2012**. (5) In this section, ***SIM*** means the Special Investigations Monitor appointed under Part 2 of the **Major Crime (Special Investigations Monitor) Act 2004** as in force immediately before its repeal. S. 71(6) inserted by No. 31/2024 s. 113(Sch. 1 item 23.26). (6) On and after the commencement of item 23.26 of Schedule 1 to the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024**, a reference in this section to the Victorian Inspectorate includes a reference to Integrity Oversight Victoria unless the context otherwise requires. New s. 72 inserted by No. 82/2012 s. 128.