25Withdrawal or variation of investigation request

25 Withdrawal or variation of investigation request

(1) Subject to subsection (2), the Commission may at any time—

(a) withdraw an investigation request; or

(b) vary an investigation request by further written notice under section 22 or 24.

(2) The Commission must withdraw an investigation request or vary the request by further written notice under section 22 or 24 if—

(a) the Commission and the person agree that the person is not able to comply with the request; or

(b) the person has a reasonable excuse not to comply with the request.

(3) Without limiting subsection (2)(b), a person has a reasonable excuse not to comply with an investigation request if—

(a) compliance would contravene a secrecy requirement of an enactment that applies to the person; or

(b) the person would be entitled to claim a privilege with respect to the request in a court or tribunal proceeding.

(4) If a person intends not to comply with an investigation request on the basis of a reasonable excuse, the person must notify the Commission of that intention in writing.

(5) If the Commission receives a notice under subsection (4), the Commission may request the person to provide evidence establishing the reasonable excuse that is claimed.

S. 25(6) amended by No. 27/2024 s. 188(Sch. 3 item 2.5).

(6) If the Commission withdraws an investigation request, the Commission must provide to Integrity Oversight Victoria a report that sets out the reason for the withdrawal.