Report of the investigation

Report of the investigation

91. The investigator’s report will be addressed to the Attorney-General.
92. The department is unable to provide a copy of the report to the Honorary Justice or the complainant.²⁶

Findings that facts do not exist to constitute grounds for removal

93. If the investigator reports to the Attorney-General that facts do not exist which could constitute grounds for removal, the Secretary will revoke the suspension as soon as practicable²⁷ and notify the Honorary Justice.

Findings that facts do exist to constitute grounds for removal

94. If the investigator reports to the Attorney-General that facts do exist which could constitute grounds for removal, the Secretary will, as soon as practicable, seek the Attorney-General’s instructions as to whether the removal of the Honorary Justice is to be recommended to the Governor in Counci!.

Complaints regarding the department’s complaint handling process

95. Complaints regarding the department’s complaint handling process may be made to:

Victorian Ombudsman

ombudsman.vic.gov.au

 

Footnotes

[26] Section 32(1) (b) of the Honorary Justices Act 2014 requires the investigator to report to the Attorney-General to whether facts exist which could constitute grounds for removal. Note that where the investigator finds that such facts do exist, the Attorney-General retains a discretion as to whether to recommend to the Governor in Council that the Honorary Justice be removed.

[27] See Section 35(1) (b) of the Honorary Justices Act 2014.