s. 86L Note Note to s. 86L(2) Under Part 3 of the Independent Broad-based inserted by Commission Act 2011, complaints to the IBAC No. 13/2012 must be in writing unless the IBAC determines that there are s. 11(10). exceptional circumstances. (2A) A member of the force must make a complaint to S. 86L(2A) inserted by a member of the force of a more senior rank to No. 26/1997 s. 42(2), that member, or to the IBAC, about the conduct of substituted by another member of the force if he or she has No. 30/1999 s. 18(1), reason to believe that the other member is guilty amended by of serious misconduct. Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). Note to Note s. 86L(2A) A complaint made in accordance with subsection (2A) is a inserted by No. 85/2012 protected disclosure under the Protected Disclosure Act s. 130(1). 2012—see the definition of in section 3 protected disclosure of the Act. S. 86L(2B) (2B) If a member of the force is required to make a inserted by complaint under subsection (2A) about the No. 36/2001 conduct of another member of the force, it is s. 117, amended by sufficient compliance for the purposes of that Nos 32/2004 subsection if the member makes a disclosure in s. 10(2)(a), 63/2004 accordance with Part 2 of the Protected s. 4(5)(c)(i), Disclosure Act 2012. 13/2012 s. 11(7), substituted by No. 85/2012 s. 130(2). S. 86L(3) (3) If a complaint is made to a member of the force by amended by a person who is not a member of the force, the Nos 14/1988 member must advise the complainant that the s. 18(Sch. 1 item 13), complainant may make the complaint to the 32/2004 IBAC. s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7).
Note to s. 86L(2) inserted by No. 13/2012 s. 11(10). Note Under Part 3 of the Independent Broad-based Commission Act 2011, complaints to the IBAC must be in writing unless the IBAC determines that there are exceptional circumstances. S. 86L(2A) inserted by No. 26/1997 s. 42(2), substituted by No. 30/1999 s. 18(1), amended by Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (2A) A member of the force must make a complaint to a member of the force of a more senior rank to that member, or to the IBAC, about the conduct of another member of the force if he or she has reason to believe that the other member is guilty of serious misconduct. s. 86L Note to s. 86L(2A) inserted by No. 85/2012 s. 130(1). Note A complaint made in accordance with subsection (2A) is a protected disclosure under the Protected Disclosure Act 2012—see the definition of protected disclosure in section 3 of the Act. S. 86L(2B) inserted by No. 36/2001 s. 117, amended by Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7), substituted by No. 85/2012 s. 130(2). (2B) If a member of the force is required to make a complaint under subsection (2A) about the conduct of another member of the force, it is sufficient compliance for the purposes of that subsection if the member makes a disclosure in accordance with Part 2 of the Protected Disclosure Act 2012. S. 86L(3) amended by Nos 14/1988 s. 18(Sch. 1 item 13), 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (3) If a complaint is made to a member of the force by a person who is not a member of the force, the member must advise the complainant that the complainant may make the complaint to the IBAC.
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