When complaints can be closed
78 When complaints can be closed
The commission may close a complaint at any time if—
more than 2 years have elapsed since the circumstances that gave rise to the complaint happened; or
the complainant has, without good reason, failed to take reasonable steps to resolve the complaint; or
the complainant has failed to comply with a requirement under section 73 (Power to ask for information, documents and other things) or section 74 (Requiring attendance etc); or
the complainant tells the commission that the complainant wishes to withdraw the complaint, whether or not because it has been conciliated to the complainant’s satisfaction; or
the complaint has been referred to a national board under the Health Practitioner Regulation National Law (ACT) or to the veterinary practitioners board; or
the commission considers that conciliation is unlikely to succeed; or
the matters raised by the complaint have been successfully conciliated; or
the commission is satisfied, taking into account all the circumstances, that further consideration of the complaint is not justified.
The commission must close a complaint made to it if—
the complaint is not a complaint that may be made under this Act; or
For complaints that may be made under this Act, see s 42.
the complaint is not made by a person who may make a complaint under this Act; or
For people who may make a complaint under this Act, see s 43.
satisfied that—
the complainant has been given a reasonable explanation and the complaint needs no further action by the commission; or
the complaint is frivolous, vexatious or not made honestly; or
the matters raised by the complaint have been, or are being, dealt with by a court or tribunal or have been dealt with by the commission; or
the complaint lacks substance; or
Example of complaint lacking substance
The complaint is about discrimination, but the discrimination is not an unlawful act under the Discrimination Act 1991.
the complaint is a discrimination complaint, occupancy dispute complaint, retirement village complaint or a conversion practice complaint that has been referred to the ACAT; or
the complaint has been dealt with to the commission’s satisfaction; or
the complaint has been referred under section 52A (Referral to appropriate statutory office‑holder); or
the complaint has otherwise been resolved.
This Act’s bill:Explanatory statementSecond reading speech
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