Industrial Relations Act 1996

The administrator must, as soon as practicable after being appointed, establish a complaints procedure to allow for complaints about conduct—

that is, or is alleged to be, improper, unlawful or criminal, and

that is, or is alleged to be, engaged in by any person who is or has been—

an officer or employee of the CFMEU (NSW) or any of its branches, divisions or parts working in the CFMEU, C & G Division or any of its branches, or

a member of the CFMEU, C & G Division or any of its branches.

The administrator must take reasonable steps to—

publicise the complaints procedure to members of the CFMEU, C & G Division, and

make the complaints procedure publicly available.

The procedure must allow for the making of complaints to the following persons (each a complaint recipient)—

the administrator,

a person authorised in writing by the administrator to receive complaints.

A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient.

A complaint recipient may refer a complaint to a law enforcement agency or the Secretary of the Premier’s Department for investigation.

If a complaint is referred to the Secretary of the Premier’s Department, the Secretary must—

consider the complaint, and

as soon as practicable after the complaint is referred to the Secretary, advise the complaint recipient in writing whether the Secretary intends to investigate the complaint, and

if the Secretary investigates the complaint—

report progress and results of the investigation to the complaint recipient at intervals of no more than 90 days until the investigation is complete, and

advise the complaint recipient when the investigation is completed.

If the complaint is investigated by a law enforcement agency, the complaint recipient must use the complainant’s best endeavours to obtain reports about the progress of the investigation from time to time and disclose the reports to the complainant.

If, because of a want of jurisdiction, neither the Secretary of the Premier’s Department nor a law enforcement agency investigates a complaint under this clause, the complaint recipient must—

investigate the complaint, and

keep the complainant informed of the progress of the investigation, and

notify the complainant of the results of the investigation.

The complaint recipient is not required to take any action referred to in subclause (8) if the complaint recipient considers the complaint to be frivolous or vexatious.

The complaint recipient is not required to disclose reports to the complainant, or otherwise keep the complainant informed of the progress of an investigation, under subclause (7) or (8) if the complaint recipient reasonably believes the disclosure may jeopardise the investigation.