Deciding not to deal with or to refer complaint
24 Deciding not to deal with or to refer complaint
(1) The Commissioner may decide not to deal with the complaint only if satisfied that:
the complaint lacks substance; or
(b) the complaint relates to an act or omission of a police officer; or
(c) the complaint should be referred to a person who has an established mechanism to deal with similar complaints; or
(d) the matter to which the complaint relates has already been satisfactorily dealt with by the Commissioner or another person; or
(e) the complainant has failed, without reasonable excuse, to comply with a requirement of the Commissioner (for example, giving specified information to the Commissioner); or
(f) the complainant does not have a sufficient interest in the matter to which the complaint relates; or
the complainant has withdrawn the complaint; or
(h) it is appropriate for the Commissioner to initiate an investigation under section section 28(2) for matters including the matter to which the complaint relates; or
(i) any dealing or further dealing with the complaint is inappropriate, having regard to:
(i) a proceeding before a court or tribunal relating to the matter to which the complaint relates; or
(ii) the objects of this Act, the underlying principles and the resources available to deal with the complaint.
(2) Except as provided in subsection (3), the Commissioner must not refer the complaint to the Ombudsman for investigation and resolution if the Commissioner is authorised under section 28(1) to investigate the complaint.
(3) The Commissioner must refer a complaint mentioned in subsection (1)(b) to the Ombudsman for investigation and resolution.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.