Commissioner to prepare report if complaint is referred to Tribunal
112B Commissioner to prepare report if complaint is referred to Tribunal
(1) Within 60 days after referring a complaint to the Tribunal under section 112A(5), the Commissioner must:
(a) prepare a written report in relation to the complaint and the investigation under section 110 of the matter complained of; and
(b) provide a copy of the report, and any document or other material the Commissioner believes on reasonable grounds will be relevant to the proceeding, to the Tribunal, the complainant and the respondent.
(2) The Commissioner may modify a copy of the report or material provided to the complainant or respondent under subsection (1) to omit any information if the Commissioner is satisfied:
(a) the information is not sought by the complainant or is otherwise not relevant to the complaint; or
the disclosure of the information:
(i) is a matter to be determined by the Tribunal in the proceeding; or
is otherwise not permitted under this Act.
(3) This section does not prevent the Tribunal from taking any other evidence in relation to the proceeding.
(4) This section does not apply if a report in relation to the complaint has previously been prepared and provided to the Tribunal, unless a further report would provide additional information to the Tribunal.
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