Report about unresolved complaint
54 Report about unresolved complaint
This section applies in relation to a complaint being dealt with under this part if, after taking reasonable steps to resolve the complaint, the commissioner believes the complaint can not be resolved.
The commissioner must prepare a report about the complaint as soon as practicable after the commissioner has taken all reasonable steps to deal with the complaint.
The report must include—
the substance of the complaint; and
the actions taken to resolve the complaint.
However, the commissioner must not include in the report any information adverse to the prescribed person, unless the person has been given a reasonable opportunity to make a submission about the information.
If the prescribed person gives the commissioner a written submission in response to any adverse information, the commissioner must ensure the person’s submission is fairly stated in the report.
The report may include details of the steps the commissioner considers the prescribed person for the complaint should take to ensure the prescribed person’s acts and decisions comply with the victims charter.
The commissioner must give a copy of the report to the complainant and the prescribed person.
The report is not admissible in any proceeding, and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceeding.
However, subsection (8) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of the commissioner and the person to whom the report relates.
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