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s 13

Preliminary examination of complaints

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Part 3Complaints
Division 2Preliminary examination of complaint

13 Preliminary examination of complaints

(1)

Subject to subsection (6), the Commissioner must conduct a preliminary examination of each complaint received to determine whether—

(a)

the complaint is one that should be referred to the Office for

Public Integrity in accordance with section 15; or

(b)

there are grounds for exercising a power under this Act to dismiss the complaint.

(2)

The Commissioner may conduct a preliminary examination in any manner the Commissioner thinks fit (but the Commissioner must act in accordance with the principles of procedural fairness).

(3)

In conducting a preliminary examination, the Commissioner may make such inquiries into the complaint as he or she thinks appropriate and may—

(a)

require further information from the complainant (and may require that such further information be verified in any manner required by the

Commissioner); and

(b)

consult the relevant jurisdictional head.

(4)

The Commissioner may determine to deal with a series of complaints relating to a particular judicial officer as if they were a single complaint (and may do so even if the Commissioner has previously dealt with any of those complaints or is in the course of dealing with any of those complaints).

(5)

Subject to sections 14 and

15, the Commissioner must conduct a preliminary examination as efficiently and expeditiously as is practicable.

(6)

If, before conducting a preliminary examination of a complaint, the

Commissioner determines that the complaint is one that must be dismissed under section 17(1), the Commissioner may dismiss the complaint without conducting a preliminary examination.

(7)

If the Commissioner exercises the power under subsection (6) to dismiss a complaint, the

Commissioner is not required to give any notification in relation to the complaint to the judicial officer who is the subject of the complaint or to the relevant jurisdictional head but must give any complainant written notification stating—

(a)

that the Commissioner has exercised that power; and

(b)

the grounds on which the Commissioner is satisfied that the complaint is one that must be dismissed under section 17(1).

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