Notice of referral investigation
128K Notice of referral investigation
If the Commissioner decides to conduct a referral investigation to which section 128I(4) applies, within 14 days after that decision, the Commissioner must give notice of the investigation to each service provider being investigated.
If the Commissioner decides to conduct a referral investigation in which a power under Subdivision 3 or 4 of Division 8 will be exercised, the Commissioner must give notice of the investigation to each service provider being investigated—
before the exercise of the power or when starting to exercise the power; or
within 14 days after the decision to conduct the investigation, if the power is not exercised before then.
The Commissioner is not required to comply with this section if the Commissioner considers that—
if the notice is given to a service provider, the health, safety or welfare of a person to whom the service provider is providing services may be affected; or
the proper investigation of the matter would be prejudiced.
If subsection (3) applies, the Commissioner must give written notice to the service provider without delay after the Commissioner is satisfied that—
the risk is at an end; or
there is no further likelihood of prejudice to the proper investigation of the matter—
but in any case not later than 6 months after the investigation is completed or, if the investigation ends before that time, before the end of the investigation.
S. 128L inserted by No. 33/2017 s. 28.
This Act’s bill:Explanatory memorandumSecond reading speech
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