Complaints or notifications to the IBAC that do not warrant investigation
67 Complaints or notifications to the IBAC that do not warrant investigation
S. 67 inserted by No. 13/2012 s. 9 (as amended by No. 82/2012 s. 148(3)), amended by Nos 28/2012 s. 17, 82/2012 s. 9(3).
Subject to sections 60(2), 60(4), 60(5), 63 and 65, the IBAC, in its absolute discretion, may determine that a complaint or a notification to the IBAC does not warrant investigation.
Without limiting subsection (1), the IBAC may determine under that subsection that a complaint or a notification to the IBAC does not warrant investigation if, in the opinion of the IBAC—
the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or
the complaint or notification is frivolous or vexatious; or
the complaint or notification lacks substance or credibility; or
the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or
the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or
the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or
in all of the circumstances, the conduct does not warrant investigation.
If a person who makes a complaint, other than a complaint referred to in section 65, has delayed making the complaint by more than a year after becoming aware of the conduct which is the subject of the complaint, the IBAC—
may require the person to give an explanation for the delay; and
if not satisfied with the explanation, in its absolute discretion, may decide not to investigate the complaint.
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