Preliminary decision by Director
37 Preliminary decision by Director
Within 28 days after receiving a complaint the Director must decide whether, and to what extent —
to accept it; or
to reject, defer or refer it under section 38,
but the Director may extend the 28 day period for a further period not exceeding 28 days if it is for the benefit of the complainant to do so.
To enable the Director to make a decision under subsection (1) the Director may make such inquiries as the Director considers appropriate.
Within 14 days after making a decision under subsection (1), the Director must —
if the complaint is rejected — give to the complainant written details of the decision; or
if the complaint is deferred or referred —
give to the complainant — written details of the decision; and
give to the respondent — written details of the complaint and of the decision;
or
if the complaint is accepted —
give to the complainant — written details of the decision and of the arrangements made for conciliation discussions between the complainant and the respondent; and
give to the respondent — written details of the complaint, of the decision, and of the arrangements made for conciliation discussions between the complainant and the respondent and a written statement that the respondent may make submissions to the Director.
If under subsection (1) a complaint is accepted, the Director may give the respondent a written notice requiring the respondent to give the Director a written response to the complaint in accordance with section 39A.
If under subsection (1) a complaint is accepted, the Director must then —
attempt to settle it in accordance with section 39B; or
refer it for conciliation under section 39 if the Director is of the opinion it is suitable to be dealt with under that section; or
investigate it if the Director is of the opinion that —
it is not suitable to be dealt with under either section 39B or 39; and
an investigation is warranted, taking into account the likely costs and benefits of the investigation.
If the Director considers that on account of particular circumstances the disclosure of the complainant’s identity —
may result in the health, safety or welfare of the complainant being put at risk; or
would prejudice the proper investigation of the complaint,
the Director, in giving written details under subsection (3)(b) or (c), is not to disclose the identity of the complainant.
Where the Director has acted under subsection (4), the Director must disclose the identity of the complainant to the respondent if the Director later becomes satisfied that the circumstances described under that subsection no longer apply.
If the Director decides that a complaint is not suitable to be dealt with under either section 39B or 39 and does not warrant investigating, the Director must advise the complainant in writing of the decision and that the Director will take no further action on the complaint.
While performing functions under this section in relation to a complaint, the Director must not try to settle the complaint.
[Section 37 amended: No. 44 of 1999 s. 22; No. 33 of 2010 s. 42.]
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