Commissioner may decide not to deal with a claim
11A Commissioner may decide not to deal with a claim
The Commissioner may, at any time after receiving a claim, decide not to deal with the claim, or to stop dealing with the claim, because —
the claim does not relate to a matter the Commissioner has power to deal with; or
in the opinion of the Commissioner, the claim is vexatious, frivolous or lacking in substance or does not warrant further action; or
the subject matter of the claim is being dealt with, or has already been dealt with, adequately by the Commissioner or another entity; or
the claim is solely about the competitive merit of the claimant.
The Commissioner must not deal with a claim that there was a breach of a specified public sector standard.
If the Commissioner decides not to deal with the claim, or to stop dealing with the claim, the Commissioner must inform the person who made the claim, in writing, of the decision and the reason for the decision.
If the Commissioner decides not to deal with a claim because of subregulation (1A), the Commissioner must, in writing, inform the entity who sent the claim to the Commissioner that the claim may be referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l).
If a public sector body is informed by the Commissioner about a claim under subregulation (3), the public sector body must inform the claimant that the claim may be referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l).
[Regulation 11A inserted: Gazette 11 Feb 2011 p. 499; amended: SL 2025/122 r. 9.]
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