192Decision not to investigate complaint

192 Decision not to investigate complaint

192 Decision not to investigate complaint

(1) The Registrar may decide not to conduct an investigation in relation to a complaint, including if satisfied of the following—

(a) the alleged misconduct is trivial or does not warrant investigation or further investigation,

(b) the alleged misconduct has been investigated by another authority or is the subject of other proceedings under this or another Act,

(c) the alleged misconduct should be referred to another authority for investigation or it is not appropriate that the Registrar investigate the alleged misconduct,

(d) the alleged misconduct should not be the subject of disciplinary action under this Division or that no further action is warranted,

(e) the alleged misconduct occurred more than 2 years before the complaint or allegation was made and the Registrar is not satisfied as to the reasons for the delay in making the complaint or allegation,

(f) there are insufficient particulars provided in relation to the alleged misconduct to allow the Registrar to investigate the alleged misconduct,

(g) the complaint was not made in good faith,

(h) the person making the complaint has not responded to a request by the Registrar for further information within the time specified by the Registrar.

(2) If the Registrar decides not to conduct an investigation in relation to a complaint, the Registrar must give written notice of the decision to the person who made the complaint.

s 192: Ins 2001 No 118, Sch 1 [17]. Rep 2014 No 75, Sch 1 [81]. Ins 2022 No 68, Sch 3[4].