155Deemed complaints and decisions, and dealing with deemed complaints—issues being dealt with

155 Deemed complaints and decisions, and dealing with deemed complaints—issues being dealt with

(1) This section applies if: (a) before the transition time, a person had made a complaint to the Commissioner under subsection 11(1) of the Commission Rules; and (b) as at immediately before the transition time, either of the following applied in relation to an issue raised in the complaint: (i) the Commissioner was taking appropriate action to resolve the issue to the satisfaction of the complainant under paragraph 13(1)(b) of the Commission Rules; (ii) the Commissioner had decided to undertake, or was undertaking, a resolution process in relation to the issue under paragraph 13(1)(c) of the Commission Rules. (2) At the transition time: (a) the person is taken to have made a complaint about the issue to the Complaints Commissioner under subsection 361‑10(1) of the new rules; and (b) the Complaints Commissioner is taken to have decided to undertake a resolution process in relation to the complaint under paragraph 361‑42(b) of the new rules. (3) In undertaking the resolution process in relation to the complaint under the new rules, the Complaints Commissioner must take into account any actions taken, or decisions made, by the Commissioner under the Commission Rules in relation to the issue that is the subject of the complaint.