22President may decline complaint during investigation

22 President may decline complaint during investigation

22 President may decline complaint during investigation

(1) This section applies if, at any stage of the President’s investigation of a complaint—

(a) the President is satisfied—

(i) the complaint, or part of the complaint, is frivolous, vexatious, misconceived or lacking in substance, or

(ii) the conduct alleged, or part of the conduct alleged, if proven, would not disclose the contravention of this Act, or

(iii) the period of time that has passed since the whole or part of the conduct complained of occurred makes it impracticable to investigate the complaint, or

(iv) the nature of the conduct alleged means further action by the President in relation to the complaint, or part of the complaint, is not warranted, or

(v) another more appropriate remedy has been, is being or should be pursued in relation to the complaint or part of the complaint, or

(vi) the subject matter of the complaint has been, is being or should be dealt with by another entity, or

(vii) the respondent has taken appropriate steps to remedy or redress the conduct, or part of the conduct, complained of, or

(viii) it is not in the public interest to take further action in relation to the complaint or part of the complaint, or

(b) the President is satisfied for any other reason no further action should be taken in relation to the complaint or part of the complaint.

(2) The President may, by written notice given to the complainant, decline the complaint or part of the complaint.

(3) The notice must include—

(a) the reason for declining the complaint or part of the complaint, and

(b) the rights of the complainant under sections 27 and 34.