sec.44Dealing with complaints—public officials other than the commissioner of police

### sec.44 Dealing with complaints—public officials other than the commissioner of police This section does not apply to the police service. A public official must deal with a complaint about, or information or matter (also a complaint ) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission’s monitoring role. If the public official is satisfied that— a complaint— is frivolous or vexatious; or lacks substance or credibility; or dealing with the complaint would be an unjustifiable use of resources; the public official may take no action or discontinue action taken to deal with the complaint. A public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official. If a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating— if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the public official— the action taken; and the reason the public official considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response. However, the public official is not required to give a response to the person— if the person has not given the person’s name and address or does not require a response; or if the response would disclose information the disclosure of which would be contrary to the public interest. s 44 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2 (sec.44-ssec.1) This section does not apply to the police service. (sec.44-ssec.2) A public official must deal with a complaint about, or information or matter (also a complaint ) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission’s monitoring role. (sec.44-ssec.3) If the public official is satisfied that— a complaint— is frivolous or vexatious; or lacks substance or credibility; or dealing with the complaint would be an unjustifiable use of resources; the public official may take no action or discontinue action taken to deal with the complaint. (sec.44-ssec.4) A public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official. (sec.44-ssec.5) If a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating— if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the public official— the action taken; and the reason the public official considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response. (sec.44-ssec.6) However, the public official is not required to give a response to the person— if the person has not given the person’s name and address or does not require a response; or if the response would disclose information the disclosure of which would be contrary to the public interest. - (a) a complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility; or - (i) is frivolous or vexatious; or - (ii) lacks substance or credibility; or - (b) dealing with the complaint would be an unjustifiable use of resources; - (i) is frivolous or vexatious; or - (ii) lacks substance or credibility; or - (a) if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or - (b) if action is taken on the complaint by the public official— (i) the action taken; and (ii) the reason the public official considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response. - (i) the action taken; and - (ii) the reason the public official considers the action to be appropriate in the circumstances; and - (iii) any results of the action that are known at the time of the response. - (i) the action taken; and - (ii) the reason the public official considers the action to be appropriate in the circumstances; and - (iii) any results of the action that are known at the time of the response. - (a) if the person has not given the person’s name and address or does not require a response; or - (b) if the response would disclose information the disclosure of which would be contrary to the public interest.