sec.46Dealing with complaints—commission

### sec.46 Dealing with complaints—commission The commission deals with a complaint about, or information or matter (also a complaint ) involving, corruption by— expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 . The commission may take the following action— deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with; refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role; without limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with; if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role; if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role; if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— deal with the complaint; or deal with the complaint in cooperation with the public official; or advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; if the commission is satisfied that— the complaint— is frivolous or vexatious; or lacks substance or credibility; or is not made in good faith; or is made primarily for a mischievous purpose; or is made recklessly or maliciously; or dealing with the complaint— would not be in the public interest; or would be an unjustifiable use of resources; or the subject matter of the complaint— is not within the commission’s functions; or has been dealt with by another entity; take no action or discontinue action. For taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs. A public official must comply with a requirement made under subsection (3) . If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating— if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the commission— the action taken; and the reason the commission considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response. See section 48B in relation to limitations on the commission’s findings, recommendations and statements. However, the commission 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 the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or that discloses information the disclosure of which would be contrary to the public interest. Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official’s functions. s 46 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 19 ; 2024 No. 24 s 57 s ch 1 pt 2 ; 2025 No. 7 s 5 (sec.46-ssec.1) The commission deals with a complaint about, or information or matter (also a complaint ) involving, corruption by— expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 . (sec.46-ssec.2) The commission may take the following action— deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with; refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role; without limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with; if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role; if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role; if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— deal with the complaint; or deal with the complaint in cooperation with the public official; or advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; if the commission is satisfied that— the complaint— is frivolous or vexatious; or lacks substance or credibility; or is not made in good faith; or is made primarily for a mischievous purpose; or is made recklessly or maliciously; or dealing with the complaint— would not be in the public interest; or would be an unjustifiable use of resources; or the subject matter of the complaint— is not within the commission’s functions; or has been dealt with by another entity; take no action or discontinue action. (sec.46-ssec.3) For taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs. (sec.46-ssec.4) A public official must comply with a requirement made under subsection (3) . (sec.46-ssec.5) If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating— if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the commission— the action taken; and the reason the commission considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response. See section 48B in relation to limitations on the commission’s findings, recommendations and statements. (sec.46-ssec.6) However, the commission 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 the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or that discloses information the disclosure of which would be contrary to the public interest. (sec.46-ssec.7) Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official’s functions. - (a) expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and - (b) taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 . - (a) deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with; - (b) refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role; - (c) without limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with; - (d) if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role; - (e) if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role; - (f) if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— (i) deal with the complaint; or (ii) deal with the complaint in cooperation with the public official; or (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; - (i) deal with the complaint; or - (ii) deal with the complaint in cooperation with the public official; or - (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; - (g) if the commission is satisfied that— (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity; take no action or discontinue action. - (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or - (A) is frivolous or vexatious; or - (B) lacks substance or credibility; or - (C) is not made in good faith; or - (D) is made primarily for a mischievous purpose; or - (E) is made recklessly or maliciously; or - (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or - (A) would not be in the public interest; or - (B) would be an unjustifiable use of resources; or - (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity; - (A) is not within the commission’s functions; or - (B) has been dealt with by another entity; - (i) deal with the complaint; or - (ii) deal with the complaint in cooperation with the public official; or - (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; - (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or - (A) is frivolous or vexatious; or - (B) lacks substance or credibility; or - (C) is not made in good faith; or - (D) is made primarily for a mischievous purpose; or - (E) is made recklessly or maliciously; or - (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or - (A) would not be in the public interest; or - (B) would be an unjustifiable use of resources; or - (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity; - (A) is not within the commission’s functions; or - (B) has been dealt with by another entity; - (A) is frivolous or vexatious; or - (B) lacks substance or credibility; or - (C) is not made in good faith; or - (D) is made primarily for a mischievous purpose; or - (E) is made recklessly or maliciously; or - (A) would not be in the public interest; or - (B) would be an unjustifiable use of resources; or - (A) is not within the commission’s functions; or - (B) has been dealt with by another entity; - (a) if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or - (b) if action is taken on the complaint by the commission— (i) the action taken; and (ii) the reason the commission 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 commission 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 commission 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) to the person if— (i) the person has not given the person’s name and address or does not require a response; or (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or - (i) the person has not given the person’s name and address or does not require a response; or - (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or - (b) that discloses information the disclosure of which would be contrary to the public interest. - (i) the person has not given the person’s name and address or does not require a response; or - (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or