37Investigation of reports

37 Investigation of reports

(1)  The Commissioner may do any one or more of the following in respect of a report:

(a) conduct an investigation;

(b) make a referral under section 38 to another person or body;

(c) decline to take action on the report.

(2)  The Commissioner may decline to take action on a report under subsection (1) if –

(a) the Commissioner considers that the report is –

(i) frivolous; or

(ii) vexatious; or

(iii) misconceived; or

(iv) lacking in substance; or

(b) the matter to which the report relates has already been determined by a court, board or tribunal and does not raise any matter or issue that was not considered in that determination; or

(c) the matter to which the report relates is being considered by a court, board or tribunal; or

(d) the report relates to an incident which occurred more than 12 months before the report was made and the Commissioner considers that the person who made the report has not shown a good reason for the delay; or

(e) the Commissioner considers that the Commissioner does not have the jurisdiction to consider the report under this Act; or

(f) the Commissioner considers that the report raises issues which require investigation by another person, court, board or tribunal.

(3)  The Commissioner is to notify the person, who made a report to the Commissioner, of the decision made in relation to that report under subsection (1) as soon as practicable after making that decision.