38Referral of report or investigation

38 Referral of report or investigation

(1)  If the Commissioner is of the opinion that a matter that is the subject of a report or investigation constitutes a complaint that may be made to any of the following persons or bodies, the Commissioner must refer the matter to the person or body:

(a) the Anti-Discrimination Commissioner appointed under the Anti-Discrimination Act 1998 ;

(b) the Health Complaints Commissioner appointed under the Health Complaints Act 1995 ;

(c) the Commissioner for Children and Young People appointed under the Commissioner for Children and Young People Act 2016 ;

(d) the Independent Regulator appointed under the Child and Youth Safe Organisations Act 2023 ;

(e) the NDIS Quality and Safeguards Commission;

(f) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law (Tasmania);

(g) any other prescribed person or body.

(2)  The Commissioner may conduct an investigation of a matter that the Commissioner has referred to another person or body under subsection (1) , if the Commissioner is of the opinion that conducting an investigation may be necessary to protect a person with disability from violence, abuse, neglect, coercion or exploitation.

(3)  If the Commissioner is of the opinion that a report or investigation may provide evidence of the commission of a criminal offence, the Commissioner must refer the report or investigation, or part of the report or investigation, to the Commissioner of Police or the Director of Public Prosecutions.

(4)  The Commissioner must refuse to conduct an investigation if the matter that is the subject of the investigation is the subject of, or would prejudice, any criminal proceedings or criminal investigations.