50Preliminary assessment of complaint

50 Preliminary assessment of complaint

(1)  Within 30 days after receiving a complaint, the Regulator is to determine whether or not an investigation of the complaint is necessary or appropriate.

(2)  For the purpose of ascertaining whether a complaint should be investigated, the Regulator may –

(a) make any preliminary inquiries that the Regulator considers necessary or appropriate; and

(b) require the complainant or prescribed body concerned, within the time specified in the requirement or such longer period as the Regulator allows –

(i) to provide information or documents; and

(ii) to verify all or any part of the complaint or other information or document by statutory declaration.

(3)  A prescribed body must comply with a requirement made under subsection (2)(b) .

Penalty:  Fine not exceeding 100 penalty units.

(4)  After making preliminary inquiries under subsection (1) , the Regulator may –

(a) resolve the complaint under subsection (5) ; or

(b) determine that the complaint is to be investigated; or

(c) refuse to investigate the complaint under section 51 .

(5)  After making preliminary inquiries under subsection (1) , the Regulator may resolve the complaint without the complaint being investigated if –

(a) having regard to the nature and seriousness of the complaint, the Regulator believes that the complaint may be resolved expeditiously; and

(b) the parties to the complaint agree to that resolution.

(6)  If the Regulator resolves a complaint under subsection (5) , the Regulator is to provide a copy of the complaint and the resolution to the prescribed body concerned, its Portfolio Minister and the complainant.