25Assessment

25 Assessment

(1)  [Section 25 Subsection (1) substituted by No. 5 of 2005, s. 9, Applied:06 May 2005] The Commissioner must assess a complaint within 45 days after receiving it.

(1A)  [Section 25 Subsection (1A) inserted by No. 5 of 2005, s. 9, Applied:06 May 2005] On assessing a complaint under subsection (1)  –

(a) if the Commissioner is of the opinion that it is appropriate to do so because the complaint relates to a matter that falls within the functions imposed on the Ombudsman, a relevant registration board or other person by a law of Tasmania, another State, a Territory or the Commonwealth, the Commissioner may refer the complaint to the Ombudsman, the relevant registration board or the other person; or

(b) if the Commissioner is of the opinion that it is appropriate to do so, the Commissioner may –

(i) refer the complaint to a conciliator for conciliation under Part 5 ; or

(ii) investigate the complaint under Part 6 ; or

(iii) dismiss the complaint.

(1B)  [Section 25 Subsection (1B) inserted by No. 5 of 2005, s. 9, Applied:06 May 2005] The Commissioner may refer a complaint to both a relevant registration board and a conciliator or defer the matter of conciliation until the relevant registration board has reported to him or her on the matter.

(1C)  [Section 25 Subsection (1C) inserted by No. 5 of 2005, s. 9, Applied:06 May 2005] The Commissioner may extend the period for assessment referred to in subsection (1) for an additional period not exceeding 45 days if –

(a) the Commissioner has, under section 25A , attempted to facilitate the early resolution of the complaint and the attempt has been unsuccessful; or

(b) the Commissioner considers it necessary for the purposes of assessment to extend the period.