43Conduct of investigation

43 Conduct of investigation

(1)  An investigation is to be conducted in such manner as the Commissioner considers appropriate.

(2)  [Section 43 Subsection (2) amended by No. 33 of 2011, s. 9, Applied:01 Jul 2012] [Section 43 Subsection (2) amended by No. 28 of 2011, s. 28, Applied:31 Oct 2011] A conciliator to whom a complaint had been referred under section 25(1A)(b)(i) is not eligible, in an investigation of that complaint or of an issue, matter or question arising out of it–

(a) to act as the delegate of the Commissioner; or

(b) to perform any function in relation to the investigation.

(3)  [Section 43 Subsection (3) inserted by No. 5 of 2005, s. 16, Applied:06 May 2005] The Commissioner may, when conducting an investigation into a complaint, refer the complaint or any part of, or issue arising out of, the complaint for conciliation under Part 5 .

(4)  [Section 43 Subsection (4) inserted by No. 5 of 2005, s. 16, Applied:06 May 2005] An investigation may be conducted jointly by the Commissioner and a registration board.