59Dealing with complaints

59 Dealing with complaints

59 Dealing with complaints

(1) If a person makes a complaint to the Secretary about the holder of an authority on one of the grounds for taking disciplinary action set out in this Division, the Secretary may decide—

(a) to take action under this Division in relation to the complaint, or

(b) to take no action.

(2) In particular, in deciding whether to take disciplinary action under this Division, the Secretary may do either or both of the following—

(a) conduct an investigation under section 60,

(b) invite the holder of the authority concerned to show cause under section 61, by way of a written or oral submission, as to why the Secretary should not take any disciplinary action under section 62.

(3) However, the Secretary is not required to conduct any such investigation, or to invite a person to show cause, if the Secretary is of the opinion that it is in the public interest that the Secretary take immediate disciplinary action under section 62.

s 59: Am 1990 No 33, Sch 1 (18); 1994 No 54, Sch 1 (4). Subst 1996 No 122, Sch 3 [10]; 2001 No 51, Sch 5 [8].