45Commission’s obligation to be prompt and efficient

45 Commission’s obligation to be prompt and efficient (1) The commission must deal with complaints promptly and efficiently. (2) Without limiting subsection (1), the commission may make any preliminary inquiry it considers necessary and appropriate to decide how to deal with a complaint. (3) Without limiting subsection (1), in dealing with a complaint, the commission must— (a) allocate each complaint as soon as possible; and

(b) if the commission decides to consider the complaint by a commission-initiated consideration under section 48 (2)—tell the person who made the complaint, in writing, about the decision and that the person will not receive progress reports about the consideration; and (c) unless subsection (5) applies—before considering the complaint, tell the complainant and the respondent, in writing, that the complaint is to be considered; and (d) if the complaint is a discrimination complaint (other than a matter under commission-initiated consideration) and the referred for conciliation and include a discrimination referral statement with the notice; and (e) if the complaint relates to a service provided by the operator of a retirement village under the Retirement Villages Act 2012 and the commission decides not to refer the complaint for conciliation—tell the complainant, in writing, that the complaint will not be referred for conciliation and include a retirement village referral statement with the notice; and (f) if the complaint is an occupancy dispute complaint and the referred for conciliation and include an occupancy dispute referral statement; and (g) if the complaint is a conversion practice complaint and the referred for conciliation and include a conversion practice referral statement with the notice; and

(h) tell the complainant, in writing, how consideration of the complaint by the commission is progressing not later than— (i) 6 weeks after the last time the commission told the complainant, in writing, (by a progress report) about the complaint’s progress; or (ii) if the latest progress report includes a statement to the effect that, for stated reasons, a further progress report will not be provided until a stated time or event—the time or the happening of the event stated in the latest progress report; and (i) if the complaint is closed for any reason—tell the complainant and the respondent, in writing, that the complaint has been closed within 4 weeks after the day the complaint is closed. Examples—par (h) (ii) 1 A complainant tells the commission that she is going overseas for 3 months. The commission may tell the complainant that the next progress report will not be given until the complainant returns from overseas and notifies the commission.