78When complaints can be closed

78 When complaints can be closed (1) The commission may close a complaint at any time if— (a) more than 2 years have elapsed since the circumstances that gave rise to the complaint happened; or (b) the complainant has, without good reason, failed to take reasonable steps to resolve the complaint; or (c) the complainant has failed to comply with a requirement under section 73 (Power to ask for information, documents and other things) or section 74 (Requiring attendance etc); or (d) the complainant tells the commission that the complainant wishes to withdraw the complaint, whether or not because it has been conciliated to the complainant’s satisfaction; or (e) the complaint has been referred to a national board under the Health Practitioner Regulation National Law (ACT) or to the veterinary practitioners board; or (f) the commission considers that conciliation is unlikely to succeed; or (g) the matters raised by the complaint have been successfully conciliated; or (h) the commission is satisfied, taking into account all the circumstances, that further consideration of the complaint is not justified. (2) The commission must close a complaint made to it if— (a) the complaint is not a complaint that may be made under this Act; or Note For complaints that may be made under this Act, see s 42.

(b) the complaint is not made by a person who may make a complaint under this Act; or Note For people who may make a complaint under this Act, see s 43. (c) satisfied that— (i) the complainant has been given a reasonable explanation and the complaint needs no further action by the commission; or (ii) the complaint is frivolous, vexatious or not made honestly; or (iii) the matters raised by the complaint have been, or are being, dealt with by a court or tribunal or have been dealt with by the commission; or (iv) the complaint lacks substance; or Example of complaint lacking substance The complaint is about discrimination, but the discrimination is not an unlawful act under the Discrimination Act 1991. (d) the complaint is a discrimination complaint, occupancy dispute complaint, retirement village complaint or a conversion practice complaint that has been referred to the ACAT; or (e) the complaint has been dealt with to the commission’s (f) the complaint has been referred under section 52A (Referral to appropriate statutory office-holder); or (g) the complaint has otherwise been resolved.