7AComplaints procedure

7A Complaints procedure

7A Complaints procedure

(1) The administrator must, as soon as practicable after being appointed, establish a complaints procedure to allow for complaints about conduct—

(a) that is, or is alleged to be, improper, unlawful or criminal, and

(b) that is, or is alleged to be, engaged in by any person who is or has been—

(i) an officer or employee of the CFMEU (NSW) or any of its branches, divisions or parts working in the CFMEU, C & G Division or any of its branches, or

(ii) a member of the CFMEU, C & G Division or any of its branches.

(2) The administrator must take reasonable steps to—

(a) publicise the complaints procedure to members of the CFMEU, C & G Division, and

(b) make the complaints procedure publicly available.

(3) The procedure must allow for the making of complaints to the following persons (each a complaint recipient)—

(a) the administrator,

(b) a person authorised in writing by the administrator to receive complaints.

(4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient.

(5) A complaint recipient may refer a complaint to a law enforcement agency or the Secretary of the Premier’s Department for investigation.

(6) If a complaint is referred to the Secretary of the Premier’s Department, the Secretary must—

(a) consider the complaint, and

(b) as soon as practicable after the complaint is referred to the Secretary, advise the complaint recipient in writing whether the Secretary intends to investigate the complaint, and

(c) if the Secretary investigates the complaint—

(i) report progress and results of the investigation to the complaint recipient at intervals of no more than 90 days until the investigation is complete, and

(ii) advise the complaint recipient when the investigation is completed.