112AReferral of complaints to Tribunal

112A Referral of complaints to Tribunal (1) The complainant may apply to the Commissioner to refer a complaint to the Tribunal if: (a) the Commissioner decides under section 110(3) there is sufficient prima facie evidence to substantiate the matter complained of and that matter is not resolved by mediation or other agreement; or (b) the Commissioner dismisses the complaint under section 110(5). (2) The respondent may apply to the Commissioner to refer a complaint to the Tribunal if the Commissioner decides under section 110(3) there is sufficient prima facie evidence to Information Act 2002 72 substantiate the matter complained of and that matter is not resolved by mediation or other agreement. (3) For subsections (1)(a) and (2), the application must be made within 28 days after the applicant has been given both of the following: (a) notification under section 110(6) of the Commissioner's decision under section 110(3) that there is sufficient prima facie evidence to substantiate the matter complained of; (b) a mediator's certificate under section 111(4) in relation to the matter complained of. (4) For subsection (1)(b), the application must be made within 28 days after the complainant has been given notification under section 110(6) of the Commissioner's decision to dismiss the (5) If the Commissioner receives an application under this section, the Commissioner must: (a) refer the complaint to the Tribunal; and (b) inform the Tribunal whether or not there has been an attempt to resolve the matter complained of by mediation.