113DProceeding in relation to dismissed complaint

113D Proceeding in relation to dismissed complaint (1) This section applies if the Commissioner decides to dismiss a complaint under section 110(5) on the grounds that there was insufficient prima facie evidence to substantiate the matter complained of. (2) If the Tribunal confirms the Commissioner's decision, the Tribunal may make the orders the Tribunal considers necessary or incidental to give effect to the Tribunal's decision. (3) If the Tribunal decides there was sufficient prima facie evidence to substantiate the matter complained of, the Tribunal may: (a) refer the complaint to the Commissioner for mediation under section 111, whether or not there was an attempt to resolve the matter complained of by mediation before the complaint was dismissed by the Commissioner under section 110(5); or (b) conduct a proceeding in relation to the matter complained of.

Information Act 2002 75 (4) Sections 114 and 115 apply to a proceeding mentioned in subsection (3)(b). (5) If a complaint is referred to the Commissioner under subsection (3)(a) and the matter complained of is not resolved by mediation or other agreement, the complainant or respondent may apply to the Commissioner under section 112A to refer the complaint to the Tribunal. (6) For section 112A as applied by subsection (5): (a) the Commissioner is taken to have decided under section 110(3) that there is sufficient prima facie evidence to substantiate the matter complained of; and (b) section 112A(3)(a) does not apply.