35Assessment of complaint

35 Assessment of complaint

(1)  On receipt of a complaint, the chief executive officer may –

(a) dismiss the complaint under section 36 ; or

(b) accept the complaint for assessment; or

(c) refer the complaint to an appropriate person for action; or

(d) recommend to the Board that the Board recommend to the Premier that a commission of inquiry be established under the Commissions of Inquiry Act 1995 in relation to the matter.

(2)  If the chief executive officer accepts a complaint for assessment, the chief executive officer is to appoint an assessor to assess the complaint as to whether the complaint should be accepted for investigation.

(3)  If the assessor conducts an assessment in relation to a complaint about a public officer, the assessor may, if he or she considers it appropriate, give written notice of his or her intention to conduct the assessment to –

(a) the principal officer of the relevant public authority; and

(b) the complainant; and

(c) any public officer to whom the complaint relates.

(4)  In conducting an assessment under subsection (3) , the assessor may exercise any of the powers of an investigator under Part 6 if the assessor considers it is reasonable to do so.

(5)  Section 98 applies to a notice under subsection (3) if the notice provides that it is a confidential document.

(6)  In referring the complaint to an appropriate person under subsection (1)(c) , the chief executive officer may also –

(a) require the person to provide a report on what action the person intends to take in relation to the complaint; or

(b) monitor any action taken by the person in relation to the complaint; or

(c) audit an action taken by the person in relation to the complaint.