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](#GS36@EN) ; 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](/view/html/inforce/2026-04-12/act-1995-070) 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)](#GS35@Gs3@EN) , the assessor may exercise any of the powers of an investigator under [Part 6](#HP6@EN) if the assessor considers it is reasonable to do so. > > > (5)  [Section 98](#GS98@EN) applies to a notice under [subsection (3)](#GS35@Gs3@EN) if the notice provides that it is a confidential document. > > > (6)  In referring the complaint to an appropriate person under [subsection (1)(c)](#GS35@Gs1@Hpc@EN) , 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.