36Dismissal of complaint

### 36 Dismissal of complaint > > (1)  The chief executive officer may dismiss a complaint for investigation if he or she considers that – > > > > > > (a) it is frivolous or vexatious; or > > > > > > > (b) it was not made in good faith; or > > > > > > > (c) it lacks substance or credibility; or > > > > > > > (d) it does not relate to the functions of the Integrity Commission; or > > > > > > > (e) investigating the complaint would be an unjustifiable use of resources; or > > > > > > > (f) it is not in the public interest for the Integrity Commission to investigate the complaint; or > > > > > > > (g) in the case of a complaint about misconduct occurring after the commencement of this section, if the complainant had had knowledge of the subject matter of the complaint for more than a year and fails to give a satisfactory explanation for the delay in making the complaint. > > > (2)  Factors which the chief executive officer may consider in determining the public interest under [subsection (1)(f)](#GS36@Gs1@Hpf@EN) include, but are not limited to – > > > > > > (a) the nature and seriousness of the alleged misconduct; and > > > > > > > (b) the time that has elapsed since the alleged misconduct occurred; and > > > > > > > (c) the availability of evidence and the recollection of any witnesses; and > > > > > > > (d) the likely degree of culpability, in connection with the alleged misconduct, of any public officer about whom the complaint has been made; and > > > > > > > (e) whether the alleged misconduct could be of significant public concern; and > > > > > > > (f) whether the alleged misconduct has been previously investigated and appropriately dealt with; and > > > > > > > (g) whether the alleged misconduct is being appropriately dealt with; and > > > > > > > (h) the sanctions available to deal with the alleged misconduct; and > > > > > > > (i) whether the alleged misconduct may be indicative of, or may expose, entrenched or systemic behaviour. > > > (3)  The applicability of and weight to be given to other relevant factors specified in [subsection (2)](#GS36@Gs2@EN) and any other factors depend on the particular circumstances of each complaint.