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) 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.