71When corruption reports must be dismissed

71 When corruption reports must be dismissed (1) The commission must dismiss a corruption report about the conduct of a judicial officer if the corruption report directly relates to— (a) the merits of a decision made by the judicial officer; or (b) an order made by the judicial officer; or (c) a judgment given by the judicial officer. (2) The commission must dismiss a corruption report if satisfied on reasonable grounds that the corruption report does not justify (3) For subsection (2), reasonable grounds may include 1 or more of the (a) the subject matter of the corruption report is trivial; (b) the subject matter of the corruption report is unrelated to the functions of the commission; Note If another entity has power to investigate the report, the commission may give the report to the other entity (see s (4)). (c) the corruption report is frivolous or vexatious or not made in good faith; (d) the corruption report lacks substance or credibility; (e) the corruption report was not made genuinely or was made primarily for a mischievous purpose;

(f) the corruption report does not contain sufficient information to enable referral or investigation; (g) if the corruption report is a corruption complaint and the following applies: (i) the commission has asked the complainant for assistance to investigate the corruption complaint; (ii) the complainant has failed, without reasonable excuse, to give the assistance; (iii) the commission is reasonably satisfied that the lack of assistance makes it impracticable for the corruption report to be referred or investigated; (h) if the corruption report is a corruption complaint and the complainant has not disclosed the complainant’s name and contact details—the commission is reasonably satisfied that the lack of information makes it impracticable for the corruption report to be referred or investigated; (i) the subject matter of the corruption report has already been appropriately investigated or otherwise dealt with under this Act or another law in force in the Territory; (j) the corruption report relates to conduct that happened too long ago to justify investigation; Note If a person delays making a corruption complaint by more than 1 year, an explanation may be required (see s (5)). (k) having regard to all the circumstances, further dealing with the corruption report is not justified. Note 1 An investigation must be discontinued for the same reasons (see s 112). Note 2 Giving false or misleading information is an offence against the Criminal Code, s 338.

(4) If the commission dismisses a corruption report under subsection (1) or (2) and another entity has power to investigate the subject matter of the corruption report, the commission may give the corruption report to the other entity. 1 a corruption report about a member of the Australian Federal Police may be given to the National Anti-Corruption Commission (NACC) 2 a corruption report about a NSW public servant may be given to the NSW Independent Commission Against Corruption (ICAC) Note 1 If both the commission and another entity have power to investigate a corruption report, the commission may conduct a joint investigation with the other entity under s 104, or refer the corruption report to the other entity under s 107. Note 2 The commission may disclose information to certain entities if it is (5) If a complainant delays making a corruption complaint by more than 1 year after becoming aware of the conduct in the complaint, the commission may— (a) require the complainant to give an explanation for the delay; and (b) if not satisfied with the explanation—dismiss the corruption complaint. Division 3.1.4 Commission must keep people informed