35Preliminary examinations of complaints

35 Preliminary examinations of complaints

(1)  The council must conduct a preliminary examination of a complaint.

(2)  After a preliminary examination of a complaint under subsection (1) , the council may dismiss a complaint if satisfied on reasonable grounds of any of the following:

(a) the complaint –

(i) is not within the jurisdiction of the council; or

(ii) is frivolous, vexatious or lacking in substance;

(b) the subject matter of the complaint –

(i) is trivial; or

(ii) happened so far in the past that it does not justify further consideration;

(c) in relation to the matter complained about, there is or was –

(i) another satisfactory means of redress or of dealing with the complaint or the subject matter of the complaint; or

(ii) an existing appeal or review right in respect of the subject matter of the complaint that appears to be adequate to deal with the complaint or the subject matter of the complaint;

(d) having regard to all the circumstances, the complaint does not warrant further consideration under this Act.

(3)  In deciding whether or not to dismiss a complaint, the council may have regard to any matter that the council considers relevant.

(4)  If the council dismisses a complaint after a preliminary examination under subsection (1) , the council must inform the complainant that the complaint has been dismissed.

(5)  If the council does not dismiss a complaint after a preliminary examination under subsection (1) , the council must inform the relevant judicial officer –

(a) that a complaint has been made in respect of the judicial officer; and

(b) that the council intends to conduct a substantive examination of the complaint.