NSWIn ForceAct
Local Government Act 1993
463Decision not to investigate a complaint
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#### 463 Decision not to investigate a complaint
463 Decision not to investigate a complaint
> > (1) The Departmental Chief Executive may decide to take no action concerning a complaint (including a complaint referred to in section 464(2)) if the Departmental Chief Executive considers that the complaint falls into any of the following categories—
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> > > (a) the complaint is frivolous, vexatious or not made in good faith,
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> > > (b) the subject-matter of the complaint is trivial or does not warrant investigation,
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> > > (c) the subject-matter of the complaint has been or is under investigation by some other competent person or body or has been or is the subject of legal proceedings,
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> > > (d) the complaint raises issues that require investigation by another person or body,
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> > > (e) there is or was, in relation to the matter complained of, a satisfactory alternative means of dealing with the matter by the complainant,
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> > > (f) the complaint relates to a matter that occurred more than 2 years before the complaint was made and the complainant does not have a sufficient reason for having delayed the making of the complaint,
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> > > (g) the complainant has failed to provide further particulars of the complaint within the time specified by the Departmental Chief Executive.
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> > (2) If the Departmental Chief Executive decides to take no action concerning a complaint (including a complaint referred to in section 464(2)), the Departmental Chief Executive must notify the complainant and give the reasons for the decision.
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> **s 463:** Am 2000 No 112, Sch 2 \[18\].