sec.150SENotice of preliminary assessment

### sec.150SE Notice of preliminary assessment This section applies if the assessor decides— to dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or not to deal with a complaint, notice or information under section 150SD (4) (c) . The assessor must, as soon as practicable after making the decision, give a notice that complies with subsection (4) to the following— for a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details; for a notice under division 3 —the local government or the local government official who gave the notice; for information given under section 150AF (3) —the local government; if an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information. If the councillor the subject of the complaint, notice or information does not receive a notice under this section— the councillor may ask the assessor for a copy of the notice; and the assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so. The notice must— state the date the complaint was made or the notice or information was given; and briefly summarise the conduct the subject of the complaint, notice or information; and briefly state the decision and the reasons for the decision; and if an action is taken under section 150SD (4) (c) —state the action taken; and for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. For the offence mentioned in paragraph (e) , see section 150AU . s 150SE ins 2023 No. 30 s 46 amd 2026 No. 5 s 86 (uncommenced amendment) (sec.150SE-ssec.1) This section applies if the assessor decides— to dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or not to deal with a complaint, notice or information under section 150SD (4) (c) . (sec.150SE-ssec.2) The assessor must, as soon as practicable after making the decision, give a notice that complies with subsection (4) to the following— for a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details; for a notice under division 3 —the local government or the local government official who gave the notice; for information given under section 150AF (3) —the local government; if an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information. (sec.150SE-ssec.3) If the councillor the subject of the complaint, notice or information does not receive a notice under this section— the councillor may ask the assessor for a copy of the notice; and the assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so. (sec.150SE-ssec.4) The notice must— state the date the complaint was made or the notice or information was given; and briefly summarise the conduct the subject of the complaint, notice or information; and briefly state the decision and the reasons for the decision; and if an action is taken under section 150SD (4) (c) —state the action taken; and for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. For the offence mentioned in paragraph (e) , see section 150AU . - (a) to dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or - (b) not to deal with a complaint, notice or information under section 150SD (4) (c) . - (a) for a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details; - (b) for a notice under division 3 —the local government or the local government official who gave the notice; - (c) for information given under section 150AF (3) —the local government; - (d) if an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information. - (a) the councillor may ask the assessor for a copy of the notice; and - (b) the assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so. - (a) state the date the complaint was made or the notice or information was given; and - (b) briefly summarise the conduct the subject of the complaint, notice or information; and - (c) briefly state the decision and the reasons for the decision; and - (d) if an action is taken under section 150SD (4) (c) —state the action taken; and - (e) for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. Note— For the offence mentioned in paragraph (e) , see section 150AU .