28ZVReferral of complaints back to initial assessor or investigating Panel

28ZV Referral of complaints back to initial assessor or investigating Panel

(1)  If a complaint is referred back to an initial assessor or an investigating Panel under section 28ZT or 28ZU  –

(a) the Director must provide reasons to the initial assessor or investigating Panel for the referral; and

(b) if the complaint is referred back to an initial assessor, the initial assessor is to proceed under section 28ZA in relation to that complaint within 14 days after the referral of the matter; and

(c) if the complaint is referred back to an investigating Panel, the investigating Panel is to proceed with the investigation and determination of the complaint.

(2)  On doing a further initial assessment under section 28ZA as required by subsection (1)(b) –

(a) the initial assessor is to comply with section 28ZA as if doing a first initial assessment; and

(b) if the initial assessor determined on the original initial assessment to investigate a part of the code of conduct complaint and had notified the councillor against whom the complaint was made of that determination, the initial assessor is to notify the councillor of the result of the further initial assessment in addition to any other notice that the initial assessor is required to provide under section 28ZA .

(3)  If a complaint is referred back to an investigating Panel under section 28ZT or 28ZU, the investigating Panel is to notify the complainant and the councillor against whom the complaint is made of the referral back to the Panel as soon as practicable.

(4)  On resuming or continuing an investigation under subsection (1)(c), the investigating Panel may give any directions it considers necessary for the fair and efficient investigation and determination of the complaint.