17Closing a complaint or issue

17 Closing a complaint or issue

(1) The Commissioner may decide to close a complaint, or an issue raised in a complaint, if the Commissioner is satisfied that one or more of the following apply: (a) the complaint or issue was not raised in good faith; (b) the complaint or issue has been, or is being, dealt with under this instrument; (c) the complaint has been withdrawn under section 18; (d) a person with disability affected by an issue raised in the complaint does not wish the issue to be considered by the Commissioner; (e) the complaint or issue is better dealt with by another person or body; (f) there is insufficient information about the complaint, the issue or the complainant to take any further action; (g) having regard to all the circumstances, including the assessment undertaken under subsection 16(2A), further action in relation to the complaint or issue is not appropriate or warranted. (2) In deciding whether to close the complaint or issue in accordance with paragraph (1)(d), the Commissioner must consider: (a) whether the health, safety or wellbeing of any person with disability affected by an issue raised in the complaint will be negatively impacted by such a decision; and (b) whether the person with disability referred to in paragraph (1)(d) has been subject to victimisation, coercion or duress in deciding that the person does not wish the issue to be considered. (3) The Commissioner may decide to close a complaint, or an issue raised in a complaint, if the complaint or issue: (a) is, or has been, the subject of a legal proceeding; or (b) is, or has been, the subject of a coronial inquiry; and the Commissioner is satisfied that that complaint or issue is being, or has been, adequately dealt with. Decision to defer taking action