61Discretion not to investigate

#### 61 Discretion not to investigate (1) The Commissioner may: (a) decide not to investigate a complaint concerning reviewable action; or (b) if the Commissioner has already begun to investigate a complaint concerning reviewable action, decide to discontinue the investigation; if: (c) the Commissioner is satisfied that the complainant became aware of the matter constituting a ground for the complaint more than 12 months before making the complaint to the Commissioner; or (d) the Commissioner has reasonable grounds for believing that: (i) the complaint is frivolous or vexatious or is not made in good faith; or (ii) the investigation or any further investigation of the action is not justified in all the circumstances; or (e) the complainant has not approached the CEO in relation to the complaint, and the Commissioner is satisfied that it would be reasonable for the complainant to so approach the CEO. (2) If the Commissioner decides not to investigate a complaint or to discontinue an investigation, the Commissioner must give the complainant written notice of the decision. (3) The notice must include reasons for the decision. (4) If: (a) a complaint concerning reviewable action has been made to the Commissioner; and (b) the Commissioner believes that a complaint concerning the action: (i) could have been made by the complainant to the Information Commissioner under Part V of the Privacy Act 1988; and (ii) could be more conveniently or effectively dealt with by the Information Commissioner; the Commissioner may decide: (c) not to investigate the complaint; or (d) to discontinue any investigation of the complaint already commenced. (5) If the Commissioner decides, under subsection (4): (a) not to investigate a complaint; or (b) to discontinue an investigation already commenced; the Commissioner must: (c) transfer the complaint to the Information Commissioner; and (d) give to the Information Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Commissioner; and (e) as soon as possible after transferring the complaint, give the complainant a written notice that informs the complainant of the transfer. (6) A complaint transferred under subsection (5) is taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988.