59Complaints

59 Complaints

(1)  A person may make a complaint to the Administrator on the ground of defective work or a contravention of this Act by a licence holder, an authorised officer or a person appointed as an investigator under section 56 .

(2)  A complaint –

(a) is to be in writing; and

(b) is to contain particulars of the grounds of the complaint with a statement that the complainant consents to those particulars and all supporting documents being given to the person against whom the complaint is made; and

(c) [Section 59 Subsection (2) amended by No. 26 of 2016, s. 44, Applied:01 Jan 2017] if the complaint relates to defective work that is prescribed work, is to be made within one year of the completion of the prescribed work to which it relates.

(3)  The Administrator may require the complainant to give further particulars of the complaint supported by a statutory declaration within such time as the Administrator may specify.

(4)  The Administrator, by notice in writing given to the complainant, may dismiss any complaint without investigation if –

(a) further particulars are not given as required; or

(b) [Section 59 Subsection (4) amended by No. 26 of 2016, s. 44, Applied:01 Jan 2017] after preliminary inquiries, the Administrator has determined that the person against whom the complaint is made has no case to answer; or

(c) the complaint does not relate to a contravention of this Act; or

(d) the complaint is otherwise vexatious or frivolous –

and must dismiss the complaint if it does not contain the particulars and statement referred to in subsection (2)(b) .