40Commission must have regard to certain matters

40 Commission must have regard to certain matters

(1) The Commission must have regard to the matters specified in subsection (2)—

(a) in determining whether to dismiss, defer dealing with or redirect a referral under Division 1 or deal with a referral under Division 2; and

(b) in dealing with a referral under Division 2.

(2) The following matters are specified for subsection (1)—

(a) if the referral is made by an individual referrer, the safety, wellbeing and privacy of the individual referrer;

(b) whether the subject‑matter of the referral would be more appropriately dealt with by another entity;

(c) the prescribed matters (if any).

(3) The Commission must have regard to the following matters in investigating a public interest complaint under Division 3—

(a) the safety, wellbeing and privacy of the person who made the disclosure that was determined to be the public interest complaint;

(b) the prescribed matters (if any).

The Commission must also have regard to the guiding principles in performing its functions—see section 44.