24CIDecision not to investigate—referral to PWSS

24CI Decision not to investigate—referral to PWSS

(1) This section applies if the investigating Commissioner: (a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and (b) does so because: (i) the issue arose from a conduct complaint or conduct issue referral and at the time of the conduct concerned, both the complainant and respondent were non‑core participants; or (ii) the Commissioner is satisfied that the conduct concerned would be more appropriately dealt with through a service provided under section 16 (complaint resolution function). (2) This section also applies if the investigating Commissioner: (a) decides not to investigate a conduct issue; and (b) does so because: (i) the issue arose from a conduct issue referral for which there is a complainant; and (ii) the Commissioner does not have consent to investigate the issue (within the meaning of subsection 24CH(2)); and (iii) the Commissioner is not satisfied as required by subparagraph 24CH(1)(b)(ii) (which deals with serious risks to work health or safety). (3) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by the PWSS. (4) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.