24CLNotice of decision about investigating conduct issue

24CL Notice of decision about investigating conduct issue

Decision to investigate (1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following: (a) the respondent; (b) if any of the following applies—the respondent’s employer: (i) the issue did not arise from a conduct complaint or conduct issue referral; (ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice; (iii) the issue arose from a conduct issue referral for which there is no complainant; (iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law; (c) if the issue arose from a conduct complaint or conduct issue referral—the complainant; (d) if the issue arose from a conduct issue referral—the referrer. (2) A notice under subsection (1) must set out: (a) the reasons for the decision; and (b) details of the conduct issue concerned; and (c) the effect of section 24CP (requirement to cooperate); and (d) if the notice is given to the respondent or complainant—information about the services provided by the PWSS under section 15 (support function). Decision not to investigate (3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following: (a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise)—the respondent; (b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue; (c) if the issue arose from a conduct complaint or conduct issue referral—the complainant; (d) if the issue arose from a conduct issue referral—the referrer. (4) A notice under subsection (3) must set out the reasons for the decision.