138Restrictions on when dispute may be referred to Commission

138 Restrictions on when dispute may be referred to Commission

138 Restrictions on when dispute may be referred to Commission

(1) A dispute must not be referred for determination by the Commission unless the dispute is only about matters previously notified as disputed.

(2) A matter is taken to have been previously notified as disputed if it concerns a matter raised in writing between the Commissioner and the incapacitated police officer before the dispute is referred to the President of the Commission.

(3) The Commission must not hear or otherwise deal with a dispute if this section provides that the dispute must not be referred for determination by the Commission.

(4) However, the Commission may hear or otherwise deal with a matter subsequently arising out of a dispute referred to in subsection (3).

(5) Despite subsection (3), a dispute relating to previously unnotified matters may be heard or otherwise dealt with by the Commission if, in the Commission’s opinion, it is in the interests of justice.