6A07Commissioner's assessment of member's submission

6A07. Commissioner’s assessment of member’s submission

(1) If the Commissioner receives a submission from a member under section 33L(2) of the Act, the Commissioner or the assistant commissioner may cause further materials, including written reports, to be provided to the Commissioner.

(2) The Commissioner shall within 21 days, where practicable, and in any event within 42 days of the end of the period referred to in section 33L(2) of the Act decide whether or not a period for further investigation or analysis of any submission of the member is necessary.

(3) If the Commissioner decides that a further period for investigation or analysis is required, the Commissioner shall endeavour to cause that investigation or analysis to be completed within 7 weeks of receiving the member’s submission.

(4) If the further investigation or analysis cannot be completed within the period referred to in subregulation (3), the Commissioner shall give the member a notice stating —

(a) the reasons for the further investigation or analysis; and

(b) the period of time required to complete the further investigation or analysis; and

(c) the reason for the need for that period of time.

(5) Despite deciding under section 33L(3)(a) of the Act not to take removal action, the Commissioner may consider whether or not the member’s performance or conduct warrants other action being taken in relation to the member under the Act or these regulations.

[Regulation 6A07 inserted: Gazette 26 Aug 2003 p. 3761‑2.]