48Discretion not to investigate

#### 48 Discretion not to investigate (1) Despite section 47, the principal officer of the agency may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, if: (a) the discloser is not, and has not been, a public official; or (c) the information does not, to any extent, concern serious disclosable conduct; or (d) the disclosure is frivolous or vexatious; or (e) the information is the same, or substantially the same, as information previously disclosed under this Act, and: (i) a decision was previously made under this subsection not to investigate the earlier disclosure, or not to investigate the earlier disclosure further; or (ii) the earlier disclosure has been, or is being, investigated as a disclosure investigation; or (f) the conduct disclosed, or substantially the same conduct, is being investigated under another law or power, and the principal officer is satisfied, on reasonable grounds, that it would be inappropriate to conduct an investigation under this Act at the same time; or (g) the conduct disclosed, or substantially the same conduct, has been investigated under another law or power, and the principal officer is satisfied, on reasonable grounds, that there are no further matters concerning the conduct that warrant investigation; or (ga) the principal officer is satisfied, on reasonable grounds, that the conduct disclosed would be more appropriately investigated under another law or power (but see subsection (1A)); or (h) both: (i) the principal officer of the agency has been informed by the discloser, an authorised officer of the agency or a principal officer or authorised officer of another agency that the discloser does not wish the investigation of the disclosure to be pursued; and (ii) the first‑mentioned principal officer is satisfied, on reasonable grounds, that there are no matters concerning the disclosure that warrant investigation; or (i) it is impracticable for the disclosure to be investigated: (i) because the discloser’s name and contact details have not been disclosed; or (ii) because the discloser refuses or fails, or is unable, to give, for the purposes of the investigation, such information or assistance as the person who is or will be conducting the investigation asks the discloser to give; or (iii) because of the age of the information. (1A) However, the principal officer cannot be satisfied under paragraph (1)(ga) that the conduct disclosed would be more appropriately investigated under another law or power only because the conduct disclosed raises a corruption issue. > Note: Disclosures that raise a corruption issue can continue to be handled in accordance with this Part, subject to a stop action direction under the NACC Act. See section 39 (effect of referral on continued actions) of the National Anti‑Corruption Commission Act 2022. (2) If the principal officer decides not to investigate the disclosure, or not to investigate it further, this Act does not, by implication, prevent the information from being investigated otherwise than under this Act.