176BInvestigation of complaint

176B Investigation of complaint

176B Investigation of complaint

(1) A government agency head to whom a complaint is made under this Division must—

(a) investigate the conduct that is the subject of the complaint, and

(b) attempt to resolve the complaint by taking steps that, in the circumstances, are reasonable and prompt, and

(c) prepare a written report of the investigation.

(2) The government agency head may discontinue the investigation if—

(a) the complainant withdraws the complaint, or

(b) the complainant informs the government agency head that the complainant considers the complaint to be resolved, or

(c) proceedings are commenced in the Supreme Court under Division 6 in relation to the conduct that is the subject of the complaint, or

(d) the government agency head considers it is reasonable to do so in the circumstances.

(3) The government agency head must discontinue the investigation if—

(a) the Supreme Court makes either of the following findings in proceedings commenced under Division 6 in relation to the conduct the subject of the complaint—

(i) that the conduct was a contravention of an enforceable procurement provision,

(ii) that the conduct was not a contravention of an enforceable procurement provision, or

(b) the continuation of the investigation would be likely to result in prejudice to the proper administration of justice.

pt 11, Division 5 (ss 176A–176C): Ins 2018 No 72, Sch 1[6].