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\[6\].