sec.155Requirement to initiate investigation

### sec.155 Requirement to initiate investigation The commissioner must initiate an investigation if— requested to do so by the Minister; or QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner. The commissioner may initiate an investigation if— during the course of carrying out the commission’s functions, a possible case of a contravention of the Act against a group or class of people is discovered, the matter is of public concern and the Minister agrees; or an allegation is made that an offence against the Act has been committed; or during the course of carrying out the commission’s functions, a possible offence against the Act is discovered. In conducting an investigation, the commissioner has the same powers as the commissioner has in dealing with a complaint of a contravention of the Act . If a matter investigated under subsection (1) (a) , (1) (b) or (2) (a) can not be resolved by conciliation, the commissioner may refer the matter to the tribunal as if it were a complaint. If the commissioner refers the matter to the tribunal under subsection (4) , the commissioner is, for the purposes of the relevant tribunal Act, the applicant. This section does not apply to complaints accepted under section 141 . s 155 amd 2002 No. 74 s 30 ; 2009 No. 24 s 1332 ; 2016 No. 63 s 1095 om 2024 No. 47 s 34 (uncommenced amendment) (sec.155-ssec.1) The commissioner must initiate an investigation if— requested to do so by the Minister; or QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner. (sec.155-ssec.2) The commissioner may initiate an investigation if— during the course of carrying out the commission’s functions, a possible case of a contravention of the Act against a group or class of people is discovered, the matter is of public concern and the Minister agrees; or an allegation is made that an offence against the Act has been committed; or during the course of carrying out the commission’s functions, a possible offence against the Act is discovered. (sec.155-ssec.3) In conducting an investigation, the commissioner has the same powers as the commissioner has in dealing with a complaint of a contravention of the Act . (sec.155-ssec.4) If a matter investigated under subsection (1) (a) , (1) (b) or (2) (a) can not be resolved by conciliation, the commissioner may refer the matter to the tribunal as if it were a complaint. (sec.155-ssec.5) If the commissioner refers the matter to the tribunal under subsection (4) , the commissioner is, for the purposes of the relevant tribunal Act, the applicant. (sec.155-ssec.6) This section does not apply to complaints accepted under section 141 . - (a) requested to do so by the Minister; or - (b) QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner. - (a) during the course of carrying out the commission’s functions, a possible case of a contravention of the Act against a group or class of people is discovered, the matter is of public concern and the Minister agrees; or - (b) an allegation is made that an offence against the Act has been committed; or - (c) during the course of carrying out the commission’s functions, a possible offence against the Act is discovered.