209Conciliator may decide not to make inquiry

#### 209 Conciliator may decide not to make inquiry (1) A conciliator may decide not to inquire into disputed conduct to which the matter relates, or, if the conciliator has commenced to inquire into the conduct, decide not to continue the inquiry, if: (a) the conciliator believes that: (i) the matter is trivial; or (ii) the person whose interests allegedly have been, are being, or are likely to be affected does not wish the inquiry to be made or continued (as the case may be); or (b) if the inquiry arises from a complaint to the ACMA—the conciliator believes that: (i) the complaint is frivolous or vexatious or was not made in good faith; or (ii) the interests of the complainant have not been, are not being or are not likely to be affected by the conduct; or (iii) there is some other remedy that is reasonably available to the complainant; or (iv) the complainant has made reasonable efforts to negotiate a resolution of the matter. (2) If a conciliator decides not to inquire into, or not to continue to inquire into, conduct in respect of which a complaint was made, the conciliator must: (a) give the complainant written notice of the decision and the reasons for the decision; and (b) give to the ACMA a written report on the matter that includes the information referred to in paragraph (a). (3) A report under paragraph (2)(b) must be given as soon as practicable after it is prepared.