68Application to Commissioner to withdraw complaint

68 Application to Commissioner to withdraw complaint

(1)  A complainant may apply to the Commissioner to withdraw a complaint.

(2)  An application to withdraw a complaint is to include a statement of the reasons for the withdrawal.

(3)  The Commissioner, on receipt of an application to withdraw a complaint, may investigate the circumstances relating to the application.

(4)  If the Commissioner is satisfied that an application to withdraw a complaint is made voluntarily, the Commissioner is to –

(a) grant the withdrawal; and

(b) record the term of any agreement reached between the complainant and the respondent; and

(c) [Section 68 Subsection (4) amended by No. 44 of 2004, s. 8, Applied:16 Nov 2004] [Section 68 Subsection (4) amended by No. 18 of 2021, s. 11, Applied:05 Nov 2021] refer any application for costs to the Tribunal for an order under Division 10 of Part 8 of the Tasmanian Civil and Administrative Tribunal Act 2020 .

(5)  The withdrawal of a complaint does not prevent –

(a) the Commissioner or an authorised person from investigating the complaint under section 69 if satisfied that –

(i) the complaint was not withdrawn voluntarily; or

(ii) it is in the public interest to do so; or

(b) the Minister from referring the complaint to the Tribunal.

(6)  A complainant who withdraws a complaint under this section is not entitled to make another complaint in relation to the same matter without the permission of the Commissioner.

(7)  [Section 68 Subsection (7) inserted by No. 42 of 2013, s. 22, Applied:01 Jan 2014] The Commissioner may allow a person who has withdrawn a complaint involuntarily to reinstitute the complaint if the Commissioner considers it is in the public interest to do so.