Victims Rights and Victims of Crime Commissioner Act 2025
13Commissioner may decline to investigate or otherwise deal with complaints
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13 Commissioner may decline to investigate or otherwise deal with complaints
13 Commissioner may decline to investigate or otherwise deal with complaints
(1) The Commissioner may decide to decline to investigate or otherwise deal with all or part of a complaint if the Commissioner is satisfied—
(a) the conduct the subject of the complaint or part of the complaint would be more appropriately dealt with by another entity, or
(b) the subject of the complaint or part of the complaint is being, or has been, dealt with by the Commissioner or another government sector agency, or
(c) an internal complaints mechanism relevant to the conduct the subject of the complaint or part of the complaint has not been exhausted, or
(d) the time that has passed since the conduct the subject of the complaint or part of the complaint occurred makes it impracticable to investigate the complaint or part of the complaint, or
(e) the conduct the subject of the complaint or part of the complaint would not amount to a contravention of the Charter, or
(f) the complaint or part of the complaint is frivolous or vexatious.
(2) If the Commissioner declines to investigate or otherwise deal with all or part of the complaint under subsection (1)(a), the Commissioner must refer the complaint or part of the complaint to the other entity.