Division 1 Making and investigation of complaints
460 Complaints concerning failure to disclose pecuniary interests
(1) A person may make a complaint to the Director-General, or the Director-General may make a complaint, that a person has or may have contravened Part 2.(2) A complaint:(a) must be in writing, and(b) must identify the complainant and the person against whom the complaint is made, and(c) must give particulars of the grounds of the complaint, and(d) must be verified by statutory declaration, and(e) must be lodged with the Director-General.(3) The provisions of subsection (2) (b), in so far as they require a complaint to identify the complainant, (d) and (e) do not apply to a complaint made by the Director-General.
461 Director-General may require further information
The Director-General may require the complainant to provide further particulars of the complaint within the time specified by the Director-General.
462 Investigation of complaints
(1) The Director-General may investigate a complaint.(2) The Director-General may refer a complaint for investigation to an authority, being the Ombudsman, the Independent Commission Against Corruption, the Commissioner of Police or the Director of Public Prosecutions, if the authority agrees to the referral. Such a referral may be made whether or not the Director-General has begun to investigate the complaint.(3) The Director-General may decide not to investigate a complaint but to authorise an investigation under section 430 in respect of a matter to which the complaint relates.
463 Decision not to investigate a complaint
(1) The Director-General may decide to take no action concerning a complaint (including a complaint referred to in section 464 (2)) if the Director-General considers that the complaint falls into any of the following categories:(a) the complaint is frivolous, vexatious or not made in good faith,(b) the subject-matter of the complaint is trivial or does not warrant investigation,(c) the subject-matter of the complaint has been or is under investigation by some other competent person or body or has been or is the subject of legal proceedings,(d) the complaint raises issues that require investigation by another person or body,(e) there is or was, in relation to the matter complained of, a satisfactory alternative means of dealing with the matter by the complainant,(f) the complaint relates to a matter that occurred more than 2 years before the complaint was made and the complainant does not have a sufficient reason for having delayed the making of the complaint,(g) the complainant has failed to provide further particulars of the complaint within the time specified by the Director-General.(2) If the Director-General decides to take no action concerning a complaint (including a complaint referred to in section 464 (2)), the Director-General must notify the complainant and give the reasons for the decision.
464 Referral and investigation of complaints by other authorities
(1) An authority who receives a matter (otherwise than from the Director-General) for the purpose of investigation is authorised by this Act to refer the matter to the Director-General if the matter involves a possible contravention of Part 2.(2) A matter referred to the Director-General under this section is taken to be a complaint made by the Director-General.
465 Pecuniary Interest and Disciplinary Tribunal to be notified of investigations
The Director-General must notify the Pecuniary Interest and Disciplinary Tribunal of a decision to investigate a complaint or to refer a complaint for investigation to an authority.
466 Persons to be notified of complaint
(1) The Director-General must, within 3 months after receiving a complaint, making a complaint or having a matter referred to the Director-General under section 464, give the person against whom the complaint is made notice of the nature of the complaint and whether any action has been, or is intended to be, taken concerning the complaint.(2) At the same time as notice is given to the person against whom the complaint is made, the Director-General must notify the complainant whether any action has been, or is intended to be, taken concerning the complaint. However, at the time the notice is given to the person against whom the complaint is made, the Director-General is not obliged to notify the complainant of the decision not to investigate a complaint if notice of that decision has already been given under section 463 (2).
467 Reports of investigation of complaints by authorities
An authority who has investigated an allegation that a person has or may have contravened Part 2 (whether or not the allegation was referred for investigation by the Director-General), is authorised by this Act to send any report prepared by the authority concerning the investigation to the Director-General.
468 Presentation of reports to Pecuniary Interest and Disciplinary Tribunal
(1) The Director-General must present a report to the Pecuniary Interest and Disciplinary Tribunal of an investigation into a complaint carried out by the Director-General.(2) The Director-General must present to the Pecuniary Interest and Disciplinary Tribunal any report received under section 467 from an authority.