Division 2Division 2 Preliminary examination of complaints
(1) The Commission shall conduct a preliminary examination of a complaint.(2) In conducting the preliminary examination, the Commission may initiate such inquiries into the subject-matter of the complaint as it thinks appropriate.(3) The examination or inquiries shall, as far as practicable, take place in private.
20 Summary dismissal of complaints
(1) The Commission shall summarily dismiss the complaint if it is of the opinion that, whether or not it appears to be substantiated:(a) the complaint is one that it is required not to deal with,(b) the complaint is frivolous, vexatious or not in good faith,(c) the subject-matter of the complaint is trivial,(d) the matter complained about occurred at too remote a time to justify further consideration,(e) in relation to the matter complained about, there is or was available a satisfactory means of redress or of dealing with the complaint or the subject-matter of the complaint,(f) without limiting paragraph (e), the complaint relates to the exercise of a judicial or other function that is or was subject to adequate appeal or review rights,(g) the person complained about is no longer a judicial officer, or(h) having regard to all the circumstances of the case, further consideration of the complaint would be or is unnecessary or unjustifiable.(2) In deciding whether or not to summarily dismiss a complaint, the Commission may have regard to such matters as it thinks fit.
21 Reference of complaint to Conduct Division or head of jurisdiction
(1) A complaint made to the Commission in accordance with this Act shall, if it is not summarily dismissed, be referred to the Conduct Division.(2) The Commission may however refer a complaint to the relevant head of jurisdiction if the Commission thinks that, although the complaint appears to be wholly or partly substantiated, it does not justify the attention of the Conduct Division.(3) A reference under subsection (2) may include recommendations as to what steps might be taken to deal with the complaint.
After dealing with a matter referred to it under section 16, the Commission must notify the Minister as to whether the matter has been summarily dismissed under section 20 (1), referred to the Conduct Division under section 21 (1) or referred to the relevant head of jurisdiction under section 21 (2).