139   Decision of Commissioner as to investigation of complaint

(1)  This section applies to and in respect of complaints received by the Commissioner, including complaints referred to the Commissioner by some other person or body (other than the Ombudsman), but does not apply to or in respect of complaints that (in accordance with guidelines agreed between the Police Integrity Commission and the Ombudsman after consultation with the Commissioner) do not need to be investigated.

(2)  The Commissioner may decide that the complaint should be, or does not need to be, investigated.

(3)  If the Commissioner decides that the complaint should be investigated, the Commissioner:

(a)  must notify the Ombudsman and the complainant of the decision, and

(b)  must cause the complaint to be investigated.

(4)  If the Commissioner decides that the complaint does not need to be investigated, the Commissioner:

(a)  must notify the Ombudsman and the complainant of the decision, and

(b)  may, if of the opinion that it is appropriate to do so, notify the police officer whose conduct is the subject of the complaint of the decision.

(5)  If the Ombudsman disagrees with the Commissioner’s decision that the complaint does not need to be investigated:

(a)  the Ombudsman must notify the Commissioner and the complainant of that fact, and

(b)  the Commissioner must cause the complaint to be investigated.