Document ID: chunk:federal_register_of_legislation:C2024A00074:clause:1_323ha:p2
Version: federal_register_of_legislation:C2024A00074
Segment Type: clause
Provision Reference: sch 1 cl 323HA (pt 2/2)
Character Range: 21713–23714

investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.
 (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:
 (a) investigate the complaint; and
 (b) keep the complainant informed of progress; and
 (c) notify the complainant of the results of the investigation.
 (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.
 (10) Subsection (8) does not apply if the complaint recipient is satisfied that the complaint is frivolous or vexatious.
 (11) For the purposes of Part 4A of this Chapter (protection for whistleblowers):
 (a) conduct mentioned in subsection (2) is taken to be disclosable conduct; and
 (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and
 (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and
 (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.
 (12) Neither of the following is a legislative instrument:
 (a) an instrument made under subsection (1);
 (b) an instrument made under paragraph (3)(b).