Document ID: chunk:federal_register_of_legislation:C2024C00724:section:24ch:p2
Version: federal_register_of_legislation:C2024C00724
Segment Type: section
Provision Reference: s 24CH (pt 2/2)
Character Range: 69339–71189

issue further, if:
 (a) if the issue arose from a conduct complaint or conduct issue referral—the Commissioner is satisfied that the complaint or referral is frivolous, vexatious, misconceived or lacking in substance or was not made in good faith; or
 (b) if the issue arose from a conduct complaint or conduct issue referral and the Commissioner does not have consent to investigate the issue—the Commissioner is satisfied that it is unreasonable to continue the investigation, taking into account the progress of the investigation and fairness between the persons affected by the investigation; or
 (c) the Commissioner is satisfied that the conduct concerned:
 (i) would be more appropriately dealt with through a service provided under section 16 (complaint resolution function), or under another law of the Commonwealth or a law of a State or Territory; or
 (ii) is being dealt with through a service provided under section 16 (complaint resolution function); or
 (iii) is being dealt with under another law of the Commonwealth or a law of a State or Territory and it would be inappropriate to conduct an investigation under this Act at the same time; or
 (iv) has already been dealt with under this Part, another law of the Commonwealth or a law of a State or Territory and there are no further matters concerning the conduct that warrant investigation; or
 (d) the conduct concerned is, or has been, the subject of criminal or civil proceedings (including any preliminary investigations or action that might lead to criminal or civil proceedings); or
 (e) if the respondent is a non‑core participant—the Commissioner is satisfied that the issue would be more appropriately dealt with by the respondent's employer; or
 (f) the Commissioner is satisfied it is inappropriate or impracticable for the issue to be investigated for any other reason.