Document ID: chunk:federal_register_of_legislation:C2025C00093:section:14
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 14
Character Range: 44947–46856

14  Preliminary inquiries

Making preliminary inquiries into a complaint
 (1) If a complaint is made to the Inspector‑General in respect of action taken by an intelligence agency, the Inspector‑General may, for the purpose of:
 (a) determining whether the Inspector‑General is authorised to inquire into the action; or
 (b) if the Inspector‑General is authorised to inquire into the action: determining whether the Inspector‑General should inquire into the action;
make preliminary inquiries of the head of the agency in relation to the action.
Note: After making preliminary inquiries in relation to a complaint, see subsections 11(2) to (6) for determining whether to pursue further inquiry.

Making own motion preliminary inquiries
 (2) Of his or her own motion, the Inspector‑General may make preliminary inquiries of the head of an intelligence agency:
 (a) to determine whether the Inspector‑General is authorised to inquire into an action of the agency; or
 (b) to determine whether the Inspector‑General should inquire into the action if the Inspector‑General is authorised to inquire into it.

Determining that further inquiry is not warranted in relation to own motion preliminary inquiries
 (3) After making preliminary inquiries of the head of the intelligence agency under subsection (2), the Inspector‑General may determine that, having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.
Note: For reports relating to preliminary inquiries, see section 25B.

Inspector‑General entitled to all reasonable facilities and assistance
 (4) In making preliminary inquiries of the head of an intelligence agency under this section, the Inspector‑General is entitled to all reasonable facilities and assistance that the head of the agency is capable of providing.

Division 3—Inquiries

Subdivision A—Obligations before commencing an inquiry