Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p25
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 62505–65442

member is authorised by the General Orders or General Instructions to make determinations under this paragraph—determine whether the complaint is a minor complaint and:
         (i) where the member determines that the complaint is a minor complaint, refer it to a member designated by the Commissioner for the purposes of section 6a; or
         (ii) in any other case—refer the complaint, by the most expeditious means available to the member, to the Investigation Division for investigation; or
     (b) if the member is not so authorised—refer the complaint to a member who is so authorised".

Subsection 6 (2):
Omit the subsection.

After section 6:
Insert the following sections:

Procedure for minor complaints
"6a. (1) A member designated by the Commissioner for the purposes of this section shall, as soon as practicable after receiving a minor complaint:
     (a) discuss the complaint with the complainant; and
     (b) inform the complainant that the complaint:
         (i) is being dealt with as a minor complaint; and
         (ii) will, if the complainant at any time requests, be referred to the Investigation Division for investigation.
"(2) Subject to subsection (3), the member may, in the discussion or otherwise, attempt to resolve the complaint by conciliation.
"(3) If:
     (a) the member has not discussed the complaint with the complainant within 24 hours after receiving the complaint;
     (b) the member is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation; or
     (c) the complainant so requests;
the member shall refer the complaint, by the most expeditious means available to the member, to the Investigation Division for investigation and, if paragraph (a) applies, shall accompany the complaint with a statement of the reasons why the complaint has not been discussed with the complainant.
"(4) Where the complaint is resolved by conciliation:
     (a) the member shall:
         (i) inform the officer in charge; and

SCHEDULE 1—continued
         (ii) provide the officer with any information about the complaint, and about the action taken by the member, that the officer requests;
     (b) the officer in charge shall:
         (i) notify the Ombudsman of the complaint and of the resolution of the complaint; and
         (ii) furnish the Ombudsman with particulars of both; and
     (c) the officer in charge shall take no action, or further action, by way of investigating or further investigating the complaint unless the Ombudsman requests the Commissioner, in writing, to cause it to be investigated or further investigated by the Investigation Division.

Conciliation
"6b. (1) Where the Commissioner or officer in charge considers that the whole or part of a complaint (whether made under section 6 or 22, but not including a complaint that is being dealt with under subsection 6a (2)) may properly be dealt with by attempting