Document ID: chunk:federal_register_of_legislation:C2024A00074:clause:1_323ha:p1
Version: federal_register_of_legislation:C2024A00074
Segment Type: clause
Provision Reference: sch 1 cl 323HA (pt 1/2)
Character Range: 19153–21953

323HA  Complaints procedure
 (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:
 (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and
 (b) take reasonable steps to publicise the procedure to members of the Construction and General Division; and
 (c) make the procedure publicly available.
 (2) The procedure must allow for the making of complaints in respect of conduct:
 (a) that is or is alleged to be improper, unlawful or criminal; and
 (b) that is or is alleged to be engaged in by any person who is or has been:
 (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or
 (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or
 (iii) a member of the Construction and General Division or any of its branches.
Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).
 (3) The procedure must allow for the making of complaints to the following complaint recipients:
 (a) the administrator;
 (b) a person authorised in writing by the administrator to receive complaints.
 (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.
 (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.
 (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:
 (a) consider the complaint; and
 (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and
 (c) if the regulator investigates the complaint:
 (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and
 (ii) advise the administrator or other complaint recipient when the investigation is completed.
 (7) If the complaint is 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