Australian Capital Territory Numbered Acts

COMMISSIONER FOR THE ENVIRONMENT ACT (NO. 37 OF 1993) - SECT 14

14. (1) Where a complaint has been made to the Commissioner with respect to action taken by an agency, the Commissioner may, in his or her discretion, decide not to investigate the action or, if investigation has commenced, decide not to investigate the action further—

        (a)     if the Commissioner is satisfied that the complainant became aware of the action more than 12 months before the complaint was made to the Commissioner; or

        (b)     if, in the opinion of the Commissioner—

              (i)     the complaint is frivolous or vexatious or was not made in good faith; or

              (ii)     an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.

(2) Where a person who makes a complaint to the Commissioner with respect to action taken by an agency has not complained to the agency with respect to that action, the Commissioner may, in his or her discretion, decide not to investigate the action.

(3) Where—

        (a)     a person who—

              (i)     has made a complaint to the Commissioner with respect to action taken by an agency;

              (ii)     has complained to the agency with respect to that action; and

              (iii)     informs the Commissioner that the agency has not responded or has not responded adequately; and

        (b)     the Commissioner is of the opinion—

              (i)     if the agency has not responded—that, since the complainant complained to the agency, a reasonable period has elapsed in which the agency could have responded; or

              (ii)     if the agency has responded—that the response was not adequate;

the Commissioner shall, subject to this section, investigate the action.

(4) Where a complainant has caused or causes action to which his or her complaint relates to be reviewed by a court, or by a tribunal constituted by or under a law of the Territory, the Commissioner shall not investigate, or continue to investigate, the action unless the Commissioner is of the opinion that there are special reasons justifying the investigation or the continued investigation.

(5) Where the Commissioner is of the opinion that a complainant has or had a right to cause the action to which the complaint relates to be reviewed by a court, or by a tribunal constituted by or under a law of the Territory, but has not exercised that right, the Commissioner may decide not to investigate the action or not to investigate the action further, if he or she is of the opinion that, in all the circumstances, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.

(6) Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate action taken by an agency, being action that is the subject matter of a complaint, the Commissioner forms the opinion that adequate provision is made under an administrative practice for the review of action of that kind, the Commissioner may decide not to investigate the action or not to investigate the action further—

        (a)     if the action has been, is being or is to be reviewed under that practice at the request of the complainant; or

        (b)     if the Commissioner is satisfied that the complainant is entitled to cause the action to be reviewed under that practice and it would be reasonable for the complainant to cause it to be so reviewed.

(7) Where a complaint is made to the Commissioner by a complainant at the request of another person or of a body of persons, this section applies as if references to the complainant were references to the person or the body of persons at whose request the complaint is made.

(8) Where the Commissioner decides not to investigate a complaint he or she shall, in the annual report, advert to that decision and to the reasons for it.