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CRIME AND CORRUPTION ACT 2001 - SECT 44
Dealing with complaints—public officials other than the commissioner of police
44 Dealing with complaints—public officials other than the commissioner of
police
(1) This section does not apply to the police service.
(2) A public official
must deal with a complaint about, or information or matter (also a
"complaint" ) involving, corrupt conduct in the way the public official
considers most appropriate, subject to the commission’s monitoring role.
(3) If the public official is satisfied that— (a) a complaint— (i) is
frivolous or vexatious; or
(ii) lacks substance or credibility; or
(b)
dealing with the complaint would be an unjustifiable use of resources;
the
public official may take no action or discontinue action taken to deal with
the complaint.
(4) A public official may, in an appropriate case, ask the
commission to deal with a complaint in cooperation with the public official.
(5) If a person makes a complaint that is dealt with by the public official,
the public official must give the person a response stating— (a) if no
action is taken on the complaint by the public official or action to deal with
the complaint is discontinued by the public official—the reason for not
taking action or discontinuing the action; or
(b) if action is taken on the
complaint by the public official— (i) the action taken; and
(ii) the reason
the public official considers the action to be appropriate in the
circumstances; and
(iii) any results of the action that are known at the time
of the response.
(6) However, the public official is not required to give a
response to the person— (a) if the person has not given the person’s name
and address or does not require a response; or
(b) if the response would
disclose information the disclosure of which would be contrary to the public
interest.
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