Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 11

             (1)  Where:

                     (a)  a complaint is made to the Inspector‑General in respect of action taken by an agency; and

                     (b)  inquiring into the action in response to a complaint is within the functions of the Inspector‑General referred to in section 8;

the Inspector‑General shall, subject to this section, inquire into the action.

             (2)  Where a complaint is made to the Inspector‑General in respect of action taken by an agency, the Inspector‑General may decide not to inquire into the action or, if the Inspector‑General has commenced to inquire into the action, decide not to inquire into the action further if the Inspector‑General is satisfied that:

                     (a)  the complainant became aware of the action more than 12 months before the complaint was made;

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

                     (c)  having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.

             (3)  Where a complainant has exercised or exercises a right to cause the action to which a complaint relates to be reviewed by a court or a tribunal, the Inspector‑General shall not inquire into, or continue to inquire into, the action unless the Inspector‑General is of the opinion that there are special reasons for doing so.

             (4)  Where the Inspector‑General is of the opinion that a complainant has or had a right to cause action to which a complaint relates to be reviewed by a court or a tribunal but has not exercised that right, the Inspector‑General may decide not to inquire into the action or not to inquire into the action further if, in the opinion of the Inspector‑General, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.

             (5)  The Inspector‑General shall not inquire into the matters to which a complaint of the kind referred to in subsection 8(6) relates in respect of action taken by an agency if the Inspector‑General is satisfied that:

                     (a)  the procedures of that agency relating to redress of grievances of employees of that agency are adequate and effective;

                     (b)  the complainant has not pursued those procedures as far as practicable; or

                     (c)  the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.