CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 266 Initial assessment of complaint

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 266

    (1)     On receiving the complaint, the Commissioner must decide which of the following actions should be taken:

    (a)     to investigate and resolve the complaint;

    (b)     one or both of the following:

        (i)     not to deal with the complaint;

        (ii)     refer the complaint to someone else for investigation and resolution.

    (2)     The Commissioner may decide not to deal with the complaint only if the Commissioner is satisfied:

    (a)     the complaint lacks substance; or

    (b)     the complaint relates to an act or omission of a police officer; or

    (c)     the complaint should be referred to someone who has an established mechanism to deal with similar complaints; or

    (d)     the matter to which the complaint relates has already been satisfactorily dealt with by the Commissioner or someone else; or

    (e)     the complainant has failed, without reasonable excuse, to comply with a requirement of the Commissioner (for example, giving specified information to the Commissioner); or

    (f)     the complainant does not have a sufficient interest in the matter to which the complaint relates; or

    (g)     the complainant has withdrawn the complaint; or

    (h)     any dealing or further dealing with the complaint is inappropriate, having regard to:

        (i)     a proceeding before a court or tribunal relating to the matter to which the complaint relates; or

        (ii)     the objects and underlying principles of this Act and the resources available to deal with the complaint.

    (3)     If subsection (2)(b) applies, the Commissioner must refer the complaint to the Ombudsman for investigation and resolution.

    (4)     The Commissioner must make the decision under subsection (1) within:

    (a)     28 days after receiving the complaint; or

    (b)     if the Commissioner needs other information for the decision – within 28 days after obtaining the information.

    (5)     This section does not prevent the Commissioner from taking actions under subsection (1)(b) after deciding to investigate and resolve the complaint.