Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 44

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, official misconduct 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 his or her 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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