Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 46

46 Dealing with complaints--commission

(1) The commission deals with a complaint about, or information or matter (also a complaint) involving, misconduct by--

(a) expeditiously assessing each complaint about misconduct made or notified to it, or otherwise coming to its attention; and
(b) taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34.

(2) The commission may take the following action--

(a) deal with each complaint about official misconduct that it considers should not be referred to a public official to be dealt with;
(b) refer a complaint about official misconduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission's monitoring role;
(c) without limiting paragraph (b), refer a complaint about official misconduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with;
(d) if it is a complaint about police misconduct notified to the commission by the commissioner of police--allow the commissioner of police to continue to deal with the complaint, subject to the commission's monitoring role;
(e) if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police--give the complaint to the commissioner of police to be dealt with, subject to the commission's monitoring role;
(f) if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official--
(i) deal with the complaint; or
(ii) deal with the complaint in cooperation with the public official; or
(iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission's monitoring role;
(g) if the commission is satisfied that--
(i) the complaint--
(A) is frivolous or vexatious; or
(B) lacks substance or credibility; or
(ii) dealing with the complaint would be an unjustifiable use of resources;
take no action or discontinue action.

(3) If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating--

(a) if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission--the reason for not taking action or discontinuing the action; or
(b) if action is taken on the complaint by the commission--
(i) the action taken; and
(ii) the reason the commission 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.

(4) However, the commission is not required to give a response--

(a) to the person if--
(i) the person has not given his or her name and address or does not require a response; or
(ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or
(b) that discloses information the disclosure of which would be contrary to the public interest.

(5) Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official's functions.



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