Commonwealth Consolidated Acts Commonwealth Consolidated ActsDecision to investigate
(1) The investigating Commissioner must take reasonable steps to give written notice of a decision to investigate a conduct issue to the following:
(a) the respondent;
(b) if any of the following applies--the respondent's employer:
(i) the issue did not arise from a conduct complaint or conduct issue referral;
(ii) the issue arose from a conduct complaint or conduct issue referral and the complainant consents to the giving of the notice;
(iii) the issue arose from a conduct issue referral for which there is no complainant;
(iv) the Commissioner is reasonably satisfied that the issue is relevant to a duty or obligation of the employer under a work health and safety law;
(c) if the issue arose from a conduct complaint or conduct issue referral--the complainant;
(d) if the issue arose from a conduct issue referral--the referrer.
(2) A notice under subsection (1) must set out:
(a) the reasons for the decision; and
(b) details of the conduct issue concerned; and
(c) the effect of section 24CP (requirement to cooperate); and
(d) if the notice is given to the respondent or complainant--information about the services provided by the PWSS under section 15 (support function).
Decision not to investigate
(3) The investigating Commissioner must take reasonable steps to give written notice of a decision not to investigate a conduct issue, or not to investigate a conduct issue further, to the following:
(a) if the Commissioner has previously made the respondent aware of a matter relating to the issue (whether by giving a notice under this Act or otherwise)--the respondent;
(b) any other person to whom the Commissioner has previously given a notice under this Act in relation to the issue;
(c) if the issue arose from a conduct complaint or conduct issue referral--the complainant;
(d) if the issue arose from a conduct issue referral--the referrer.
(4) A notice under subsection (3) must set out the reasons for the decision.