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18Authority may decide to take no action on complaint

  1. The Authority may in its discretion decide to take no action, or, as the case may require, no further action, on any complaint if—

  2. the complaint relates to a matter of which the person alleged to be aggrieved has had knowledge for more than 12 months before the complaint was made; or
    1. in the opinion of the Authority—
      1. the subject matter of the complaint is minor; or
        1. the complaint is frivolous or vexatious or is not made in good faith; or
          1. the person alleged to be aggrieved does not desire that action be taken or, as the case may be, continued; or
            1. the identity of the complainant is unknown and investigation of the complaint would thereby be substantially impeded; or
              1. there is, or was, in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives, that it would be reasonable, or would have been reasonable, for the person alleged to be aggrieved to exercise.

              2. The Authority may decide not to take any further action on a complaint if, in the course of the investigation of the complaint by the Authority or the Police, or as a result of the Commissioner's report on a Police investigation, it appears to the Authority that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

              3. In any case where the Authority decides to take no action, or no further action, on a complaint, it shall inform the complainant of that decision and the reasons for it.

              Notes
              • Section 18(1)(b)(i): amended, on , by section 18(1) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
              • Section 18(1)(b)(v): substituted, on , by section 18(2) of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).