Electricity Act 1992

Disciplinary provisions - Investigations

146: Investigation of complaint

You could also call this:

"How complaints are looked into and what happens next"

When someone makes a complaint, the investigator might ask you to make a formal statement called a statutory declaration to support your complaint. This is like making a promise that what you're saying is true.

The investigator has two main jobs. First, they need to decide if they think the Board should look at the complaint. Second, they need to tell the Board what they found out.

If the investigator thinks it's necessary, they can suggest that the Board make a temporary order about the person who's being complained about. This order would be in place while they're still figuring out if the person did something wrong.

Before the investigator decides if the Board should look at the complaint, they or the Secretary need to do two things. They need to tell the person being complained about what the complaint is about. They also need to give that person a fair chance to respond. The person can write a response or speak about it themselves or have someone speak for them.

After the investigator finishes looking into things, the Registrar has to send a copy of the investigator's report to both the person who made the complaint and the person who was complained about.

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"The Secretary chooses someone to check out complaints"


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Part 11Disciplinary provisions
Investigations

146Investigation of complaint

  1. The investigator may require that a complaint be supported by any statutory declaration that the investigator thinks fit.

  2. The investigator must—

  3. determine whether, in the investigator's opinion, the complaint should be considered by the Board; and
    1. report the investigator's findings to the Board.
      1. The investigator may recommend that the Board make an order under section 147I in respect of the person complained against pending the determination of disciplinary proceedings against that person.

      2. Before the investigator makes a determination that the complaint should be considered by the Board, the investigator or the Secretary—

      3. must send particulars of the complaint to the person complained against; and
        1. must give the person a reasonable opportunity to make written submissions and be heard on the matter, either personally or by that person's representative.
          1. The Registrar must send a copy of the investigator's report under subsection (2) to the person complained against and to the complainant.

          Notes
          • Section 146: substituted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).