Commentary on Sections Section 2 – Removal of default time limit
16.Section 2 amends section 6 of the 2002 Act so as to remove the one-year time limit (explained in paragraph 8 above). As a result, the fact that a complaint is made more than a year after the complainer could reasonably have become aware of the conduct complained about would no longer be a reason for the Commissioner to find the complaint inadmissible at the first stage of the investigation (on the grounds that it failed to meet the “specified requirements”). Accordingly, the Commissioner will be able to investigate such a complaint (at the second stage) without first reporting to the Parliament and being directed to treat the complaint as if it satisfied the specified requirements.