Commentary on Sections Section 93 – Consideration of whether to investigate if conduct complained about
174.The Commissioner is under a duty to consider whether to carry out an investigation under section 71 into whether D has failed to comply with a standard where a person (referred to as “P”) makes a valid complaint to the Commissioner about D’s conduct.
175.To be a valid complaint, the conditions in subsections (3) to (6) must be met. Even if the complaint is valid, the Commissioner is not under a duty to consider whether to carry out an investigation in the circumstances listed in subsection (7).
176.However, in circumstances where the complaint does not satisfy all of the conditions for a valid complaint, or where subsection (7) applies, the Commissioner has the discretion to consider whether to carry out the investigation.
177.Subsection (9) ensures that if a complaint is made under this section by a person acting on behalf of another, in the provisions of this Measure which relate to appeals or further appeals connected with the complaint, a reference to the person who made the complaint (including a case where that person is referred to as “P”) is to be read as a reference to that other person (and not as a reference to the person who made the complaint on that other person’s behalf).