Commentary on Sections Section 14 - Formal investigations: exclusions
This Section prevents the Commissioner from carrying out a formal investigation into a matter in respect of which he or she has previously brought, intervened in, or provided assistance with legal proceedings.  This is to ensure that there is no conflict between the Commissioner’s legal and investigatory roles.  However if the Commissioner, through Section 10 acts as amicus curiae in a court case (see notes on Section 10 for what this means) this does not prevent the Commissioner from carrying out a Formal Investigation.