s. 18 circumstances and the Commissioner thinks it is in the complainant's interest to do so. 18 Representation (1) Neither a person who complains to the Commissioner nor a provider may be represented by another person during the conciliation process unless in the Commissioner's opinion the process will not work effectively without that representation. (2) A person required to appear before, or to produce documents to the Commissioner during the investigation of a complaint may be represented by another person. 19 Preliminary assessment of complaints (1) The Commissioner must reject a complaint which S. 19(1) amended by in the Commissioner's opinion is frivolous, No. 75/2001 vexatious, misconceived or lacking in substance s. 11(1). or does not warrant investigation. (2) If an issue raised in a complaint has already been S. 19(2) amended by determined by a court or the Victorian Civil and Nos 75/2001 Administrative Tribunal or an industrial tribunal s. 11(2)(a)–(c), 77/2008 or a registration board, the Commissioner must s. 129(Sch. 2 reject the complaint to the extent to which it item 11). relates to that issue unless in the Commissioner's opinion it relates to matters which were not raised before the court, Tribunal, industrial tribunal or board. (3) The Commissioner must reject a complaint about an incident which occurred more than 12 months before the complaint is made if in the Commissioner's opinion the person who made the complaint has not shown good reason for the delay. (4) The Commissioner may reject a complaint if, when asked, the person who complained to the Commissioner does not—
circumstances and the Commissioner thinks it is in the complainant's interest to do so. 18 Representation s. 18 (1) Neither a person who complains to the Commissioner nor a provider may be represented by another person during the conciliation process unless in the Commissioner's opinion the process will not work effectively without that representation. (2) A person required to appear before, or to produce documents to the Commissioner during the investigation of a complaint may be represented by another person. 19 Preliminary assessment of complaints S. 19(1) amended by No. 75/2001 s. 11(1). (1) The Commissioner must reject a complaint which in the Commissioner's opinion is frivolous, vexatious, misconceived or lacking in substance or does not warrant investigation. S. 19(2) amended by Nos 75/2001 s. 11(2)(a)–(c), 77/2008 s. 129(Sch. 2 item 11). (2) If an issue raised in a complaint has already been determined by a court or the Victorian Civil and Administrative Tribunal or an industrial tribunal or a registration board, the Commissioner must reject the complaint to the extent to which it relates to that issue unless in the Commissioner's opinion it relates to matters which were not raised before the court, Tribunal, industrial tribunal or board. (3) The Commissioner must reject a complaint about an incident which occurred more than 12 months before the complaint is made if in the Commissioner's opinion the person who made the complaint has not shown good reason for the delay. (4) The Commissioner may reject a complaint if, when asked, the person who complained to the Commissioner does not—
87-25a051.docx