Division 1 - Investigation of complaints and investigations on the Commissioner's initiative  



For the purposes of performing the Commissioner ' s functions in relation to a complaint, the Commissioner may, by written notice, direct:

(a) the complainant;

(b) the respondent; and

(c) any other person who, in the opinion of the Commissioner, is likely to be able to provide information relevant to the matter to which the complaint relates or whose presence at the conference is, in the opinion of the Commissioner, likely to assist in connection with the performance of the Commissioner ' s functions in relation to the complaint;

to attend, at a time and place specified in the notice, a conference presided over by the Commissioner.


A person who has been directed to attend a conference and who:

(a) fails to attend as required by the direction; or

(b) fails to attend from day to day unless excused, or released from further attendance, by the Commissioner;

commits an offence punishable on conviction:

(c) in the case of an individual - by imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both; or

(d) in the case of a body corporate - by a fine not exceeding 50 penalty units.


Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

A person who has been directed under subsection (1) to attend a conference is entitled to be paid by the Commonwealth a reasonable sum for the person ' s attendance at the conference.

The Commissioner may, in a notice given to a person under subsection (1), require the person to produce such documents at the conference as are specified in the notice.


Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.