OpenLegislation

Regulation 7 Power of the Commissioner to dismiss a complaint

Original text. Later amendments are not shown.

The Commissioner may dismiss a complaint if, or to the extent that—

(a)

the Commissioner considers—

(i)

that the complaint is frivolous or vexatious;

(ii)

that the complaint concerns matters which are more appropriately dealt with in another way;

(iii)

that the complainant has not suffered, and is not likely to suffer, any financial loss, material distress, material inconvenience or other material adverse effect, as a result of the matter to which the complaint relates;

(iv)

that the matter to which the complaint relates has been remedied;

(v)

that the complainant is seeking an outcome other than a recommendation of the kind that can be made under the SBC complaints scheme;

(vi)

that the complaint concerns matters that have been the subject of legal proceedings or adjudication proceedings;

(vii)

that the matter to which the complaint relates has previously been considered under the SBC complaints scheme or by another complaints-handling body, ombudsman or regulator; or

(viii)

that there are other compelling reasons why it is inappropriate for the complaint to be dealt with under the SBC complaints scheme;

(b)

it becomes the subject of legal proceedings or adjudication proceedings; or

(c)

the complainant withdraws the complaint or the complainant otherwise indicates that the complainant no longer wishes to pursue the complaint.