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COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988
(c) items 3 and 6 deal with the prerogative matters of pardon and
honours;
(d) item 4 excludes Government commercial transactions but not
tender procedures;
(e) item 5 is concerned with pay, discipline and conditions of service
of public officers and others serving the Government;
(f) item 7 excludes, in view of his constitutional position, any decision
taken personally by the Governor.
10. It is a matter for the Commissioner to decide, in his discretion, whether or not to carry out an investigation or whether a complaint has been duly made (clause 9).
11. Part IV is concerned with the method of making a complaint and the conditions to be satisfied by complainants. It also specifies those complaints which the Commissioner may, in his discretion, decide not to investigate and those which he shall not investigate.
12. Clause 10(1) excludes from investigation—
(a) complaints made more than 24 months after the decision complained of (unless there are good reasons for the delay), since it would be difficult to investigate a matter fairly if a longer time elapsed;
(b) anonymous complaints;
(c) complaints where the complainant cannot be identified or traced or is unwilling to substantiate his grievance orally; this is to save the time of the Commissioner being wasted on complaints which are not backed by oral evidence;
(d) complaints which are not made by the aggrieved person himself or
his representative;
(e) complaints about actions for which there is a statutory appeal procedure or legal remedy, unless for particular reasons it would not be reasonable to expect it to be pursued.
13. Clause 10(2) gives the Commissioner a discretion not to investigate, or continue to investigate, complaints where there has already been an investigation, or if he thinks the complaint trivial or frivolous, or where the Commissioner thinks an investigation is unnecessary.
14. By clause 10(3), a complainant must be told of a decision not to investigate a complaint and of the reasons for this.
15. Part V sets out the procedure to be followed in an investigation. By clause 11 it is to be held in private and there is no right of audience for solicitor or counsel, since the object is to keep investigations as informal as possible. The head of the department concerned in an investigation must ordinarily be informed and the Commissioner may, or may not, in his discretion, hold a hearing. Nobody has a right to be heard, except a person whom the Commissioner thinks he may criticize in his report, but the Commissioner may in his discretion allow legal representation.