Functions of the Commissioner
8Investigation of complaints against relevant authorities
(1)
Subject to subsection (2) and section 9, the Commissioner may conduct an investigation into a complaint made by an older person that the interests of the older person have been adversely affected by any action taken by a relevant authority.
(2)
The Commissioner may not exercise the Commissioner's power under subsection (1) in relation to a complaint unless the Commissioner is satisfied that—
(a)
the complaint raises a question of principle; and
(b)
the complaint does not fall within an existing statutory complaints system.
(3)
For the purposes of subsection (2), a complaint falls within an existing statutory complaints system if a statutory provision confers power on a person to make the complaint to a body or person and—
(a)
that body or person has power under a statutory provision to investigate the complaint; or
(b)
that body or person would have power under a statutory provision to investigate the complaint but for some exclusion or restriction in that statutory provision.
(4)
Where the Commissioner decides not to conduct an investigation into a complaint made under subsection (1), the Commissioner must prepare a statement of the Commissioner's reasons for that decision and must send a copy of the statement to—
(a)
the complainant; and
(b)
such other persons (if any) as the Commissioner considers appropriate.