Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

Generally IPSC commissioners would investigate a complaint only if the complainant consented to an investigation. As an exception, the bill provides that a commissioner may decide to investigate a complaint without complainant consent if they are reasonably satisfied that a serious risk to work health or safety arises or could arise from the conduct concerned. This is entirely consistent with the Work Health and Safety Act where that act does not require complainant consent to take action to address a work health or safety issue.

However, consistent with the Set the standard report, the IPSC could not investigate an allegation of sexual assault or assault without the complainant's consent. It should be emphasised that the IPSC has a discretion to investigate under the work health and safety ground. Whether a workplace investigation is warranted will depend on the circumstances. And if a complainant does not want to be involved then commissioners will need to assess whether it is practical and appropriate to investigate.