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

The bill has a strong focus on complainant consent as a general principle. But in circumstances where consent is withdrawn, this could be a ground for the commissioner to decide not to investigate further if an investigation has already commenced. However, a provision in the bill recognises that this may not always be a fair outcome, particularly for a respondent who may wish to have their name cleared, when an investigation has substantially progressed. For this reason, if consent is withdrawn, the bill indicates that a commissioner may consider the progress of the investigation and fairness between the persons affected by the investigation.