This legislation has been repealed.
How is an investigation conducted?158. How is an investigation conducted? (1) The Commission is to conduct an investigation under this Part in the same manner, as nearly as practicable, as if it were a complaint. (1A) For the purposes of subsection (1), the Commission may seek guidance from the Commissioner about how to conduct the investigation as if it were a complaint. (2) If the Commission, after investigation and consultation with the Commissioner, is satisfied that a person has contravened Part 3, 5 or 6 of this Act or Part 2 of the Racial and Religious Tolerance Act 2001, the Commission must refer the matter to the Commissioner for conciliation as if it were a complaint. (3) If the Commission- (a) does not consider it reasonably possible that the matter may be conciliated successfully; or (b) has attempted unsuccessfully to conciliate the matter- the Commission must refer the matter to the Tribunal. (4) Evidence of anything said or done in the course of conciliation under this section is not admissible in proceedings before the Tribunal, or any other proceedings, relating to the matter.