B.10.02.R1 Frivolous or Vexatious Complaints (National Requirement)

Frivolous or Vexatious Complaint

A frivolous or vexatious complaint includes a complaint that:

• Is an abuse of the complaint process
• Is not made in good faith
• Attempts to re-open an issue that has been properly resolved by raising the same issue again or a similar issue or issues.

Frivolous or Vexatious Complaints do not have to be Investigated

1. The Prison Manager may refuse to investigate a complaint if he or she considers the complaint is frivolous or vexatious. All complaints thought to be frivolous or vexatious must be considered on a case by case basis.
2. If a Prison Manager is considering refusing to investigate a complaint because it is frivolous or vexatious, he or she must consult with the Assistant General Manager Operations at PS National Office before making a decision.
3. If a complaint is not investigated because the Prison Manager decides that the complaint is frivolous or vexatious, the Prison Manager must ensure that the prisoner is promptly notified in writing (by completing the ‘agreed action’ section on the IOMS form and providing the prisoner with a copy of this form) and if practicable also advised orally, of the decision not to investigate the complaint.
4. If a complaint is not investigated because the Prison Manager decides that the complaint is frivolous or vexatious, the Prison Manager must ensure that the prisoner is told about their right to complain to an official agency (e.g. the Office of the Ombudsmen or an Inspector of Corrections).

Register of Frivolous or Vexatious Complaints

1. A register of all complaints not investigated, because the Prison Manager considers them to be frivolous or vexatious, must be maintained.
2. This register should be made up of completed IOMS forms (B.10.01.F1) where the ‘agreed action’ section of the form indicates that the complaint was not investigated because it was considered to be frivolous or vexatious. The register should also contain evidence that this decision was made in consultation with the Assistant General Manager Operations at PS National Office.