(1) The Commissioner is not required to investigate, and if an investigation has started may discontinue the investigation of, a public interest disclosure if the Commissioner is or becomes satisfied:
(a) the disclosure is an abuse of process; or
(b) the disclosure is too trivial to warrant investigation; or
(c) there has been excessive delay, of at least 12 months, on the part of the discloser in making the disclosure; or
(d) the disclosure relates to matters occurring so long ago that there is no reasonable prospect of a successful investigation; or
(e) the subject-matter of the disclosure has been already investigated; or
(f) the subject-matter of the disclosure is the subject of proceedings before a court or tribunal, or would be more appropriately dealt with by a court or tribunal; or
(g) the disclosure contains misleading information.
(2) If, under subsection (1), the Commissioner decides not to investigate a public interest disclosure or to discontinue the investigation of a public interest disclosure, within 14 days after the date of the decision, the Commissioner must give written notice of the decision and the reasons for it to:
(a) the discloser; and
(b) if, under section 12, the disclosure was referred to the Commissioner – the person who referred it.