Customers can request an investigation by submitting an Investigation Request Kit to the RTA.
Once the RTA receives the kit, it will be assigned to an investigator within two weeks (this may be longer in peak periods).
It is important to carefully read and provide all the requested information and evidence when submitting the kit. The investigator will assess the information and evidence provided in the kit, including whether the matter is suitable for investigation and the investigator will contact the customer for any further information.
The RTA is a regulator and is therefore committed to conducting investigations in a way that is fair and equitable to both parties.
Responding to allegations
If an offence is identified, the other party involved will be notified in writing. The letter outlines the allegations made, including the name of the customer and the relevant section/s of the Act.
The party will be provided a chance to formally respond and provide their own evidence. There is no obligation to participate in the investigation process. Any information provided may be used as evidence in court.
The investigator will carefully consider all the information and evidence provided by all parties to determine if an offence has occurred. Where an offence has occurred, the investigator will provide an outcome in proportion to the offence:
Several factors are considered when determining which outcome to take.
The parties involved will be notified of the outcome before the case is closed.
An investigation may take anywhere from a few weeks to several months, depending on the complexity and seriousness of the case. The investigator will discuss individual case length with the customer.
Investigations that proceed to prosecution may take over a year to finalise at court.
Investigators have powers under the Act to search a property, inspect documents and require individuals and/or organisations to disclose information in certain circumstances. Investigators do not have the power to recover bond money or order compensation to be paid.