Australian Capital Territory Current Acts

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OMBUDSMAN ACT 1989 - SECT 6A

Discretion to refer complaint to another statutory
office-holder

    (1)     This section applies if—

        (a)     the ombudsman forms the opinion that the action to which a complaint under this Act relates is such that—

              (i)     a complaint about the action, or an application or request for the action to be investigated or reviewed, could have been made to a statutory office-holder other than the ombudsman; and

              (ii)     the matter could be more conveniently or effectively dealt with by the statutory office-holder; and

              (iii)     it would otherwise be appropriate in all the circumstances for the complaint to be referred to the statutory office-holder; and

        (b)     the statutory office-holder consents to the reference.

    (2)     The ombudsman may decide not to investigate, or further investigate, the action.

    (3)     If the ombudsman decides not to investigate, or further investigate, the action, the ombudsman must refer the complaint, together with any relevant documents or information in the ombudsman's possession or control, to the statutory office-holder.

    (4)     In this section:

"statutory office-holder" means the holder of an office established by a law of the Territory, the Commonwealth, a State or another Territory.



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