Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the Ombudsman forms the opinion that:
(a) a complainant has complained, or could complain, to the Inspector - General of Intelligence and Security under the Inspector - General of Intelligence and Security Act 1986 in relation to action taken by:
(i) ACC (except action taken by an examiner of ACC performing functions or exercising powers as an examiner); or
(ii) the Australian Federal Police; and
(b) the complaint could be more appropriately or effectively dealt with by the Inspector - General of Intelligence and Security.
Requirement to consult with Inspector - General of Intelligence and Security
(2) The Ombudsman:
(a) must consult the Inspector - General of Intelligence and Security about the complaint or the part of the complaint that relates to the action; and
(b) may decide not to investigate the action, or not to continue to investigate the action.
Transfer to Inspector - General of Intelligence and Security
(3) If the Ombudsman decides not to investigate, or not to continue to investigate, an action under paragraph (2)(b), and the Inspector - General of Intelligence and Security agrees to the transfer of the complaint or the part of the complaint, the Ombudsman must:
(a) transfer the complaint or part to the Inspector - General of Intelligence and Security; and
(b) as soon as is reasonably practicable, take reasonable steps to give the complainant written notice that the complaint or part has been transferred; and
(c) give the Inspector - General of Intelligence and Security any information or documents relating to the complaint or part that are in the possession, or under the control, of the Ombudsman.
Relationship with other provisions
(4) This section does not limit the power of the Ombudsman to transfer a complaint or part of a complaint to the Inspector - General of Intelligence and Security under another provision of this Act or any other Act.
(5) Subsection 35(2) does not prevent the Ombudsman, or an officer acting on behalf of the Ombudsman, from giving information or documents under paragraph (3)(c) of this section.