Commonwealth Numbered Acts

OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 6

6. (1) Where a complaint has been made to the Ombudsman with respect to action
taken by a Department or by a prescribed authority, the Ombudsman may, in his
discretion, decide not to investigate the action or, if he has commenced to
investigate the action, decide not to investigate the action further-

   (a)  if the Ombudsman is satisfied that the complainant became aware of the
        action more than 12 months before the complaint was made to the
        Ombudsman and that his declining to investigate the action, or to
        investigate the action further, will not cause undue hardship to the
        complainant;

   (b)  if, in the opinion of the Ombudsman-

        (i)    the complaint is frivolous or vexatious or was not made in good
               faith; or

        (ii)   the complainant does not have a sufficient interest in the
               subject matter of the complaint,

and there are no special reasons justifying the investigation of the action,
or the investigation of the action further; or

   (c)  if, in the opinion of the Ombudsman, investigation, or further
        investigation, of the action is unnecessary having regard to all the
        circumstances of the case.

(2) Where a complainant has exercised, or exercises, a right to cause action
to which his complaint relates to be reviewed by a court or by a tribunal
constituted by or under an enactment, the Ombudsman shall not investigate, or
continue to investigate, as the case may be, the complaint unless the
Ombudsman is of the opinion that there are special reasons justifying the
investigation of the complaint or the investigation of the complaint further.

(3) Where the Ombudsman is of the opinion that a complainant has or had a
right to cause the action to which the complaint relates to be reviewed by a
court or by a tribunal constituted by or under an enactment but has not
exercised that right, the Ombudsman shall not investigate, or continue to
investigate, as the case may be, the complaint unless the Ombudsman is of the
opinion that, in all the circumstances of the case, the failure to exercise
the right is not or was not unreasonable.

(4) Where, before the Ombudsman commences, or after the Ombudsman has
commenced, to investigate action taken by a Department or by a prescribed
authority, being action that is the subject matter of a complaint, the
Ombudsman becomes of the opinion that adequate provision is made under an
administrative practice for the review of action of that kind taken by that
Department or prescribed authority, the Ombudsman may decide not to
investigate the action or not to investigate the action further, as the case
may be-

   (a)  if the action has been, is being or is to be reviewed under that
        practice at the request of the complainant; or

   (b)  if the Ombudsman is satisfied that the complainant is entitled to
        cause the action to be reviewed under that practice and it would be
        reasonable for the complainant to cause it to be so reviewed.

(5) Where a complaint is made to the Ombudsman by a complainant at the request
of another person or of a body of persons, this section applies as if
references to the complainant were references to the person or the body of
persons at whose request the complaint is made.