Commonwealth Numbered Acts

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 11

11. Section 24 of the Principal Act is amended -

   (a)  by omitting sub-sections (1) and (2) and substituting the following
        sub-sections:

"(1) Where a complaint has been made to the Ombudsman under this Part or
particulars of a complaint have been furnished to the Ombudsman in accordance
with section 6, the Ombudsman may, in his discretion, determine that the
complaint should not be investigated, or investigated further, as the case
requires, under this Act -

   (a)  if he is satisfied that the complainant became aware of the
action complained of more than 12 months before the
complaint was made;

   (b)  if, in his opinion -

        (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;

   (c)  if a person has been charged with an offence or breach of
discipline in relation to the action complained of; or

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

"(2) Where the Ombudsman is satisfied, with respect to a complaint referred to
in sub-section (1), that the complainant has exercised a right to cause the
action complained of to be reviewed by a court or tribunal constituted by or
under a law, the Ombudsman shall determine that the action should not be
investigated, or investigated further, as the case requires, under this Act
unless he is of the opinion that there are special reasons why the action
should be investigated, or investigated further, under this Act.

"(2A) Where the Ombudsman is satisfied, with respect to a complaint referred
to in sub-section (1), that the complainant has or had a right to cause the
action complained of to be reviewed by a court or tribunal constituted by or
under a law but has not exercised that right, the Ombudsman may determine that
the action should not be investigated, or investigated further, as the case
requires, under this Act if he is of the opinion that, in all the
circumstances of the case, it would be reasonable for the complainant to
exercise, or would have been reasonable for the complainant to have exercised,
that right.";

   (b)  by omitting from sub-section (3) "or (2)" and substituting ", (2) or

(2A) ";

   (c)  by omitting from sub-section (4) "or (2)" and substituting ", (2) or

(2A) ";

   (d)  by inserting after sub-section (4) the following sub-section:

"(4A) The Ombudsman may from time to time make with the Commissioner an
arrangement in relation to actions in respect of which complaints referred to
in sub-section (1) are made, being actions included in a class or classes of
actions specified in the arrangement, providing for the manner in which, and
the period within which, the Ombudsman is to inform the Commissioner of a
determination referred to in sub-section (1), (2) or (2A) and of the reasons
for the determination."; and

   (e)  by omitting from sub-section (5) "is made to the Ombudsman under this
        Part" and substituting "referred to in sub-section (1) is made".