Document ID: chunk:federal_register_of_legislation:C2025C00095:section:6:p3
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 6 (pt 3/5)
Character Range: 64668–67327

may decide not to investigate the action, or not to investigate the action further, as the case may be, and, if the Ombudsman so decides, the Ombudsman shall:
 (c) transfer the complaint to the ACMA;
 (d) forthwith give notice in writing to the complainant stating that the complaint has been so transferred; and
 (e) give to the ACMA any information or documents that relate to the complaint and are in the possession, or under the control, of the Ombudsman.
 (4E) A complaint transferred under subsection (4D) shall be taken to be a complaint made to the ACMA under Part 26 of the Telecommunications Act 1997.
 (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.
 (6) If the Ombudsman forms the opinion:
 (a) that a complaint relates to action of a prescribed authority that is a national broadcasting service for the purposes of the Broadcasting Services Act 1992; and
 (b) that the complaint could have been made to the ACMA under Part 11 of the Broadcasting Services Act 1992 and could be more conveniently or effectively dealt with by the ACMA;
the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and to transfer the complaint to the ACMA.
 (7) If the Ombudsman makes a decision under subsection (6), the Ombudsman must:
 (a) transfer the complaint to the ACMA as soon as is reasonably practicable; and
 (b) give the ACMA any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
 (c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ACMA.
 (8) A complaint transferred under subsection (7) is to be taken to be a complaint made under Part 11 of the Broadcasting Services Act 1992.
 (9) If the Ombudsman forms the opinion:
 (a) that a complaint could have been made under the Public Service Act 1999; and
 (b) that the complaint could be more conveniently or effectively dealt with by the Australian Public Service Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Australian Public Service Commissioner.
 (10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:
 (a) transfer the complaint to the Australian Public Service Commissioner as soon as is reasonably practicable; and