Document ID: chunk:federal_register_of_legislation:C2025C00095:section:6:p1
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 6 (pt 1/5)
Character Range: 59858–62535

6  Discretion not to investigate certain complaints
 (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 or her discretion, decide not to investigate the action or, if he or she 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; or
 (b) if, in the opinion of the Ombudsman:
 (i) the complaint is frivolous or vexatious or was not made in good faith;
 (ii) the complainant does not have a sufficient interest in the subject matter of the complaint; or
 (iii) an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.
 (1A) Where a person who makes a complaint to the Ombudsman with respect to action taken by a Department or by a prescribed authority has not complained to the Department or authority with respect to that action, the Ombudsman may, in his or her discretion, decide not to investigate the action until the complainant so complains to the Department or authority.
 (1B) Where a person who makes a complaint to the Ombudsman with respect to action taken by a Department or prescribed authority has complained to the Department or authority with respect to that action, the Ombudsman may, in his or her discretion, decide not to investigate the action unless and until the complainant informs the Ombudsman that no redress has been granted or that redress has been granted but the redress is not, in the opinion of the complainant, adequate.
 (1C) Where:
 (a) a person who has made a complaint to the Ombudsman with respect to action taken by a Department or by a prescribed authority and who has complained to the Department or authority with respect to that action informs the Ombudsman as provided by subsection (1B) that no redress, or no adequate redress, has been granted by the Department or authority; and
 (b) the Ombudsman is of the opinion:
 (i) if no redress has been granted—that, since the complainant complained to the Department or authority, a reasonable period has elapsed in which redress could have been granted; or
 (ii) if redress has been granted—that the redress was not reasonably adequate;
the Ombudsman shall, subject to this section, investigate the action.
 (2) Where a complainant has exercised, or exercises, a right to cause action to which his or her complaint relates to be reviewed by a court or by a tribunal constituted by or under an enactment, the Ombudsman shall not investigate,