Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p9
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 21329–24142

a person occupying, or acting in, an office or position under a law of Western Australia; and

      (b) a person employed by a body established by or under a law of Western Australia.

  "(7) An arrangement referred to in paragraph (1)(c) may include provision for payment by the other party to the arrangement for the performance of functions by the Ombudsman in accordance with the arrangement.".

Discretion not to investigate certain complaints

22. Section 6 of the Principal Act is amended by adding at the end the following subsections:

  "(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 Australian Broadcasting Authority under Part 11 of the Broadcasting Services Act 1992 and could be more conveniently or effectively dealt with by that Authority;

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 Australian Broadcasting Authority.

"(7) If the Ombudsman makes a decision under subsection (6), the Ombudsman must:

     (a) transfer the complaint to the Authority as soon as is reasonably practicable; and

     (b) give the Authority 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 Authority.

"(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 as an application under Division 4 of Part II of the Merit Protection (Australian Government Employees) Act 1984; and

    (b) that the complaint could be more conveniently or effectively dealt with by the Merit Protection and Review Agency;

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 Agency.

"(10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:

     (a) transfer the complaint to the Merit Protection and Review Agency as soon as is reasonably practicable; and

    (b) give the Agency 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 Agency.

"(11) A complaint transferred under