Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p10
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 23886–26743

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 subsection (10) is to be taken to be an application made under Division 4 of Part II of the Merit Protection (Australian Government Employees) Act 1984.

"(12) If the Ombudsman forms the opinion that action in respect of which a complaint has been made relates to a commercial activity of a Department or prescribed authority, the Ombudsman may decide not to investigate the complaint, or to cease investigating the complaint, as the case may be.

  "(13) If the Ombudsman forms the opinion:

    (a) that a complaint relates to action taken by a Department or a prescribed authority; and

    (b) that the complaint could be more conveniently or effectively dealt with by the industry ombudsman for a particular industry;

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 that industry ombudsman.

"(14) If the Ombudsman makes a decision under subsection (13), the Ombudsman must:

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

    (b) give the industry ombudsman such information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman as the Ombudsman believes are reasonably necessary to enable the industry ombudsman to deal effectively with the complaint; and

    (c) as soon as is reasonably practicable, give the complainant written notice of the transfer of the complaint.

"(15) For the purposes of subsection (13), the industry ombudsman for a particular industry is the person holding, or acting in, the office or appointment declared by the regulations to be the office or appointment the holder of which is the ombudsman for that industry.".

Investigations

23. Section 8 of the Principal Act is amended by omitting subsection (8) and substituting the following subsection:

"(8) The Ombudsman may, either before or after the completion of an investigation under this Act, discuss any matter relevant to the investigation with:

  (a) the responsible Minister; or

  (b) any other Minister concerned with the matter.".

Power to examine witnesses

24. Section 13 of the Principal Act is amended by adding at the end the following subsection:

"(2) A person before whom another person (in this subsection called the 'respondent') attends in accordance with a notice under subsection 9(2) may:

  (a) administer an oath or affirmation to the respondent; and

  (b) examine the respondent on oath or affirmation.".

Reports where appropriate action not taken on Ombudsman's report