Document ID: chunk:federal_register_of_legislation:C2013A00134:clause:1_9
Version: federal_register_of_legislation:C2013A00134
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 10428–11935

9  After subsection 6(10)
Insert:
 (11) In considering whether to make a decision under subsection (9) relating to a complaint that includes an allegation of misconduct by an Agency Head, the Ombudsman must consult with the Australian Public Service Commissioner.
 (11A) If the Ombudsman forms the opinion:
 (a) that a complaint could have been made under the Parliamentary Service Act 1999; and
 (b) that the complaint could be more conveniently or effectively dealt with by the Parliamentary 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 Parliamentary Service Commissioner.
 (11B) If the Ombudsman makes a decision under subsection (11A), the Ombudsman must:
 (a) transfer the complaint to the Parliamentary Service Commissioner as soon as is reasonably practicable; and
 (b) give the Parliamentary Service Commissioner 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 Parliamentary Service Commissioner.
 (11C) In considering whether to make a decision under subsection (11A) relating to a complaint that includes an allegation of misconduct by the Secretary of a Parliamentary Department, the Ombudsman must consult with the Parliamentary Service Commissioner.