Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p6
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 14039–16824

a complaint, the Ombudsman forms the opinion that:

    (a) a complaint with respect to the action has been, or could have been, made by the complainant to ESRA under Part 4.7 of the Employment Services Act 1994; and

    (b) the action could be more conveniently or effectively dealt with by ESRA;

the Ombudsman 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 must:

    (c) transfer the complaint to ESRA; and

    (d) forthwith give written notice to the complainant stating that the complaint has been so transferred; and

    (e) give to ESRA any information or documents that relate to the complaint and are in the possession, or under the control, of the Ombudsman.

"(4H) A complaint transferred under subsection (4G) is taken to be a complaint made to ESRA under Part 4.7 of the Employment Services Act 1994.".

Disclosure of information by Ombudsman

18. Section 35A of the Principal Act is amended by inserting after subsection (3) the following subsections:

"(3A) If:

    (a) the Ombudsman has information about a particular case manager; and

    (b) the information is relevant to the performance of the functions, or the exercise of the powers, of ESRA; and

    (c) in the opinion of the Ombudsman, it is:

       (i) in the interests of ESRA, the case manager or a complainant; or

       (ii) otherwise in the public interest;

to disclose the information to ESRA or to make a statement about the information to ESRA;

this Act does not prevent the Ombudsman from disclosing the information, or making the statement, to ESRA.

"(3B) Subsection (3A) does not, by implication, limit the generality of subsection (1).

";(3C) The Ombudsman must not disclose information, or make a statement about information, under subsection (3A) if:

    (a) the information was obtained in the course of a particular investigation; and

    (b) the disclosure of the information, or the making of the statement, is likely to interfere with:

       (i) the carrying out of that or any other investigation under this Act; or

       (ii) the making of a report under this Act.

"(3D) The Ombudsman must not disclose information, or make a statement about information, under subsection (3A) if:

    (a) the information was obtained as a result of the making of inquiries under section 7A; and

    (b) the disclosure of the information, or the making of the statement, is likely to interfere with:

       (i) the making of those or any other inquiries under section 7A; or

       (ii) the carrying out of an investigation under this Act; or

       (iii) the making of a report under this Act.

"(3E) The Ombudsman must not, in disclosing information, or making a statement,