New South Wales Consolidated Acts

ADMINISTRATIVE DECISIONS TRIBUNAL ACT 1997 - SECT 39

39 Inter-relationship between Tribunal and Ombudsman

(1) The President and the Ombudsman may enter into arrangements regarding any of the following:

(a) matters that the Tribunal will refer to the Ombudsman where it considers that the matter can be the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974 and that it would be more appropriate for the Ombudsman to deal with the matter,

(b) matters that the Ombudsman will refer to the Tribunal where the Ombudsman considers that the matter can be the subject of an application for a review to the Tribunal and that it would be more appropriate for the Tribunal to deal with it,

(c) matters that are the subject of an application to the Tribunal and that are also the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974 ,

(d) the co-operative exercise of the respective functions of the Tribunal and Ombudsman.

(2) The President and the Ombudsman are jointly to cause notice of any arrangements entered into under this section to be published in the Gazette as soon as is practicable after they are entered into. However, a failure to publish any such arrangements does not affect their validity.

(3) The Tribunal and the Ombudsman are empowered to exercise their functions in conformity with any relevant arrangements entered into under this section.

(4) An application may be made to the Tribunal for a review of a reviewable decision whether or not a complaint has been made to the Ombudsman in relation to the decision.

(5) Without limiting subsection (3):

(a) the Ombudsman may (despite anything in the Ombudsman Act 1974 ) decline, discontinue or defer a complaint made under that Act to give effect to an arrangement entered into under this section, and

(b) the Ombudsman may (despite any provision of the Ombudsman Act 1974 but in conformity with this Act) disclose any information to the Tribunal duly obtained by the Ombudsman in relation to any matter referred to the Tribunal to give effect to an arrangement entered into under this section, and

(c) the Tribunal may dismiss, adjourn or stay proceedings for an application for the review of a reviewable decision to give effect to an arrangement entered into under this section, and

(d) the Ombudsman may entertain any complaint under the Ombudsman Act 1974 , or the Tribunal may entertain any application for a review of a reviewable decision, duly made by a person on the basis of a referral under arrangements entered into under this section.