New South Wales Consolidated Acts

COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 24

24 Application of Ombudsman Act 1974 to complaints under this Act

(1) The Ombudsman Act 1974 (other than section 12 (1) and (4) of that Act) applies to or in respect of a complaint made under this Act about the conduct of a service provider, and any conduct of a service provider, in the same way that it applies to or in respect of a complaint made under that Act about the conduct of a public authority or to conduct of a public authority.

(2) For that purpose:

(a) a complaint made under this Act is taken to be a complaint made under section 12 (1) of the Ombudsman Act 1974 , and

(b) section 13 (1) of that Act applies to conduct about which a complaint could be made under this Act, and

(c) a service provider (including any person who is an employee of, or who acts for or on behalf of, a service provider) is taken to be a public authority, and

(d) the Ombudsman has the same functions in relation to the investigation of, reporting on and furnishing of information about a complaint under this Act as the Ombudsman has under the Ombudsman Act 1974 , and

(e) section 26A of that Act applies in respect of a report by the Ombudsman about a complaint made under this Act.

(2A) However, the Ombudsman Act 1974 as applied by this section applies, in relation to a complaint made under this Act about the conduct of a service provider that is not a government agency (and in relation to any conduct of such a service provider), subject to any modifications prescribed by the regulations.

(3) Despite subsection (1), the Ombudsman is not required to give notice of a complaint or an investigation if the giving of notice will or is likely to:

(a) prejudice the investigation of the complaint, or

(b) place the health or safety of a person to whom a service is provided at risk, or

(c) place the complainant at risk of intimidation or harassment.

Note: Under the Ombudsman Act 1974 , the Ombudsman may make preliminary inquiries about a complaint, deal with a complaint by conciliation or investigate a complaint and may investigate conduct whether or not there has been a complaint.