OMBUDSMAN ACT 1974 - SECT 12 Right to complain

OMBUDSMAN ACT 1974 - SECT 12

12 Right to complain

(1) Subject to this section, any person (including a public authority) may complain to the Ombudsman about the conduct of a public authority unless--

(a) the conduct is of a class described in Schedule 1,

(b) the conduct took place more than twelve months before the date of assent to this Act,

(c) the conduct took place during the period of twelve months that last preceded the date of assent to this Act and the complaint was made more than twelve months after the appointed day, or

(d) the conduct, being conduct of a local government authority, took place before the day appointed and notified under section 2 (2) of the Ombudsman (Amendment) Act 1976 .

Note 1 : Protections may be available under the following provisions to persons who make a complaint under this section--

(a) the Public Interest Disclosures Act 2022 , Part 3--if the complaint is a public interest disclosure,

(b) Part 4B--if the making of the complaint is protected action within the meaning of the Part.

Note 2 : The Public Interest Disclosures Act 2022 , section 58 confers additional investigative powers on the Ombudsman in relation to certain public interest disclosures.

(2) Where a person wishes to make a complaint under subsection (1), the complaint may, with the consent of that person, be made on his or her behalf by a member of Parliament.

(3) If a person detained by, or in the custody of, a public authority (a
"detained person" ) requests to make a complaint to the Ombudsman, the public authority or other person superintending the detained person must--

(a) take all steps necessary to facilitate the making of the complaint by the detained person, and

(b) if the complaint is made orally--make reasonable arrangements for the detained person to make the complaint in a way that is not recorded or monitored, and

(c) if the complaint is made in writing--send to the Ombudsman, as soon as practicable, the written matter addressed to the Ombudsman, unopened.

(4) A complaint under subsection (1), and a consent for the purposes of subsection (2), must be in writing.

(4A) However, the Ombudsman--

(a) may accept a complaint that is not in writing if the Ombudsman considers it appropriate to do so, and

(b) in that event, must reduce the complaint to writing as soon as practicable.

(5) Where a member of Parliament acts for a person under subsection (2) the member does not, except for the purposes of sections 15, 16, 26 (4) and 29, thereby become the complainant.

(6) Where a member of Parliament publishes to a person for whom the member acts under subsection (2) any matter, or a copy of any matter, published to the member by the Ombudsman, the publication has, for all purposes, the same effect as if it had been published to that person by the Ombudsman.