New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 13

13 Decision for investigation

(1) Where it appears to the Ombudsman that any conduct of a public authority about which a complaint may be made under section 12 may be conduct referred to in section 26, the Ombudsman may, whether or not any person has complained to the Ombudsman about the conduct, make the conduct the subject of an investigation under this Act.

(2) Subsection (1) has effect notwithstanding anything in any Act passed before the passing of this Act.

(3) The Ombudsman may discontinue an investigation under this Act.

(4) Where any person has complained to the Ombudsman under section 12 about the conduct of a public authority, the Ombudsman, in deciding whether to make that conduct the subject of an investigation under this Act or whether to discontinue an investigation commenced by him or her under this Act:

(a) may have regard to such matters as he or she thinks fit, and

(b) without limiting paragraph (a), may have regard to whether, in his or her opinion:

(i) the complaint is frivolous, vexatious or not in good faith,

(ii) the subject-matter of the complaint is trivial,

(iii) the subject-matter of the complaint relates to the discharge by a public authority of a function which is substantially a trading or commercial function,

(iv) the conduct complained of occurred at too remote a time to justify investigation,

(v) in relation to the conduct complained of there is or was available to the complainant an alternative and satisfactory means of redress, or

(vi) the complainant has no interest or an insufficient interest in the conduct complained of.

(4A) In deciding whether to discontinue an investigation of police conduct, the Ombudsman shall have regard to the public interest.

(5) Notwithstanding any other provision of this section, the Ombudsman shall not investigate the conduct of a public authority, being a local government authority, if that conduct is subject to a right of appeal or review conferred by or under an Act unless the Ombudsman is of the opinion that special circumstances make it unreasonable to expect that right to be or to have been exercised.