New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 35B

35B Application to Supreme Court

(1) Where any question arises as to the jurisdiction of the Ombudsman to conduct an investigation or proposed investigation (whether under this or any other Act), the Ombudsman, or any interested party, may apply to the Supreme Court for a determination of that question.

(2) On an application made under subsection (1) the Supreme Court may make such order as it considers appropriate.

(3) For the purposes of subsection (1), the following persons are interested parties:

(a) the public authority the conduct of which is the subject of the investigation or proposed investigation,

(b) the head of that public authority,

(c) if the investigation arises from the making of a complaint under section 12 (1), the complainant.

(3A) For the purposes of subsection (1), the following persons are interested parties in relation to the investigation of a community services complaint within the meaning of Part 4 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 :

(a) a service provider or a provider of a visitable service that is the subject of the investigation or proposed investigation,

(b) the chief executive or principal officer of that service provider or service,

(c) if the investigation arises from the making of a complaint under that Act, the complainant.

(4) This section has effect notwithstanding section 35A.