OMBUDSMAN ACT 2009 - SECT 67 When Ombudsman may decline to deal with complaint

OMBUDSMAN ACT 2009 - SECT 67

    (1)     The Ombudsman may decline to deal with, or discontinue dealing with, a police complaint if satisfied:

        (a)     the complaint is:

            (i)     trivial; or

            (ii)     frivolous or vexatious; or

            (iii)     not made in good faith; or

        (b)     the complainant does not have a sufficient interest in the conduct that is the subject of the complaint and there are no special reasons justifying dealing with the conduct under this Part; or

        (c)     disciplinary procedures have been started against the police officer whose conduct is the subject of the complaint for a breach of discipline in relation to the conduct; or

        (d)     the police officer whose conduct is the subject of the complaint has been charged with an offence in relation to the conduct; or

        (e)     dealing with the complaint is not in the public interest.

    (2)     In addition, the Ombudsman may decline to deal with a police complaint to the extent the Ombudsman is satisfied a complaints entity has investigated, or will investigate, the conduct complained of at a level at least substantially equivalent to the level at which the Ombudsman would otherwise investigate the complaint.