Northern Territory Consolidated Acts

OMBUDSMAN (NORTHERN TERRITORY) ACT - SECT 18

(1) The Ombudsman may refuse to entertain a complaint, or, having commenced to investigate a matter raised in a complaint, may refuse to continue the investigation if he is of the opinion that:

(a) the matter raised in the complaint is trivial;

(b) the complaint is frivolous or vexatious or is not made in good faith;

(c) the person who claims to be aggrieved has not a sufficient interest in the matter raised in the complaint;

(d) having regard to the circumstances of the case and to such informal inquiries, if any, as he has seen fit to make, the investigation or the continuation of the investigation of the matter raised in the complaint is unnecessary or unjustified; or

(e) the complainant had had knowledge for more than 12 months prior to making the complaint of the action about which the complaint is made and he had failed to give a satisfactory explanation of the delay in making the complaint.

(1A) Where a person who makes a complaint to the Ombudsman under this Act relating to an action of a department or authority to which this Act applies:

(a) has not complained to the department or authority in respect of the action, the Ombudsman may, in his discretion, decide not to investigate the action until the complainant has complained to the department or authority;

(b) has complained to the department or authority in respect of the action, the Ombudsman may, in his discretion, decide not to investigate the action until the complainant informs the Ombudsman that no redress has been granted or that redress has been granted but the redress is not, in the opinion of the complainant, adequate; or

(c) has complained to the department or authority in respect of the action, informs the Ombudsman as provided by paragraph (b) that no redress, or no adequate redress, has been granted by the department or authority and the Ombudsman is of the opinion if:

(i) no redress has been granted - that since the complainant complained to the department or authority, a reasonable period has elapsed in which redress could have been granted; or

(ii) redress has been granted - that the redress was not reasonably adequate,

the Ombudsman shall, subject to this section, investigate the action.

(2) For the purposes of subsection (1)(e), a complainant shall be deemed to have first had knowledge of the matters alleged in the complaint at the time when he might reasonably be expected to have had that knowledge.

(3) Where the Ombudsman is precluded from entertaining a complaint or refuses to entertain a complaint or refuses to continue an investigation of any matter raised in a complaint, he shall inform the complainant of his decision and the reasons for that decision.