(b) may be made by any person, or by any body of persons, whether
incorporated or not (
"complainant" ), apparently directly affected by the action; and
(c) must be
made within 1 year after the day the complainant first had notice of the
action.
(2) For subsection (1) (c) , a complainant is taken to have had
notice of the action at the time the complainant might reasonably be expected
to have had notice of the action.
(3) Despite subsection (1) , the ombudsman
may—
(a) decline to investigate an oral complaint until the complaint is put
in writing; or
(b) accept a complaint made for a complainant by a person
apparently representing the complainant; or
(c) accept a complaint after the
end of the period mentioned in subsection (1) (c) if the ombudsman considers
it is proper to accept the complaint because special circumstances exist; or
(d) accept a complaint even though the complaint may not on its face be
against an administrative action or agency if the ombudsman considers there is
a likelihood that the cause for complaint arose from an administrative action.
(4) The ombudsman may, if the ombudsman considers it necessary for achieving
the objects of this Act for a particular complaint, give a person the help
necessary to put the complaint in writing.
(5) However, if the person who
could have made a complaint under this Act has died or the ombudsman considers
the person can not, for any reason, act for himself or herself, the complaint
may be made by an individual who is, in the ombudsman’s opinion, suitable to
represent the person (also a
"complainant" ).
(6) Also, if a person making the complaint is in custody or
detention, the relevant custodian must ensure all necessary steps are taken to
facilitate the making of the complaint.
Penalty—
Maximum penalty for
subsection (6) —100 penalty units or 1 year’s imprisonment.
(7) In this
section—
"relevant custodian" means—
(a) if the person making the complaint is in the
custody of the chief executive (corrective services)—the chief executive
(corrective services); or
(b) otherwise—the person in charge of the place
of custody or detention.