OMBUDSMAN ACT 2001 - SECT 23 Refusal to investigate complaint

OMBUDSMAN ACT 2001 - SECT 23

23 Refusal to investigate complaint

(1) The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that—

(a) the complaint is trivial; or

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

(c) the complainant does not have a sufficient direct interest in the action complained of; or

(d) both of the following apply—

(i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;

(ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or

(e) both of the following apply—

(i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted;

(ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or

(f) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.

(2) Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint.

(3) A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court.

(4) If the ombudsman—

(a) can not investigate a complaint; or

(b) refuses to investigate a complaint; or

(c) refuses to continue an investigation of a complaint;

the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable.