South Australian Consolidated Acts

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OMBUDSMAN ACT 1972 - SECT 17

17—Certain complaints need not be entertained etc

        (1)         The Ombudsman must not proceed with the investigation of a complaint if it appears that—

            (a)         the person by or on whose behalf the complaint is made is an employee; and

            (b)         the complaint relates to an administrative act done by another in the capacity of an employer of that person.

        (2)         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 of the opinion—

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

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

            (c)         that the complainant or the person on whose behalf the complaint was made has not a sufficient personal interest in the matter raised in the complaint; or

            (d)         that having regard to all the circumstances of the case, the investigation or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable.

        (3)         Where a complaint is made and the Ombudsman decides not to investigate the complaint, or to discontinue an investigation, the Ombudsman must inform the complainant of that decision and of the reasons for it.



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