(1)  On receipt of a complaint, the Ombudsman –

(a) may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or

(b) may refer the complaint to the Regulator or a tribunal, a board or another person if the complaint concerns matters which should be investigated by the Regulator or that tribunal, board or other person under any other law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or

(c) must dismiss the complaint if satisfied that –

(i) the complaint lacks substance; or

(ii) the complaint is frivolous, vexatious or was not made in good faith; or

(iii) the complainant became aware of the circumstances that gave rise to the complaint more than 2 years before the complaint was made; or

(iv) the complainant has been given reasonable explanations and information and there would be no benefit in further entertaining the complaint; or

(v) the complaint has been resolved; or

(vi) court proceedings which relate to the subject matter of the complaint have been commenced; or

(vii) all the issues arising out of the subject matter of the complaint have been adjudicated upon or otherwise dealt with by the Regulator or a court, a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or

(d) must investigate the complaint in any other case.

(2)  Subsection (1)(c) does not apply if the Ombudsman is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it.

(3)  Before determining the course of action to be taken under subsection (1) , the Ombudsman may make enquiries and obtain information that the Ombudsman considers necessary or appropriate.

(4)  Subsection (3) does not authorise the exercise of a power under Division 2 .

(5)  Within 14 days after making a determination under subsection (1) , the Ombudsman must provide written notice of the determination –

(a) to the complainant; and

(b) to the energy entity if the Ombudsman has determined to investigate the complaint or refer the complaint to the Regulator or a tribunal, a board or another person.