AustLII Tasmanian Consolidated Acts

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OMBUDSMAN ACT 1978 - SECT 19

19. Time limit on bringing complaints, &c.

      (1) Except pursuant to a complaint or reference under this Division, the Ombudsman shall not commence an investigation into any administrative action alleged to have been taken by or on behalf of a public authority where more than 2 years have elapsed since the action was alleged to have been taken.

      (2) Where, with respect to a complaint, the Ombudsman is satisfied that the action complained of was taken more than 2 years before the public authority in relation to which the complaint is made became subject to this Act, the Ombudsman shall not proceed, or proceed further, with the investigation of thecomplaint unless he is satisfied that there are substantial grounds why in the public interest the investigation should be carried out.

      (3) Where, with respect to a complaint, the Ombudsman is satisfied that the aggrieved person became aware of the action complained of more than 2 years before the date on which the complaint was made, he shall not proceed, or proceed further, with the investigation of the complaint unless he is satisfied that there was reasonable excuse for the delay in bringing the complaint.

      (4) Except as provided in this section, the Ombudsman is not precluded from investigating an administrative action by reason of its having been taken before the commencement of this Act.

      (5) For the purposes of subsections (1) and (2), the period of 2 years referred to in those subsections does not commence in the case of a continuing administrative action until that action has ceased.



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