(1)  If the Ombudsman –

(a) determines that a disclosure is not a public interest disclosure; and

(b) considers that the disclosure could constitute a complaint under the Ombudsman Act 1978  –

the Ombudsman must notify the person who made the disclosure of the person's right to have the disclosure dealt with as a complaint under that Act.

(2)  A person who is given notice under subsection (1) may by notice in writing to the Ombudsman request that the disclosure be dealt with as a complaint under the Ombudsman Act 1978 .

(3)  A person must make a request under subsection (2) within 28 days of being given notice under subsection (1) .

(4)  If under this section a person requests that a disclosure be dealt with as a complaint under the Ombudsman Act 1978 , the disclosure is taken to be a complaint made to the Ombudsman under that Act.