AustLII Tasmanian Consolidated Acts

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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 40

40. Matters that do not have to be investigated

      (1) The Ombudsman may decide not to investigate a disclosed matter –

(a) if in the opinion of the Ombudsman the disclosure is trivial, vexatious, misconceived or lacking in substance; or

(b) if the subject matter of the disclosure has already been adequately dealt with by the Ombudsman or a public body, statutory authority, Commonwealth statutory authority, commission, court or tribunal; or

(c) if the person making the disclosure has commenced proceedings in a commission, court or tribunal in relation to the same matter, and that commission, court or tribunal has power to order remedies similar to those available under this Act; or

(d) if the person making the disclosure had knowledge for more than 12 months of the disclosed matter before making the disclosure and failed to give a satisfactory explanation for the delay in making the disclosure.

      (2) The Ombudsman must –

(a) within a reasonable time, notify the person making the disclosure of his or her decision under subsection (1) not to investigate the disclosed matter; and

(b) give reasons for that decision.



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