OMBUDSMAN ACT 1973 - SECT 15 How the Ombudsman is to deal with certain complaints
OMBUDSMAN ACT 1973 - SECT 15
How the Ombudsman is to deal with certain complaintsS. 15(1) substituted by No. 30/2016 s. 58(2).
(1) The Ombudsman must not deal with a complaint that involves police personnel conduct, other than to notify the IBAC or the Victorian Inspectorate under Division 2C.
S. 15(1A) inserted by No. 30/2016 s. 58(2).
(1A) Subject to subsection (1B), the Ombudsman must not deal with a complaint that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C.
S. 15(1B) inserted by No. 30/2016 s. 58(2).
(1B) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter involving corrupt conduct or to refer it to another body, the Ombudsman must not continue to deal with a complaint that involves the matter or continue to conduct an investigation in relation to the matter unless—
(a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or
(b) where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti‑corruption Commission Act 2011 , to the extent of the referral; or
(c) the IBAC completes or discontinues its investigation into the matter.
S. 15(2) amended by No. 20/2017 s. 134(Sch. 1 item 13.2).
(2) The Ombudsman must refuse to deal with a complaint about administrative action that is taken under the Freedom of Information Act 1982 other than, if it could be made the subject of a complaint under Part VIA of that Act, to notify the Information Commissioner under Division 2C.
(3) The Ombudsman must refuse to deal with a complaint if dealing with it would be contrary to section 13AB.
(4) The Ombudsman must refuse to deal with a complaint relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice.
(5) If the Ombudsman considers that a complainant has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances—
(a) it would not be reasonable to expect or have expected the complainant to exercise that right; or
(b) the matter merits investigation to avoid injustice.
(6) If the Ombudsman considers that a complainant has or had a remedy by taking proceedings in a court, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances—
(a) it would not be reasonable to expect or have expected the complainant to take those proceedings; or
(b) the matter merits investigation to avoid injustice.
S. 15A substituted by No. 82/2012 s. 229.