Public Employment (Consequential and Transitional) Amendment Act 1999 (146 of 1999)

Schedule 1   Repeals and amendments

Ombudsman Act 1976

714   Subsections 6(9), (10) and (11)

Repeal the subsections, substitute:

(9) If the Ombudsman forms the opinion:

(a) that a complaint could have been made under the Public Service Act 1999; and

(b) that the complaint could be more conveniently or effectively dealt with by the Public Service Commissioner;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Public Service Commissioner.

(10) If the Ombudsman makes a decision under subsection (9), the Ombudsman must:

(a) transfer the complaint to the Public Service Commissioner as soon as is reasonably practicable; and

(b) give the Public Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

(c) as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Public Service Commissioner.