Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 (86 of 2006)

Schedule 1   Consequential amendments

Ombudsman Act 1976

43   After section 6A

Insert:

6B Transfer of complaints about Integrity Commissioner

(1) If:

(a) the Ombudsman forms the opinion that:

(i) a complaint in respect of action taken by the Integrity Commissioner could have been made to another authority established under a law of the Commonwealth, a State or a Territory; and

(ii) the complaint could be more conveniently or effectively dealt with by the other authority; and

(b) the other authority can deal with the complaint if the Ombudsman transfers the complaint to the other authority;

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 other authority.

(2) If the Ombudsman decides to transfer the complaint, the Ombudsman must:

(a) do so as soon as is reasonably practicable; and

(b) subject to section 35C, give the other authority 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 other authority.