Commonwealth Consolidated Acts

OMBUDSMAN ACT 1976 - SECT 6E

  (1)   If:

  (a)   the Ombudsman forms the opinion that:

  (i)   a complaint could have been made to the Australian Small Business and Family Enterprise Ombudsman (the ASBFE Ombudsman ); and

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

  (b)   under the Australian Small Business and Family Enterprise Ombudsman Act 2015 , the ASBFE Ombudsman has the power to deal with the complaint;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, and to transfer the complaint to the ASBFE Ombudsman.

  (2)   The Ombudsman must not make a decision under subsection   (1) unless:

  (a)   the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with the complaint; or

  (b)   the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with a particular class of complaints, and the complaint is one of that class.

  (3)   If the Ombudsman makes a decision under subsection   (1), the Ombudsman must:

  (a)   transfer the complaint to the ASBFE Ombudsman as soon as is reasonably practicable; and

  (b)   give the ASBFE Ombudsman 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 ASBFE Ombudsman.

  (4)   The Australian Small Business and Family Enterprise Ombudsman Act 2015 applies to the complaint, once transferred, as if a request for assistance had been made to the ASBFE Ombudsman under that Act on the day on which the complaint is transferred.

  (5)   If a complaint is transferred to the ASBFE Ombudsman under this section, the complaint is taken to be a formal request for assistance made to the ASBFE Ombudsman under the Australian Small Business and Family Enterprise Ombudsman Act 2015 .