Information Commissioner investigations—transfer to Ombudsman
74 Information Commissioner investigations—transfer to Ombudsman
Scope
This section applies if the Information Commissioner is satisfied that a complaint about an action could be more effectively or appropriately dealt with by the Ombudsman under the Ombudsman Act 1976.
A complaint about the way in which the Information Commissioner has dealt with an IC review.
A complaint relates to an action under this Act, but is part of a complaint that relates to other matters that can be more appropriately dealt with by the Ombudsman.
Transfer of complaints to Ombudsman
The Information Commissioner:
must consult the Ombudsman about the complaint with a view to avoiding inquiries being conducted into that matter by both the Information Commissioner and the Ombudsman; and
may decide not to investigate the action, or not to continue to investigate the action.
If the Information Commissioner decides not to investigate, or not to continue to investigate, the action under paragraph (2)(b), the Information Commissioner must:
transfer the complaint to the Ombudsman; and
give the Ombudsman any information or documents that relate to the complaint in the possession, or under the control, of the Information Commissioner; and
notify the complainant in writing that the complaint has been transferred.
A notice under paragraph (3)(c) must state the reasons for the Information Commissioner’s decision.
A complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Ombudsman Act 1976.
The Information Commissioner may make a decision under this section to investigate only part of a complaint (see section 71).
This Act’s bill:Explanatory memorandumSecond reading speech
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