Ombudsman Act 1976

This section applies if the Ombudsman is satisfied of either of the following:

that:

a complainant has complained, or could complain, to the Information Commissioner about an action taken by a Department or prescribed authority under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982; and

the action could be more appropriately or effectively dealt with by the Information Commissioner;

a complaint about an action taken by a Department or prescribed authority has been the subject of a completed investigation by the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982.

The Ombudsman:

must consult the Information Commissioner about the complaint with a view to avoid 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 Ombudsman decides not to investigate, or not to continue to investigate, an action under paragraph (2)(b), the Ombudsman must:

transfer the complaint to the Information Commissioner; and

notify the complainant in writing that the complaint has been transferred; and

give the Information Commissioner any information or documents that relate to the complaint in the possession, or under the control of, the Ombudsman.

A complaint transferred under subsection (3) is taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982, as the case requires.