Assessment of complaint or report
12H Assessment of complaint or report
On receipt by the Ombudsman of a complaint or report, the matter must be assessed as to whether—
it raises an issue that should be investigated under this Act;
or
it raises some other issue that should be referred to a law enforcement agency, another inquiry agency, a public authority or a public officer; or
it is trivial, vexatious or frivolous, it has previously been dealt with by an inquiry agency or a public authority and there is no reason to reexamine it or there is other good reason why no action should be taken in respect of it, and a determination made as to whether or not action should be taken to investigate or refer the matter.
The Ombudsman may, for the purpose of assessing a matter, by written notice, require a public authority or public officer—
to produce a specified document or a document relating to a specified matter; or
to produce a written statement of information about a specified matter or to answer specified questions, within a specified period and in a specified form, verified if the written notice so requires by statutory declaration.
A person must not refuse or fail to comply with a requirement of a notice under subsection (2). Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.
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