Ombudsman Act 1973

If the Ombudsman considers that a complaint is resolved by alternative dispute resolution under this Part, the Ombudsman may decide that the complaint is resolved informally under this Act.

If the Ombudsman considers that a complaint is unable to be resolved by alternative dispute resolution under this Part—

the Ombudsman may decide that the complaint is to be treated as if the alternative dispute resolution did not occur; and

the Ombudsman may decide—

to conduct or to continue conducting enquiries on the complaint under section 13A; or

to discontinue conducting enquiries on the complaint under section 13A; or

not to deal with the complaint in accordance with section 15 or 15A; or

to refer the complaint under section 16I or 16IA; or

to conduct or to continue conducting an investigation on the complaint under section 15B; or

to discontinue conducting an investigation on the complaint under section 15B.

If the Ombudsman decides to conduct or continue conducting an enquiry under section 13A or to conduct or continue conducting an investigation under section 15B, the Ombudsman must not, without the consent of the parties to the alternative dispute resolution—

use in the enquiry or the investigation information obtained during the alternative dispute resolution; or

involve in the conduct of the enquiry or the investigation any member of Ombudsman staff who was involved in the alternative dispute resolution.