28ACT Ombudsman—interim arrangements

28 ACT Ombudsman—interim arrangements

(1) In this section:

ACT Ombudsman means the person appointed under enactment as Ombudsman, and includes the person to whom subsection (3) applies.

Commonwealth Act means the Ombudsman Act 1976.

Commonwealth Ombudsman means the person for the time being holding office as Ombudsman under the Commonwealth Act.

(2) If an enactment (in this section called the ACT law) provides for the appointment of an ACT Ombudsman, this section applies. (3) The person for the time being holding office as Ombudsman (in this section called the Ombudsman) under the Commonwealth Act shall be taken to be the ACT Ombudsman until the appointment of the ACT Ombudsman is made under the ACT law. (4) Subject to any arrangements in force between the Commonwealth and the Territory, the Commonwealth Ombudsman shall not be remunerated in relation to his or her duties as ACT Ombudsman under subsection (3). (5) Where: (a) before the commencement of the ACT law: (i) a complaint has been made to the Commonwealth Ombudsman; or (ii) the Ombudsman has commenced an investigation; in relation to action taken by a Department or by an authority (being action in respect of which the ACT Ombudsman would have had power to investigate had the action been taken after the commencement of the ACT law); and (b) the Commonwealth Ombudsman has not finally disposed of the matter at the commencement of the ACT law; then: (c) the Commonwealth Ombudsman shall transfer the complaint or investigation to the ACT Ombudsman, and forward to him or her any information or document, or a copy of, or extract from, a document, being information or a document relating to the complaint or the investigation; and (d) the ACT Ombudsman shall deal with the complaint or investigation as if it had been made or commenced, as the case requires, under the ACT law.