67Circumstances in which Ombudsman authorised to deal with a request for assistance

67 Circumstances in which Ombudsman authorised to deal with a request for assistance

(1) The Ombudsman is authorised to deal with a request for assistance in relation to a relevant action. (2) However, the Ombudsman is not authorised to deal with a request for assistance in relation to a relevant action if any of the following apply: (a) the request for assistance does not relate to a relevant action; (b) the action is taken by a Minister of the Commonwealth, or of a State or a Territory; (c) the action is taken by an agency of a State or a Territory; (d) the action is an order, direction or decision by a judge, justice or magistrate of a court created by the Parliament or of a court of a State or Territory or a member of a tribunal; (e) the action is taken by an officer of such a court or a tribunal exercising powers of the court or tribunal; (f) the action is taken as part of: (i) proceedings of, or the proceedings of a committee of, a Parliament; or (ii) proceedings of a commission or inquiry under a law of the Commonwealth, or of a State or a Territory; (g) the action consists of enforcement of a judgment or order of a court or tribunal. (3) If a formal request for assistance is made and the Ombudsman decides not to give assistance, or further assistance, because the Ombudsman is not authorised to deal with the request for assistance, the Ombudsman must give the person who requested assistance notice in writing setting out: (a) the Ombudsman’s decision; and (b) the reasons for the Ombudsman’s decision.