68Circumstances in which Ombudsman may decide not to provide assistance

68 Circumstances in which Ombudsman may decide not to provide assistance

(1) The Ombudsman may decide not to give assistance in response to a request, or decide not to give further assistance in response to a request, if: (a) the Ombudsman reasonably believes that the person who requested assistance became aware of the action more than 12 months before the request was made; or (b) the Ombudsman reasonably believes that: (i) the request is frivolous or vexatious; or (ii) the request was not made in good faith; or (iii) the person who made the request does not have a sufficient interest in the subject matter of the request; or (iv) providing assistance in response to the request is not warranted having regard to all the circumstances; or (c) the Ombudsman is required to transfer the request under section 69. (2) If a formal request for assistance is made and the Ombudsman decides not to give assistance, or further assistance, under this section, 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.