69Circumstances in which the Ombudsman must transfer a request for assistance to another agency

69 Circumstances in which the Ombudsman must transfer a request for assistance to another agency

(1) The Ombudsman must not give assistance in response to a request for assistance in relation to a relevant action, or give further assistance in response to such a request, if: (a) the Ombudsman reasonably believes that: (i) the request could have been made to another agency of the Commonwealth, a State or a Territory; and (ii) the request could be more conveniently or effectively dealt with by the other agency; and (b) the other agency has the legal power to deal with the request. (2) The Ombudsman must not give assistance in relation to an aspect of a request for assistance in relation to a relevant action, or give further assistance in relation to an aspect of such a request, if: (a) the Ombudsman reasonably believes that: (i) that aspect of the request for assistance could have been made to another agency of the Commonwealth, a State or a Territory; and (ii) that aspect of the request for assistance could be more conveniently or effectively dealt with by the other agency; and (b) the other agency has the legal power to deal with that aspect of the request. (3) The Ombudsman must not make a decision under subsection (1) or (2) unless: (a) the Ombudsman has consulted with the other agency about whether it would be more convenient or effective for the other agency to deal with the request, or the relevant aspect of the request; or (b) the Ombudsman has consulted with the other agency about whether it would be more convenient or effective for the other agency to deal with a particular class of requests, or a particular class of aspects of requests, and the request or aspect of the request is one of that class. (4) If the Ombudsman makes a decision not to give assistance, or further assistance, under subsection (1) or (2), the Ombudsman must transfer the request, or the relevant aspect of the request, to the other agency. (5) The Ombudsman must: (a) transfer the request, or the relevant aspect of the request, as soon as is reasonably practicable; and (b) give the other agency any information or documents relating to the request, or the relevant aspect of the request, that are in the possession, or under the control, of the Ombudsman; and (c) as soon as is reasonably practicable give the person who made the request notice that the request, or the relevant aspect of the request, has been transferred to the other agency. (6) If the request is a formal request, the notice under paragraph (5)(c) must be in writing. (7) If a request for assistance, or an aspect of a request for assistance, is transferred to another agency under this section: (a) the request for assistance, or that aspect of the request for assistance, is taken to have been made to the other agency under the law of the Commonwealth, State or Territory under which the other agency has power to deal with the request, or the aspect of the request (however described under that law); and (b) paragraph (a) applies, despite any requirement under that law that the request or that aspect of the request be made to the other agency in a particular manner or form.