70Circumstances in which the Ombudsman may work co‑operatively with another agency to give assistance

70 Circumstances in which the Ombudsman may work co‑operatively with another agency to give assistance

(1) The Ombudsman may enter into an arrangement with another agency of the Commonwealth, a State or a Territory, to work co‑operatively with the other agency: (a) to deal with a request for assistance in relation to a relevant action; and (b) to deal with a class of requests for assistance in relation to relevant actions. (2) The Ombudsman may only enter into an arrangement with another agency under subsection (1), if: (a) the Ombudsman reasonably believes that: (i) a request for assistance to which the arrangement relates, or an aspect of a request for assistance to which the arrangement relates, could have been made to the other agency; and (ii) the other agency is willing to work co‑operatively with the Ombudsman to give assistance; and (iii) assistance could be more conveniently or effectively given if the Ombudsman worked co‑operatively with that agency; and (b) under the law of the Commonwealth or of a State or a Territory, the other agency has the power to deal with a request to which the arrangement relates, or an aspect of a request for assistance to which the arrangement relates. (3) If the Ombudsman receives a request for assistance in relation to which the Ombudsman has entered into an arrangement under subsection (1), or that is of a class in relation to which the Ombudsman has entered into an arrangement under subsection (1), the Ombudsman must: (a) if, under the arrangement, any aspect of the request for assistance is to be transferred to the other agency—transfer that aspect of the request as soon as is reasonably practicable; and (b) give the other agency any information or documents: (i) that relate to the request and are relevant to the aspect of the request to be dealt with by the agency; and (ii) 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 Ombudsman will work co‑operatively, as far as is possible, with the other agency to deal with the request. (4) If the request is a formal request, the notice under paragraph (3)(c) must be in writing. (5) If an aspect of a request for assistance is transferred to another agency under this section: (a) 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 aspect of the request (however described under that law); and (b) paragraph (a) applies, despite any requirement under that law that the aspect of the request be made to the other agency in a particular manner or form.