24Application of Ombudsman Act 1974 to complaints under this Act

#### 24 Application of Ombudsman Act 1974 to complaints under this Act 24 Application of [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) to complaints under this Act > > (1) The [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) (other than section 12 (1) and (4) of that Act) applies to or in respect of a complaint made under this Act about the conduct of a service provider, and any conduct of a service provider, in the same way that it applies to or in respect of a complaint made under that Act about the conduct of a public authority or to conduct of a public authority. > > > (2) For that purpose— > > > > > (a) a complaint made under this Act is taken to be a complaint made under section 12 (1) of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), and > > > > > (b) section 13 (1) of that Act applies to conduct about which a complaint could be made under this Act, and > > > > > (c) a service provider (including any person who is an employee of, or who acts for or on behalf of, a service provider) is taken to be a public authority, and > > > > > (d) the Ombudsman has the same functions in relation to the investigation of, reporting on and furnishing of information about a complaint under this Act as the Ombudsman has under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), and > > > > > (e) section 26A of that Act applies in respect of a report by the Ombudsman about a complaint made under this Act. > > > (2A) However, the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) as applied by this section applies, in relation to a complaint made under this Act about the conduct of a service provider that is not a government agency (and in relation to any conduct of such a service provider), subject to any modifications prescribed by the regulations. > > > (3) Despite subsection (1), the Ombudsman is not required to give notice of a complaint or an investigation if the giving of notice will or is likely to— > > > > > (a) prejudice the investigation of the complaint, or > > > > > (b) place the health or safety of a person to whom a service is provided at risk, or > > > > > (c) place the complainant at risk of intimidation or harassment. > > Note. > > Under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), the Ombudsman may make preliminary inquiries about a complaint, deal with a complaint by conciliation or investigate a complaint and may investigate conduct whether or not there has been a complaint. > > **s 24:** Ins 2002 No 42, Sch 1 \[22\]. Am 2003 No 40, Sch 1.8.