42Application of provisions of the Ombudsman Act 1974 to this Part

42 Application of provisions of the Ombudsman Act 1974 to this Part

42 Application of provisions of the Ombudsman Act 1974 to this Part

(1) For the purpose of exercising functions under this Part, sections 13AA, 17–24 (except section 21B) and 36 of the Ombudsman Act 1974 apply to or in respect of the exercise of those functions in the same way that they apply to or in respect of an investigation of a complaint by the Ombudsman under that Act, subject to any necessary modifications and to any modifications prescribed by the regulations.

(2) For that purpose, those provisions apply to or in respect of a service provider (whether or not a public authority) or an employee, or a person acting on behalf of, a service provider in the same way as they apply to a public authority.

(3) For the purpose of the application of sections 21 (3) and 21A (2) of the Ombudsman Act 1974 under this section, the Ombudsman is not required to set aside a requirement, and is not prevented from exercising a power, because of a claim by a public authority based on legal professional privilege.

s 42: Ins 2002 No 42, Sch 1 [30]. Am 2024 No 52, Sch 2[5].