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](/view/html/inforce/current/act-1974-068) 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](/view/html/inforce/current/act-1974-068) 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](/view/html/inforce/current/act-1974-068) 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\[5\].