24Ombudsman may determine that complaint should not be investigated

#### 24 Ombudsman may determine that complaint should not be investigated (1) Where a complaint has been made to the Ombudsman under this Part or particulars of a complaint have been furnished to the Ombudsman in accordance with section 6, the Ombudsman may, in his or her discretion, determine that the complaint should not be investigated, or investigated further, as the case requires, under this Act: (a) if he or she is satisfied that the complainant became aware of the action complained of more than 12 months before the complaint was made; (b) if, in his or her opinion: (i) the complaint is frivolous, trivial or vexatious or was not made in good faith; or (ii) the complainant does not have a sufficient interest in the subject matter of the complaint; (c) if a person has been charged with an offence or breach of discipline, or offered a caution or admonition for a breach of discipline, in relation to the action complained of; or (d) if, in his or her opinion, the investigation, or further investigation, of that action is not warranted having regard to all the circumstances. (2) Where the Ombudsman is satisfied, with respect to a complaint referred to in subsection (1), that the complainant has exercised a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law, the Ombudsman shall determine that the action should not be investigated, or investigated further, as the case requires, under this Act unless he or she is of the opinion that there are special reasons why the action should be investigated, or investigated further, under this Act. (2A) Where the Ombudsman is satisfied, with respect to a complaint referred to in subsection (1), that the complainant has or had a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law but has not exercised that right, the Ombudsman may determine that the action should not be investigated, or investigated further, as the case requires, under this Act if he or she is of the opinion that, in all the circumstances of the case, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right. (3) Where the Ombudsman does not, for any reason, investigate, or continue to investigate, any action, the Ombudsman shall, as soon as practicable and in such manner as the Ombudsman thinks fit, inform the complainant and (except where an arrangement with the Commissioner is in force under subsection (4A) relating to a class of actions in which that action is included) the Commissioner of the decision and of the reasons for the decision. (4) Where the Ombudsman makes a determination under subsection (1), (2) or (2A) in respect of a complaint, section 23 shall not be taken to require him or her to commence or to continue an investigation of the complaint or to refer the complaint to the Investigation Division. (4A) The Ombudsman may from time to time make with the Commissioner an arrangement in relation to actions in respect of which complaints referred to in subsection (1) are made, being actions included in a class or classes of actions specified in the arrangement, providing for the manner in which, and the period within which, the Ombudsman is to inform the Commissioner of a determination referred to in subsection (1), (2) or (2A) and of the reasons for the determination. (5) Where a complaint referred to in subsection (1) is made by a complainant at the request of another person or of a body of persons, this section applies as if references to the complainant were references to the person or the body of persons at whose request the complaint is made.