9Investigation Division to refrain from investigation in certain circumstances

#### 9 Investigation Division to refrain from investigation in certain circumstances (1) Where a complaint is required to be investigated as provided by section 46, the Commissioner shall ensure that no action, or no further action, is taken by the Investigation Division in connection with the investigation of that complaint. (2) Where the Ombudsman informs the Commissioner under section 25 that he or she intends to investigate a complaint, the Commissioner may, in his or her discretion, direct the officer in charge: (a) if the Investigation Division has not commenced to investigate the complaint—to cause the Division to refrain from investigating the complaint; or (b) if the Investigation Division has commenced to investigate the complaint—to cause the Investigation Division to refrain from further investigating the complaint and to furnish to the Ombudsman a report, in writing, setting out any information acquired by the Division as a result of the investigation already carried out. (3) Where, after: (a) particulars of a complaint have been furnished to the Ombudsman in accordance with section 6; or (b) the Ombudsman has referred to the Commissioner a complaint that was made to the Ombudsman under this Act or a matter relating to such a complaint; the Ombudsman informs the Commissioner under section 24 that the Ombudsman has determined that the complaint should not be investigated, or investigated further, as the case requires, the Commissioner may, in his or her discretion, direct the officer in charge to cause the Investigation Division to refrain from investigating, or further investigating, that complaint or matter.