124Reference of matters to Ombudsman

#### 124 Reference of matters to Ombudsman ESRA may decide not to investigate (1) If, before ESRA starts, or after it has started, an investigation of a matter to which a complaint relates, ESRA forms the opinion that: (a) a complaint relating to that matter has been, or could have been, made by the complainant to the Ombudsman under the Ombudsman Act 1976; and (b) the matter could be more conveniently or effectively dealt with by the Ombudsman; ESRA may decide not to investigate the matter, or not to investigate the matter further, as the case may be. ESRA may transfer complaint to Ombudsman (2) If ESRA so decides, it must: (a) transfer the complaint to the Ombudsman; and (b) give written notice to the complainant stating that the complaint has been so transferred; and (c) give to the Ombudsman any information or documents that relate to the complaint and that are in ESRA’s possession or under its control. > Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection. Complaint treated as if it were made under the Ombudsman Act 1976 (3) A complaint transferred under this section to the Ombudsman is taken to be a complaint made to the Ombudsman under the Ombudsman Act 1976.