10Determining whether to investigate complaint, &c.

10 Determining whether to investigate complaint, &c.

(1)  On receipt of a complaint, the Ombudsman –

(a) may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or

(b) [Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005] [Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005] [Section 10 Subsection (1) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013] [Section 10 Subsection (1) amended by No. 20 of 2013, s. 35, Applied:20 Jun 2013] may refer the complaint to the Regulator or a tribunal, a board or another person if the complaint concerns matters which should be investigated by the Regulator or that tribunal, board or other person under any other law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or

(c) must dismiss the complaint if satisfied that –

(i) the complaint lacks substance; or

(ii) the complaint is frivolous, vexatious or was not made in good faith; or

(iii) the complainant became aware of the circumstances that gave rise to the complaint more than 2 years before the complaint was made; or

(iv) the complainant has been given reasonable explanations and information and there would be no benefit in further entertaining the complaint; or

(v) the complaint has been resolved; or

(vi) court proceedings which relate to the subject matter of the complaint have been commenced; or

(vii) [Section 10 Subsection (1) amended by No. 40 of 2004, s. 10, Applied:01 Jan 2005] all the issues arising out of the subject matter of the complaint have been adjudicated upon or otherwise dealt with by the Regulator or a court, a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or