Further Education and Training Act 2014
sec.112FTraining ombudsman may refuse to deal with particular complaint
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sec.112F Training ombudsman may refuse to deal with particular complaint
The training ombudsman may refuse to deal, or to continue to deal, with a complaint if— the circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or the training ombudsman reasonably believes— the complaint is frivolous or vexatious; or the complaint lacks substance; or the complainant does not have a sufficient interest in the matter raised in the complaint; or that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable. However, if the training ombudsman refuses to deal, or to continue to deal, with a complaint under subsection (1) , the training ombudsman is not prevented from— identifying issues relating to the referable matter for the complaint; and making a recommendation to the Minister about the identified issues. If the training ombudsman decides to refuse to deal, or to continue to deal, with a complaint, the training ombudsman must, as soon as practicable after making the decision, give the complainant notice of— the decision; and the reasons for the decision. s 112F ins 2016 No. 7 s 5 (sec.112F-ssec.1) The training ombudsman may refuse to deal, or to continue to deal, with a complaint if— the circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or the training ombudsman reasonably believes— the complaint is frivolous or vexatious; or the complaint lacks substance; or the complainant does not have a sufficient interest in the matter raised in the complaint; or that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable. (sec.112F-ssec.2) However, if the training ombudsman refuses to deal, or to continue to deal, with a complaint under subsection (1) , the training ombudsman is not prevented from— identifying issues relating to the referable matter for the complaint; and making a recommendation to the Minister about the identified issues. (sec.112F-ssec.3) If the training ombudsman decides to refuse to deal, or to continue to deal, with a complaint, the training ombudsman must, as soon as practicable after making the decision, give the complainant notice of— the decision; and the reasons for the decision.
- (a) the circumstances giving rise to the referable matter for the complaint happened more than 12 months before the complaint was made; or
- (b) the training ombudsman reasonably believes— (i) the complaint is frivolous or vexatious; or (ii) the complaint lacks substance; or (iii) the complainant does not have a sufficient interest in the matter raised in the complaint; or (iv) that, having regard to all the circumstances of the case, dealing with, or continuing to deal with, the matter raised in the complaint is unnecessary or unjustifiable.