Government Information (Information Commissioner) Act 2009
40Ombudsman required to consult
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40 Ombudsman required to consult
40 Ombudsman required to consult
(1) If the Ombudsman receives a complaint under the Ombudsman Act 1974 about conduct of an agency that it appears could be the subject of a complaint to the Commissioner under this Act, the Ombudsman is to consult with the Commissioner on the matter.
(2) If the Commissioner decides to deal with the matter as a complaint under this Act—
(a) the complaint is (to the extent that it relates to conduct that could be the subject of a complaint under this Act) to be transferred to the Commissioner and dealt with as a complaint made to the Commissioner under this Act, and
(b) the Ombudsman is not to investigate the matter (and is to discontinue any investigation already commenced) to the extent that it relates to conduct that could be the subject of a complaint under this Act.