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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](/view/html/inforce/current/act-1974-068) 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.
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> > (2) If the Commissioner decides to deal with the matter as a complaint under this Act—
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> > > (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
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> > > (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.