49Complaints and investigations under the Ombudsman Act 1976

49 Complaints and investigations under the Ombudsman Act 1976

(1) This section applies to: (a) a complaint if: (i) the complaint could have been made to the Ombudsman under the Ombudsman Act 1976 before the fund‑transfer day in relation to action taken by the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) the complaint is made on or after the fund‑transfer day; (b) a complaint if: (i) before the fund‑transfer day, the complaint was made to the Ombudsman under the Ombudsman Act 1976 in relation to action taken by the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) immediately before the fund‑transfer day, the Ombudsman had not finally disposed of the matter in accordance with that Act; or (c) an investigation if: (i) before the fund‑transfer day, the Ombudsman commenced the investigation under the Ombudsman Act 1976 in relation to action taken by the Commission in connection with the performance of the Commission’s Medibank Private functions; and (ii) immediately before the fund‑transfer day, the Ombudsman had not finally disposed of the matter in accordance with that Act. (2) The Ombudsman Act 1976 has effect on and after the fund‑transfer day, in relation to the complaint or investigation, as if: (a) the action taken by the Commission had been taken by the nominated company; and (b) the nominated company were a prescribed authority (within the meaning of that Act); and (c) the nominated company had been in existence at the time when the action occurred.