sec.170Arrangement with ombudsman

### sec.170 Arrangement with ombudsman The information commissioner may enter into an arrangement with the ombudsman providing for— the privacy complaints under this chapter that the commissioner should refer to the ombudsman because they— relate to administrative actions; and would be more appropriately dealt with by the ombudsman under the Ombudsman Act 2001 ; or the complaints under the Ombudsman Act 2001 that the ombudsman should refer to the commissioner because they— relate to decisions or other actions for which the commissioner has jurisdiction; and would be more appropriately dealt with by the commissioner under this chapter; or how to deal with an administrative action that is the subject of a complaint, preliminary inquiry or investigation under the Ombudsman Act 2001 and a privacy complaint under this chapter; or the cooperative performance by the commissioner and the ombudsman of their respective functions relating to administrative actions. If an arrangement entered into under subsection (1) provides for referrals as mentioned in subsection (1) (a) or (b) , the arrangement must also provide for how the referral is to be made. The commissioner and the ombudsman are empowered to perform their functions in accordance with any relevant arrangement entered into under this section. In this section— administrative action has the meaning given by the Ombudsman Act 2001 , section 7 . (sec.170-ssec.1) The information commissioner may enter into an arrangement with the ombudsman providing for— the privacy complaints under this chapter that the commissioner should refer to the ombudsman because they— relate to administrative actions; and would be more appropriately dealt with by the ombudsman under the Ombudsman Act 2001 ; or the complaints under the Ombudsman Act 2001 that the ombudsman should refer to the commissioner because they— relate to decisions or other actions for which the commissioner has jurisdiction; and would be more appropriately dealt with by the commissioner under this chapter; or how to deal with an administrative action that is the subject of a complaint, preliminary inquiry or investigation under the Ombudsman Act 2001 and a privacy complaint under this chapter; or the cooperative performance by the commissioner and the ombudsman of their respective functions relating to administrative actions. (sec.170-ssec.2) If an arrangement entered into under subsection (1) provides for referrals as mentioned in subsection (1) (a) or (b) , the arrangement must also provide for how the referral is to be made. (sec.170-ssec.3) The commissioner and the ombudsman are empowered to perform their functions in accordance with any relevant arrangement entered into under this section. (sec.170-ssec.4) In this section— administrative action has the meaning given by the Ombudsman Act 2001 , section 7 . - (a) the privacy complaints under this chapter that the commissioner should refer to the ombudsman because they— (i) relate to administrative actions; and (ii) would be more appropriately dealt with by the ombudsman under the Ombudsman Act 2001 ; or - (i) relate to administrative actions; and - (ii) would be more appropriately dealt with by the ombudsman under the Ombudsman Act 2001 ; or - (b) the complaints under the Ombudsman Act 2001 that the ombudsman should refer to the commissioner because they— (i) relate to decisions or other actions for which the commissioner has jurisdiction; and (ii) would be more appropriately dealt with by the commissioner under this chapter; or - (i) relate to decisions or other actions for which the commissioner has jurisdiction; and - (ii) would be more appropriately dealt with by the commissioner under this chapter; or - (c) how to deal with an administrative action that is the subject of a complaint, preliminary inquiry or investigation under the Ombudsman Act 2001 and a privacy complaint under this chapter; or - (d) the cooperative performance by the commissioner and the ombudsman of their respective functions relating to administrative actions. - (i) relate to administrative actions; and - (ii) would be more appropriately dealt with by the ombudsman under the Ombudsman Act 2001 ; or - (i) relate to decisions or other actions for which the commissioner has jurisdiction; and - (ii) would be more appropriately dealt with by the commissioner under this chapter; or