NSWIn ForceAct
Ombudsman Act 1974
13AAPreliminary inquiries
Start here
Get a plain-English read of 13AA
Turn the raw legal text into a practical explanation grounded in Ombudsman Act 1974.
#### 13AA Preliminary inquiries
13AA Preliminary inquiries
> > (1) The Ombudsman may make preliminary inquiries for any of the following purposes—
> >
> > > (a) deciding whether the Ombudsman has jurisdiction over particular conduct,
> >
> > > (b) deciding whether to make particular conduct of a public authority the subject of an investigation under this Act,
> >
> > > (c) another function of the Ombudsman under this Act or another Act.
>
> > (2) The inquiries may be made whether or not any person has complained to the Ombudsman about the conduct under section 12.
>
> > (3) If a complaint has been made under section 12 (whether in writing or otherwise), the Ombudsman may, by way of a preliminary inquiry with respect to the complaint, require the complainant to provide further written particulars of the complaint within the time specified by the Ombudsman.
>
> > (4) A public authority that discloses information to the Ombudsman in response to an inquiry under this section is not required to comply with section 16, 17, 18 or 19 (1) of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).
>
> > (5) Despite the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)—
> >
> > > (a) a public authority or other person or body may disclose health information (within the meaning of that Act) to the Ombudsman in response to an inquiry under this section, and
> >
> > > (b) the Ombudsman may use any such information for the purposes of this section.
>
> > (6) For a provision in another Act providing an exception to confidentiality or non-disclosure, information provided in response to an inquiry made under this section is taken to be information provided in response to a requirement under this Act.
>
> **s 13AA:** Ins 1995 No 99, Sch 1. Am 2001 No 56, Sch 1.9 \[3\]; 2013 No 35, Sch 3 \[1\]; 2022 No 39, Sch 1\[6\]; 2024 No 52, Sch 1\[4\].