35DInter-relationship between Ombudsman and NCAT

#### 35D Inter-relationship between Ombudsman and NCAT 35D Inter-relationship between Ombudsman and NCAT > > (1) The Ombudsman and President of the Civil and Administrative Tribunal may enter into arrangements regarding any of the following— > > > > > (a) matters that the Tribunal will refer to the Ombudsman where it considers that the matter can be the subject of a complaint, inquiry, investigation or other action under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) and that it would be more appropriate for the Ombudsman to deal with the matter, > > > > > (b) matters that the Ombudsman will refer to the Tribunal where the Ombudsman considers that the matter can be the subject of an administrative review application and that it would be more appropriate for the Tribunal to deal with it, > > > > > (c) matters that are the subject of an administrative review application and that are also the subject of a complaint, inquiry, investigation or other action under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), > > > > > (d) the co-operative exercise of the respective functions of the Ombudsman and the Tribunal. > > > (2) The Ombudsman and President are jointly to cause notice of any arrangements entered into under this section to be published in the Gazette as soon as is practicable after they are entered into. However, a failure to publish any such arrangements does not affect their validity. > > > (3) The Ombudsman and the Civil and Administrative Tribunal are empowered to exercise their functions in conformity with any relevant arrangements entered into under this section. > > > (4) An administrative review application may be made to the Civil and Administrative Tribunal whether or not a complaint has been made to the Ombudsman in relation to the decision. > > > (5) Without limiting subsection (3)— > > > > > (a) the Ombudsman may (despite anything in this Act) decline, discontinue or defer a complaint made under this Act to give effect to an arrangement entered into under this section, and > > > > > (b) the Ombudsman may (despite any provision of this Act but in conformity with the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002)) disclose any information to the Tribunal duly obtained by the Ombudsman in relation to any matter referred to the Civil and Administrative Tribunal to give effect to an arrangement entered into under this section, and > > > > > (c) the Tribunal may dismiss, adjourn or stay proceedings relating to an administrative review application to give effect to an arrangement entered into under this section, and > > > > > (d) the Ombudsman may entertain any complaint under this Act, or the Tribunal may entertain an administrative review application, duly made by a person on the basis of a referral under arrangements entered into under this section. > > > (6) In this section— > > > > administrative review application has the same meaning as in the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002). > > **s 35D:** Ins 2013 No 95, Sch 10.7.