12Complainant and Department etc. to be informed

#### 12 Complainant and Department etc. to be informed (1) Where the Ombudsman does not, for any reason, investigate, or continue to investigate, action taken by a Department or by a prescribed authority in respect of which a complaint has been made to him or her, the Ombudsman shall, as soon as practicable and in such manner as the Ombudsman thinks fit, inform the complainant and, except where an arrangement with the Department or authority is in force under subsection (2) relating to a class of actions in which that action is included, the Department or authority, of his or her decision and of the reasons for his or her decision. (2) The Ombudsman may from time to time make with a Department or with a prescribed authority an arrangement in relation to actions in respect of which complaints have been or are made to the Ombudsman, being actions taken by the Department or authority that are included in a class or classes of actions specified in the arrangement: (a) providing for the manner in which, and the period within which, the Ombudsman is to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision; or (b) providing that the Ombudsman is not required to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision. (3) Where the Ombudsman completes an investigation of action taken by a Department or by a prescribed authority in respect of which a complaint has been made to him or her, the Ombudsman shall, in such manner and at such times as he or she thinks fit, furnish to the complainant and to the Department or authority particulars of the investigation. (4) The Ombudsman may, if he or she thinks fit, furnish comments or suggestions with respect to any matter relating to or arising out of an investigation by him or her to any Department, body or person other than a Department, body or person to which or to whom he or she has furnished a report under section 15 relating to that matter or to matters that include that matter. (5) Where the Ombudsman furnishes a report to a Department or prescribed authority under section 15 containing recommendations with respect to action in respect of which a complaint has been made: (a) the Ombudsman shall, if action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the recommendations within a reasonable time after the recommendations are furnished to the Department or authority—furnish to the complainant a copy of the recommendations, together with such comments (if any) as he or she thinks fit; or (b) in any other case—the Ombudsman may furnish to the complainant a copy of the recommendations, together with such comments (if any) as he or she thinks fit.