19NDiscretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman

#### 19N Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman (1) This section applies if a complaint has been made to the Postal Industry Ombudsman or the Commonwealth Ombudsman with respect to action taken by Australia Post. Postal Industry Ombudsman may transfer complaint to Commonwealth Ombudsman (2) Subsection (3) applies if: (a) the complaint was made to the Postal Industry Ombudsman; and (b) in the opinion of the Postal Industry Ombudsman, it would be more appropriate to deal with, or to continue to deal with, the complaint or part of the complaint in his or her capacity as the Commonwealth Ombudsman. (3) The Postal Industry Ombudsman may: (a) either: (i) decide not to deal with the complaint, or part of the complaint; or (ii) if he or she has started to deal with the complaint—decide not to deal further with the complaint, or part of the complaint; and (b) transfer the complaint, or part of the complaint, to the Commonwealth Ombudsman. (4) A complaint that is transferred under subsection (3) is taken to be a complaint that was made to the Commonwealth Ombudsman. Commonwealth Ombudsman may transfer complaint to Postal Industry Ombudsman (5) Subsection (6) applies if: (a) the complaint was made to the Commonwealth Ombudsman; and (b) the complaint was made no later than 12 months after the action was taken; and (c) in the opinion of the Commonwealth Ombudsman, it would be more appropriate to deal with, or to continue to deal with, the complaint or part of the complaint in his or her capacity as the Postal Industry Ombudsman. (6) The Commonwealth Ombudsman may: (a) either: (i) decide not to deal with the complaint, or part of the complaint; or (ii) if he or she has started to deal with the complaint—decide not to deal further with the complaint, or part of the complaint; and (b) transfer the complaint, or part of the complaint, to the Postal Industry Ombudsman. (7) A complaint that is transferred under subsection (6) is taken to be a complaint that was made to the Postal Industry Ombudsman. (8) In forming an opinion under paragraph (2)(b) or (5)(c), the person holding the office of the Commonwealth Ombudsman and of the Postal Industry Ombudsman must have regard to the functions and duties of each of those offices. Notice of transferral to be given to complainant (9) If the Commonwealth Ombudsman or the Postal Industry Ombudsman transfers a complaint, or part of a complaint, he or she must give notice of the transfer, in writing, to the complainant.