Ombudsman Act 2009
35Decisions about investigating if complaint made to public
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35 Decisions about investigating if complaint made to public authority (1) If a complainant has also made a complaint to the public authority about the administrative action complained of, the Ombudsman may decide not to investigate the action until the complainant informs the Ombudsman that: (a) no redress has been granted by the public authority; or (b) redress has been granted but the redress is not, in the complainant's opinion, adequate. (2) However, if the complainant informs the Ombudsman that no redress or no adequate redress has been granted by the public authority, the Ombudsman must investigate the administrative action if satisfied: (a) a reasonable period has elapsed in which redress could have been granted; or
Ombudsman Act 2009 20 (b) the redress granted was not adequate. (3) Subsection (2) has effect subject to sections 33 and 34.