55The Ombudsman and the IGIS—recommendations

#### 55 The Ombudsman and the IGIS—recommendations Scope (1) This section applies if the Ombudsman or the IGIS (the relevant investigative agency): (a) under subsection 44(2)—is notified of the allocation of a disclosure to an agency; or (b) under subsection 44A(3)—is notified of a decision not to allocate a disclosure to any agency; or (c) under section 50A—is notified by the principal officer of an agency of a decision not to investigate a disclosure under Division 2, or not to investigate a disclosure further under that Division; or (d) under subsection 51(4)—is notified of the completion of an investigation under Division 2 in relation to a disclosure; or (e) receives a complaint under the Ombudsman Act 1976 or the Inspector‑General of Intelligence and Security Act 1986 (as the case may be) about the handling by an agency of a disclosure. Note: For matters in relation to disclosures under this Act that may be the subject of complaints to the Ombudsman or the IGIS, see sections 7A and 7B. (2) If this section applies because of a complaint mentioned in paragraph (1)(e), the section does not affect any duty, power or function the relevant investigative agency has in relation to that complaint under the relevant Act mentioned in that paragraph. > Note: The powers set out in subsections (3) to (6) are in addition to any powers the Ombudsman or the IGIS has under the relevant Act. Review by the Ombudsman or the IGIS (3) The relevant investigative agency may review the handling of the disclosure by any or all of the following: (a) if the disclosure was made to a supervisor of the discloser—the supervisor; (b) the authorised officer to whom the disclosure was made or given; (c) the principal officer of an agency to which the disclosure was allocated; (d) any other public official involved in handling the disclosure. (4) For the purposes of the review, the relevant investigative agency may obtain information or documents from such persons, and make such inquiries, as that relevant investigative agency thinks fit. Review recommendations (5) As a result of the review, the relevant investigative agency may, by written notice, make such recommendations as the relevant investigative agency thinks fit to either or both of the following: (a) the principal officer of the agency in which the disclosure was made; (b) the principal officer of an agency to which the disclosure was allocated. > Note: However, the relevant investigative agency is not required to make recommendations as a result of the review. (6) Without limitation, recommendations under subsection (5) may include any or all of the following: (a) a recommendation that the disclosure should be allocated; (b) a recommendation that the disclosure should be reallocated to a different agency or agencies; (c) a recommendation that the disclosure should be investigated; (d) a recommendation that the disclosure should be reinvestigated by the same or a different agency; (e) a recommendation that any other action be taken in relation to: (i) the disclosure or its handling; or (ii) the discloser, any supervisor of the discloser, any authorised officer of an agency or any public official belonging to an agency. Response by principal officer (7) A principal officer may respond to any recommendations under subsection (5) as the principal officer thinks fit, including by doing any or all of the following: (a) directing the allocation (or reallocation) of the disclosure; (b) investigating (or reinvestigating) the disclosure; (c) taking any other action in relation to the handling of the disclosure. (8) A principal officer must, as soon as reasonably practicable, give written notice to the relevant investigative agency of: (a) any action taken, or proposed to be taken, in response to a recommendation by the agency under subsection (5); and (b) if no action is proposed to be taken in response to such a recommendation—the reason why no such action has been taken or is proposed.