40Matters that do not have to be investigated

40 Matters that do not have to be investigated

(1)  The Ombudsman may decide not to investigate a disclosed matter –

(a) if in the opinion of the Ombudsman the disclosure is trivial, vexatious, misconceived or lacking in substance; or

(b) if the subject matter of the disclosure has already been adequately dealt with by the Ombudsman or a public body, statutory authority, Commonwealth statutory authority, commission, court or tribunal; or

(c) if the person making the disclosure has commenced proceedings in a commission, court or tribunal in relation to the same matter, and that commission, court or tribunal has power to order remedies similar to those available under this Act; or

(d) [Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010] if the person making the disclosure had knowledge for more than 12 months of the disclosed matter before making the disclosure and failed to give a satisfactory explanation for the delay in making the disclosure; or

(e) [Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010] if the disclosure relates solely to the personal interests of the person making the disclosure; or

(f) [Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010] if the disclosure is based on false or misleading information; or

(g) [Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010] if the matter which is the subject of the disclosure is a matter in respect of which a decision has been made that the matter –

(i) is not a public interest disclosure; or

(ii) is a matter which does not have to be investigated under this Act –

and the additional disclosure does not provide significant or substantial new information.

(2)  The Ombudsman must –