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) [*\[Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS23@Hpa@EN) 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) [*\[Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS23@Hpb@EN) if the disclosure relates solely to the personal interests of the person making the disclosure; or > > > > > > > (f) [*\[Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS23@Hpb@EN) if the disclosure is based on false or misleading information; or > > > > > > > (g) [*\[Section 40 Subsection (1) amended by No. 68 of 2009, s. 23, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS23@Hpb@EN) 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 – > > > > > > (a) within a reasonable time, notify the person making the disclosure of his or her decision under [subsection (1)](#GS40@Gs1@EN) not to investigate the disclosed matter; and > > > > > > > (b) give reasons for that decision.