339Reference of matters to Ombudsman or Telecommunications Industry Ombudsman

##### 339 Reference of matters to Ombudsman or Telecommunications Industry Ombudsman (1) Where, before AUSTEL starts, or after it has started, an investigation of a matter to which a complaint relates, AUSTEL forms the opinion that: (a) a complaint relating to that matter has been, or could have been, made by the complainant to the Ombudsman under the Ombudsman Act 1976 or the Telecommunications Industry Ombudsman; and (b) the matter could be more conveniently or effectively dealt with by the Ombudsman or the Telecommunications Industry Ombudsman; it may decide not to investigate the matter, or not to investigate the matter further, as the case may be. (2) If AUSTEL so decides, it must: (a) transfer the complaint to the Ombudsman or to the Telecommunications Industry Ombudsman; and (b) give written notice to the complainant stating that the complaint has been so transferred; and (c) give to the Ombudsman or to the Telecommunications Industry Ombudsman any information or documents that relate to the complaint and that are in AUSTEL’s possession or under its control. (3) A complaint transferred under subsection (2) to the Ombudsman is taken to be a complaint made to the Ombudsman under the Ombudsman Act 1976.