Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 385 · cap/385 (Cap. 385)

Cap. 385 Art. 17Refusal to investigate complaints.

In KraftAmtlicher Text

(1) If upon a complaint, or in the course of an investigation of a complaint it appears to the Ombudsman that, having regard to all the circumstances of the case, any investigation, or further investigation is unnecessary, he may refuse to investigate, or investigate further any such complaint.

(2) Without limiting the generality of the powers conferred on the Ombudsman by this Act, the Ombudsman may in his discretion decide not to investigate, or, as the case may require, not to investigate further a complaint if in his opinion -

(a) the subject-matter of the complaint is trivial; or

(b) the complaint is frivolous or vexatious or is not made in good faith; or

(c) the complainant has not a sufficient personal interest in the subject-matter of the complaint.

(3) In any case where an Ombudsman decides not to investigate or make further investigation of a complaint he shall inform the complainant of that decision, and shall state his reasons therefor.