Bulletin (PDF 18.3 MB) - City of Armadale

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Information BulletinInformation Items from the Development Services DirectorateINFORMATION ITEM – AIRCRAFT NOISE OMBUDSMANPageD-25c) where the complaint has been previously dealt with by the ANO or theCommonwealth Ombudsman and there is insufficient additionalinformation raised in the new complaint to warrant the ANO'sconsideration of the new complaint.Discretion to Not Review a Complaint24 The ANO may not review a complaint if:a) the ANO considers that the complaint may not be reviewed under theCharter; orb) the ANO decides to exercise a discretion under the Charter not toreview the complaint.25 The ANO may refuse to consider, or continue to consider, a complaint, ifthe ANO considers this course of action appropriate, for example,because:a) there is a more appropriate place to deal with the complaint, such as ina court, tribunal or under another complaint resolution scheme such asthe Commonwealth Ombudsman;b) the complaint relates to Airservices' safety practice or policy and doesnot involve any allegation of either maladministration or inappropriateapplication of the practice or policy;c) the complaint being made is frivolous or vexatious or lacking insubstance;d) after the complaint is lodged with the ANO, the complainantcommences legal proceedings against Airservices that are related tothe complaint.Process for Not Reviewing a Complaint26 The ANO will advise the complainant (and any other parties that areinvolved in and have been informed about the complaint) and providereasons for the jurisdictional decision that the complaint will not bereviewed. The complainant must be notified that an objection to thisjurisdictional decision may be made in writing to the ANO within 30 days ofreceipt of this advice.27 If, within 30 days of receipt of this advice, the complainant objects inwriting to a jurisdictional decision made by the ANO, the ANO will reconsiderthe matter and provide a final jurisdictional decision setting out,as relevant, the reasons for the exclusion or decision to proceed to reviewthe complaint.Page 8 of 1626 August 2010
Information BulletinInformation Items from the Development Services DirectorateINFORMATION ITEM – AIRCRAFT NOISE OMBUDSMANPageD-26Section C: Processes for Review of ComplaintsParl4 - Complaints LodgementLodging of Complaints28 A complainant will be required to lodge a complaint by referring thecomplaint to the ANO for consideration.29 The complaint must be made in writing, and either sent by post or lodgedthrough electronic lodgement facilities on the ANO website. The ANO willnot consider anonymous complaints.30 The ANO will provide information to assist complainants with this processthrough its website or by mailing out information packs on request.Provision of Information by the Parties to the Complaint31 The ANO may request that a party to a complaint provide the ANO withany information the ANO considers necessary.32 The party must agree to provide the information. If the information is notprovided the ANO has the discretion not to pursue the complaint. TheANO may request that the information be provided within a timeframespecified by ANO except where the party satisfies the ANO that:a) to provide information would breach a duty of confidentiality to a thirdparty and, despite best endeavours, the third party's consent to thedisclosure of the information has not been able to be obtained;b) to provide the information would breach a Court order or prejudice acurrent investigation by the police or other law enforcement agency; orc) the information does not or no longer exists or is not within the party'sreasonable possession or control.33 The ANO may request a party to a complaint to do anything else that theANO considers may assist in the review of the complaint and may takerelated actions to assist the ANO to review the complaint. This mayinclude:a) requesting a party to a complaint to attend an interview (either inperson or via telephone; orb) requesting Airservices to review a complaint further; orc) the appointment of an independent expert to report back to the ANO ona matter pertaining to the complaint.34 Airservices undertakes to co-operate with the investigation of a complaintby the ANO.Timeframes35 Nothing in the Charter or elsewhere restricts the ANO's ability to give aparty to a complaint an extension of time (even if the original period, or theperiod as extended, has ended) should the ANO consider this appropriate.Page 9 of 1626 August 201 0
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Bulletin (PDF 18.3 MB) - City of Armadale

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