Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Privacy Commissioner under the Privacy Act 1993, the Ombudsman shall forthwith consult with the Privacy Commissioner in order to determine the appropriate means of dealing with the complaint.

As soon as practicable after consulting with the Privacy Commissioner under subsection (1) of this section, the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.

If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Privacy Act 1993, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Privacy Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.”

Notwithstanding anything in section 21 of this Act, an Ombudsman may from time to time undertake consultation with the Privacy Commissioner under the Privacy Act 1993 in relation to any matter relating to the functions of the Ombudsman, including (without limitation) consultation—

and for the purposes of any such consultation, an Ombudsman may disclose to the Privacy Commissioner such information as the Ombudsman considers necessary for that purpose.”