Schedule 5: Transfer of Staff, Property Etc. Section 38: Undetermined complaints
107.This section provides a general transitional provision relating to undetermined complaints. Basically, if a complaint falls within section 38(1) or (3) then the complaint can be continued by, or made (or referred) to and continued by, (respectively) the Ombudsman. In such cases, the Ombudsman will deal with the complaint in accordance with the pre-existing legislation relating to that complaint and not under Part 2 of this Act.