A9.1 Ombudsman Act 1975 (29/11/2010)
See also Ombudsman Act s 13
- Each Ombudsman may undertake investigations on a complaint, or on his own motion, relating to any decision, recommendation, act, or omission by government departments and organisations, their committees and subcommittees, officers and employees.
- Having completed an investigation, an Ombudsman may form an opinion that the decision, recommendation, act or omission:
- appears to have been contrary to law; or
- was based on a mistake of fact or law; or
- was unreasonable, unjust, oppressive, improperly discriminatory or wrong; or
- was based on a law or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory.
- If an Ombudsman forms such an opinion, he may recommend that:
- the decision be reconsidered, varied or cancelled, or that reasons for it be given; or
- the law or practice be reconsidered or altered; or
- any other steps should be taken.
- If an Ombudsman is not satisfied that the government department or organisation concerned has acted upon a recommendation, he or she may send a copy of his report and recommendations to the Prime Minister and then to Parliament.
Note: Ombudsmen are not authorised by law to enforce their recommendations.
- The Ombudsman will inform the complainant of the result of the investigation.
Effective 29/11/2010
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