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A9.1 Ombudsman Act 1975

Ombudsman Act s13

  1. 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.
  2. Having completed an investigation, an Ombudsman may form an opinion that the decision, recommendation, act or omission:
    1. appears to have been contrary to law, or
    2. was based on a mistake of fact or law, or
    3. was unreasonable, unjust, oppressive, improperly discriminatory or wrong, or
    4. was based on a law or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory.
  3. If an Ombudsman forms such an opinion, he may recommend that:
    1. the decision be reconsidered, varied or cancelled, or that reasons for it be given; or
    2. the law or practice be reconsidered or altered, or
    3. any other steps should be taken.
  4. If an Ombudsman is not satisfied that the government department or organisation concerned has acted upon a recommendation, he 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.

  5. The Ombudsman will inform the complainant of the result of the investigation.

Effective 1/11/1999

PREVIOUS POLICY

A9.1 Ombudsmen Act 1975 (26/07/1999)

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