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OMBUDSMAN ACT 1974 - SECT 26
Report of investigation
26 Report of investigation
(1) Where, in an investigation under this Act, the Ombudsman finds that the
conduct the subject of the investigation, or any part of the conduct, is of
any one or more of the following kinds-- (a) contrary to law,
(b)
unreasonable, unjust, oppressive or improperly discriminatory,
(c) in
accordance with any law or established practice but the law or practice is, or
may be, unreasonable, unjust, oppressive or improperly discriminatory,
(d)
based wholly or partly on improper motives, irrelevant grounds or irrelevant
consideration,
(e) based wholly or partly on a mistake of law or fact,
(f)
conduct for which reasons should be given but are not given,
(g) otherwise
wrong,
the Ombudsman is to make a report accordingly, giving his or her
reasons.
(2) In a report under this section, the Ombudsman may recommend--
(a) that the conduct be considered or reconsidered by the public authority
whose conduct it is, or by any person in a position to supervise or direct the
public authority in relation to the conduct, or to review, rectify, mitigate
or change the conduct or its consequences,
(b) that action be taken to
rectify, mitigate or change the conduct or its consequences,
(c) that reasons
be given for the conduct,
(d) that any law or practice relating to the
conduct be changed,
(d1) that compensation be paid to any person, or
(e)
that any other step be taken.
(3) The Ombudsman shall give a report under
this section-- (a) to the responsible Minister,
(b) to the head of the
public authority whose conduct is the subject of the report, and
(c) where
the public authority is a Public Service employee, to the Public Service
Commissioner.
(4) The Ombudsman may give a copy of a report under this
section-- (a) where the investigation arises out of a complaint to the
Ombudsman, to the complainant,
(b) to the public authority to whose conduct
the report relates.
(5) The person to whom a report is given under subsection
(3) (b) may, and on request by the Ombudsman shall, notify the Ombudsman of
any action taken or proposed in consequence of a report under this section.
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