Northern Territory Numbered Acts

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OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 16

What administrative actions may not be investigated

    (1)     The Ombudsman must not investigate administrative action taken by:

    (a)     a person while discharging or purporting to discharge a responsibility of a judicial nature; or

    (b)     a tribunal or a member of a tribunal:

        (i)     in the performance or purported performance of the tribunal's deliberative functions; or

        (ii)     in relation to processes, prescribed under an Act, for conciliation or mediation in relation to a complaint, dispute or other matter within the meaning of that Act; or

    (c)     a person acting as counsel or legal adviser to the Territory for the Territory or a minister; or

    (d)     a coroner under the Coroners Act , while discharging or purporting to discharge a responsibility relating to an investigation or inquest under that Act; or

    (e)     a magistrate or Justice while discharging or purporting to discharge a responsibility relating to a preliminary examination under Part V of the Justices Act ; or

    (f)     the Director of Public Prosecutions relating to a DPP exempt matter; or

    (g)     a public authority in relation to its employment of a person, including action taken in relation to the promotion, transfer, termination of employment or discipline of the person or the payment of remuneration to the person; or

    (h)     the Parole Board of the Northern Territory established by the Parole of Prisoners Act or the Chairman of that Board; or

        (i)     the Territory Insurance Office.

    (2)     The Ombudsman must not investigate administrative action of a public authority not mentioned in subsection (1) for which there is a review right under the law under which the action is taken unless 1 of the following conditions applies:

(a)     the authority agrees to the investigation;

    (b)     on complaint by the person who has the review right, the Ombudsman is satisfied:

        (i)     it would not be reasonable to expect or to have expected the complainant to resort to the review right; or

        (ii)     the matter merits investigation to avoid injustice.

    (3)     Subsection (1)(b) and (f) does not prevent the Ombudsman investigating administrative action of a public authority if the Ombudsman is satisfied there has been unreasonable delay by the authority in relation to the action.



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