(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.