New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 26

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 employed under the Public Sector Management Act 1988 , to the Premier’s Department.

(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.