Northern Territory Consolidated Acts

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OMBUDSMAN (NORTHERN TERRITORY) ACT - SECT 17

Complaints

17. Complaints

(1) Subject to this section, any person or body, whether incorporated or unincorporated, may make a complaint to the Ombudsman under this Act.

(2) A complaint that could be investigated under this Act shall, if the Ombudsman so directs, be made in writing by the person or body aggrieved but no special form shall be required to make a complaint.

(3) Where the person by whom a complaint might have been made (being a complaint that could be investigated under this Act) has died or is, in the opinion of the Ombudsman, unable to act for himself, the complaint may be made on his behalf by his personal representative or by any other person who is, in the opinion of the Ombudsman, suitable to represent him.

(4) The provisions of any law now or hereafter in force in the Territory prohibiting or restricting or authorizing or requiring the imposition of prohibitions or restrictions on communication between any person and any other person shall not apply to any communication or to any proposed communication between any person and the Ombudsman for the purpose of making a complaint under this Act and any person having the right or being under a duty to keep in custody or to detain in any place a person who desires to make a complaint under this Act shall take all necessary steps to facilitate the making of the complaint.

(5) A person who is in custody, including on remand, is entitled:

(a) on making a request to the person in whose custody he is detained or to any other person performing duties in connection with his detention to:

(i) be provided with facilities for preparing a complaint in writing under this Act for furnishing in writing to the Ombudsman and after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and

(ii) have sent to the Ombudsman, without undue delay, a sealed envelope delivered by him to any such person and addressed to the Ombudsman; and

(b) to have delivered to him, without undue delay, any sealed envelope, addressed to him and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he is detained or of any other person performing duties in connection with his detention.

(6) Where a sealed envelope addressed to the Ombudsman is delivered by a person detained in custody to a person referred to in subsection (5) for sending to the Ombudsman, or a sealed envelope addressed to a person so detained and sent by the Ombudsman comes into the possession or under the control of a person referred to in that subsection neither the person in whose custody the first-mentioned person is detained nor any other person performing duties in connection with his detention is entitled to open the envelope or to inspect any document enclosed in the envelope.

(7) For the purposes of subsections (5) and (6), the Ombudsman may make arrangements with the appropriate department or authority for the identification and delivery of sealed envelopes sent by the Ombudsman to persons detained in custody.



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