Northern Territory Consolidated Acts Northern Territory Consolidated Acts19. Procedure for investigations
(1) Before commencing an investigation under this Act relating to administrative action taken by, in or on behalf of a department or authority to which this Act applies, the Ombudsman shall in writing inform:
(a) the principal officer of that department or authority and the responsible Minister; or
(b) where the complaint relates to an administrative action taken by the principal officer of a local government council, the presiding member of the council and the responsible minister; and
(c) where the complainant resides in the Territory, the member of the Legislative Assembly for the electoral division in which the complainant resides,
of his intention to conduct the investigation.
(2) Every investigation under this Act shall be conducted in private.
(3) The Ombudsman is not required to hold any hearing for the purposes of an investigation, and he may obtain information from and consult with such persons and in such manner as he thinks fit and may determine whether any person may be represented, by a legal practitioner or otherwise, in the course of the investigation.
(4) If, at any time during the course of an investigation, it appears to the Ombudsman that there may be grounds for making a report adverse to a department or authority to which this Act applies, he shall, before making the report, afford the principal officer of that department or authority an opportunity to comment on the subject matter of the investigation.
(5) If a Minister makes a request to the Ombudsman to be consulted or if an investigation by the Ombudsman relates to any recommendation made to a Minister or to the Administrator, the Ombudsman shall consult with the Minister who made the request or to whom the recommendation was made, or, in the case of a recommendation to the Administrator, with the responsible Minister in relation to the department or authority which made the recommendation or caused it to be made, before forming a final opinion adverse to the administrative action concerned.
(6) Where an investigation by the Ombudsman concerns administrative action taken by an officer or employee of a local government council, the Ombudsman:
(a) may at any time during or after the investigation consult with the presiding member of the council; and
(b) shall, if the presiding member makes a request to the Ombudsman to be consulted or if the investigation relates to any recommendation made to the local government council, consult with the presiding member before forming a final opinion adverse to the administrative action concerned.
(7) If during or after an investigation the Ombudsman is of the final opinion that there is evidence of a breach of duty or misconduct on the part of an officer, member or employee of or within a department or authority to which this Act applies, he shall:
(a) report the matter to the principal officer of that department or authority; and
(b) send a copy of the report to the responsible Minister and, where the authority is a local government council, to the presiding member of the council.