Northern Territory Consolidated Acts

OMBUDSMAN (NORTHERN TERRITORY) ACT - SECT 26

(1) This section applies where, as a result of an investigation by the Ombudsman under this Act (other than an investigation conducted pursuant to section 15), the Ombudsman is of the opinion that the administrative action to which the investigation relates:

(a) appears to have been taken contrary to law;

(b) was unreasonable, unjust, oppressive, or improperly discriminatory;

(c) was in accordance with a rule of law or a provision of any law in force in the Territory or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory;

(d) was taken in the exercise of a power or discretion, and was so taken for an improper purpose or on irrelevant grounds, or on the taking into account of irrelevant considerations;

(e) was a decision that was made in the exercise of a power or discretion and the reasons for the decision were not but should have been given;

(f) was based wholly or partly on a mistake of law or fact; or

(g) was wrong.

(2) Where this section applies and the Ombudsman is of the further opinion:

(a) that the subject matter of the investigation should be referred to the appropriate department or authority for further consideration;

(b) that action could be, and should be, taken to rectify or mitigate or alter the effects of the administrative action to which the investigation relates;

(c) that any practice in accordance with which the administrative action was taken should be varied;

(d) that any law in accordance with which or on the basis of which the action was taken should be reconsidered;

(e) that reasons should be given for the action; or

(f) that any other steps should be taken,

he shall report his opinion and his reasons for that opinion to the principal officer of the appropriate department or authority, and may in addition make such recommendations as he thinks fit.

(3) Where the Ombudsman makes any report or recommendations to the principal officer of a department or authority under subsection (2) he shall send a copy thereof to the responsible Minister, and, where relevant, to the presiding member of the local government council.

(4) Where, under subsection (2), the Ombudsman makes recommendations to the principal officer of a department or authority he may request that officer to notify him within a specified time of the steps that have been taken or are proposed to be taken to give effect to any recommendations of the Ombudsman, or, if no such steps have been or are proposed to be taken, the reasons why no steps have been taken or are proposed to be taken.

(5) Where it appears to the Ombudsman that no steps that seem to him appropriate have been taken within a reasonable time of his making any report or recommendations under subsection (2) he may, after considering the comments (if any) made by or on behalf of the principal officer to whom the report or recommendations were made, send:

(a) to the Minister; and

(b) where the report relates to a complaint concerning administrative action by the principal officer of a local government council, to the presiding member of the council,

a copy of the report and the recommendations together with a copy of any such comments.

(6) Where a copy of any report, recommendations or comments have been sent to the Minister under subsection (5), the Ombudsman may prepare and furnish to the Minister for presentation to the Legislative Assembly a report on such of the matters to which they relate as the Ombudsman thinks fit and the Minister shall cause the report to be laid before the Legislative Assembly within 3 sitting days after its receipt by him.

(7) The Ombudsman shall not in any report under this Act make any comment adverse to any person unless he has taken steps which are, in his opinion, sufficient to ensure that the person has been given a reasonable opportunity of being heard in the matter and the person's defence (if any) is fairly set out in the report.