South Australian Consolidated Acts14—Parliament may refer matter for investigation
(1) Subject to this
section, either House of Parliament, or any committee of either of those
Houses, or a joint committee of both Houses of Parliament, may refer to
the Ombudsman, for investigation and report, any matter that is within the
jurisdiction of the Ombudsman and which that House or committee considers
should be investigated by the Ombudsman.
(2) The Ombudsman must
carry out an investigation into any matter referred to him or her under this
section and, following that investigation, must submit a report on the matter
to—
(a) if
the matter was referred to the Ombudsman by the Legislative Council or a
committee of the Legislative Council—the President of the Legislative
Council;
(b) if
the matter was referred to the Ombudsman by the House of Assembly or a
committee of the House of Assembly—the Speaker of the House of Assembly;
(c) if
the matter was referred to the Ombudsman by a joint committee of both Houses
of Parliament—the President of the Legislative Council and the Speaker
of the House of Assembly.
(3) If—
(a) the
person affected by an administrative act is provided in relation to that act
with a right of appeal, reference or review to a court, tribunal, person or
body under any enactment or by virtue of Her Majesty's prerogative; or
(b) the
person affected by an administrative act had a remedy by way of legal
proceedings; or
(c) 12
months have elapsed since the person affected by an administrative act had
notice of the administrative act,
the administrative act is not to be referred to the Ombudsman by a House of
Parliament or committee under this section unless the House or committee
resolves that, in all the circumstances of the case, the administrative act
warrants investigation by the Ombudsman despite the availability of that
appeal, reference, review or remedy or the passage of time since the person
affected had notice of the administrative act.