South Australian Consolidated Acts

OMBUDSMAN ACT 1972 - SECT 18

18—Procedure on investigations

        (1)         Notwithstanding any other provision of this Part, the Ombudsman may make a preliminary investigation of an administrative act to determine whether to proceed with a full investigation of that act.

        (1a)         The Ombudsman must, before proceeding with a full investigation of an administrative act, inform the principal officer of the relevant agency of the decision to proceed with such an investigation.

        (2)         Every investigation under this Act must be conducted in private.

        (3)         The Ombudsman—

            (a)         is not required to hold a hearing for the purposes of an investigation;

            (b)         may obtain information from such persons and in such manner as the Ombudsman thinks fit;

            (c)         may determine whether any person to whom an investigation relates may have legal or other representation.

        (4)         Before making a report affecting an agency to which this Act applies the Ombudsman must allow the principal officer of the agency a reasonable opportunity to comment on the subject matter of the report.

        (5)         The Ombudsman must report any evidence of breach of duty or misconduct on the part of a member, officer or employee of an agency to which this Act applies to the principal officer of the agency.

        (6)         Subject to this Act, the procedure to be adopted in relation to an investigation will be as determined by the Ombudsman.