South Australian Consolidated Acts South Australian Consolidated Acts25—Proceedings on the completion of an investigation
(1) This section
applies to any investigation conducted by the Ombudsman as a result of which
the Ombudsman is of the opinion that the administrative act to which the
investigation relates—
(a)
appears to have been made contrary to law; or
(b) was
unreasonable, unjust, oppressive or improperly discriminatory; or
(c) was
in accordance with a rule of law or a provision of an enactment or a practice
that is or may be unreasonable, unjust, oppressive or improperly
discriminatory; or
(d) was
done in the exercise of a power or discretion and was so done for an improper
purpose or on irrelevant grounds or on the taking into account of irrelevant
considerations; or
(e) was
done in the exercise of a power or discretion and the reasons for the act were
not but should have been given; or
(f) was
based wholly or in part on a mistake of law or fact; or
(g) was
wrong.
(1a) This section does
not apply to an investigation conducted under section 14.
(2) In the case of an
investigation to which this section applies in which the Ombudsman is of the
opinion—
(a) that
the subject matter of the investigation should be referred back to the
appropriate agency for further consideration; or
(b) that
action can be, and should be, taken to rectify, or mitigate or alter the
effects of, the administrative act to which the investigation related; or
(c) that
the practice in accordance with which the administrative act was done should
be varied; or
(d) that
any law in accordance with which or on the basis of which the action was taken
should be amended or repealed; or
(e) that
the reason for any administrative act should be given; or
(f) that
any other steps should be taken,
the Ombudsman must report that opinion and the reasons for it to the
principal officer of the relevant agency and may make such recommendations as
the Ombudsman thinks fit.
(3) The Ombudsman must
send a copy of any report or recommendation made under subsection (2) to
the responsible Minister and, in the case of a report or recommendation
relating to the sheriff, to the State Courts Administration Council.
(4) The
principal officer of an agency in relation to which a recommendation is made
under subsection (2) must, at the request of the Ombudsman, report to
the Ombudsman within a time allowed in the request on what steps have been
taken to give effect to the recommendation and, if no such steps have been
taken, the reason for the inaction.
(5) If it appears to
the Ombudsman that appropriate steps have not been taken to give effect to a
recommendation made under this section, the Ombudsman may make a report on the
matter (containing a copy of the earlier report and the recommendation) to the
Premier.
(6) Where
the Ombudsman reports to the Premier under subsection (5), the Ombudsman
may forward copies of the report to the Speaker of the House of Assembly and
the President of the Legislative Council with a request that they be laid
before their respective Houses.