Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where, as a result of an investigation carried out under this Act, other than an investigation carried out pursuant to a reference made under section 15 or section 16, the Ombudsman is of the opinion that the action to which the investigation relates–
he shall take such action specified in subsection (1A) or subsection (2) as in the circumstances of the case he thinks fit.(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 an enactment 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 basis 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–
(1A) In a case referred to in subsection (1), the Ombudsman may resolve a matter informally with the relevant principal officer.
(2) Where, in the case referred to in subsection (1), the Ombudsman is of the opinion –
the Ombudsman shall report his opinion, and the reasons on which it is based, to the principal officer of the appropriate public authority, and may make such recommendation with respect to that report as he thinks fit.(a) that the subject matter of the investigation should be referred to the appropriate public authority for further consideration;
(b) that action can be, and should be, taken to rectify, or mitigate or alter the effects of, the action to which the investigation relates;
(c) that any practice in accordance with which the 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 –
(3) Where the Ombudsman makes a report or recommendation to the principal officer of a public authority under subsection (2) and the responsible Minister has been notified of the investigation under section 23(2), he shall send a copy of the report or recommendation to the responsible Minister.
(4) If under subsection (2) the Ombudsman makes a recommendation to the principal officer of an authority, he may request that officer to notify him, within a specified time, of the steps that have been or are proposed to be taken to give effect to the recommendation, or, if no such steps have been or are proposed to be taken, the reasons why they have not been taken or, as the case may be, are not proposed to be taken.
(5) Where it appears to the Ombudsman that no appropriate steps have been taken within a reasonable time after he has made a report or recommendation under subsection (2), he may, after considering the written comments (if any) made by or on behalf of the principal officer to whom the report or recommendation was made, send to the Premier and the responsible Minister a copy of the report or recommendation together with a copy of any such comments.
(6) Where a copy of any report, recommendation, or comments has been sent to the Premier under subsection (5), the Ombudsman may, if he thinks fit, lay before each House of Parliament a report on the matters to which the report, recommendation, or comments relate.