Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 23

Procedure on completion of investigation

23. Procedure on completion of investigation



(1) Where as a result of an investigation conducted under this Act (other than
an investigation conducted under Division 2) 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 an enactment or
        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-

he shall take action as set out in subsection (2).

(2) Where in a case referred to in subsection (1) the Ombudsman is of the
opinion-

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

   (b)  that action could 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-

the Ombudsman shall report his opinion and his reasons therefor to the
principal officer of the appropriate authority, and may make such
recommendations as he thinks fit.

(3) Where the Ombudsman makes a report or recommendations under subsection (2)
he shall send a copy thereof to the responsible Minister and, where relevant,
to the mayor of the appropriate municipality and may send a copy to the
Premier.

(4) Where, under subsection (2), the Ombudsman makes recommendations to the
principal officer of an authority he may request that principal 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 recommendations or, if no such steps have
been or are proposed to be taken, the reasons therefor.

(5) Where it appears to the Ombudsman that no steps that seem to him to be
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 Governor in Council; and

   (b)  where the report relates to a complaint concerning an administrative
        action by a member of staff of a municipal council, to the mayor of
        the municipal council-

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

(6) If a copy of any report and recommendations together with a copy of any
comments has been sent to the Governor in Council under subsection (5), the
Ombudsman may make a report to the Parliament on any of the matters to which
the report and recommendations relate that the Ombudsman thinks fit.

(7) The Ombudsman shall not in any report under this Act make any comment
adverse to any person unless that person has been given an opportunity of
being heard in the matter and his defence is fairly set forth in the report.