31Reports by Ombudsman

#### 31 Reports by Ombudsman (1) Where, after an investigation of a complaint or the actions of an AFP appointee under this Part has been completed, the Ombudsman is of the opinion: (a) that any action taken by an AFP appointee: (i) appears to have been contrary to law; (ii) was unreasonable, unjust, oppressive or improperly discriminatory; (iii) was in accordance with a rule of law, a provision of an enactment or a practice, being a rule, provision or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory; (iv) was based either wholly or partly on a mistake of law or of fact; or (v) was otherwise, in all the circumstances, wrong; (b) that, in the course of taking any action, an AFP appointee exercised a discretionary power for an improper purpose or on irrelevant grounds; or (c) in a case where the action to which the complaint or the actions of an AFP appointee relates comprised or included a decision by an AFP appointee to exercise a discretionary power in a particular manner or to refuse to exercise such a power: (i) that irrelevant considerations were taken into account, or that there was a failure to take relevant considerations into account, in the course of reaching the decision to exercise the power in that manner or to refuse to exercise the power, as the case may be; or (ii) that the complainant in respect of the investigation or some other person should have been furnished, but was not furnished, with particulars of the reasons for deciding to exercise the power in that manner or to refuse to exercise the power, as the case may be; this section applies to the decision, recommendation, act or omission constituting that action. (2) Where the Ombudsman is of the opinion: (a) that a decision, recommendation, act or omission to which this section applies should be referred to the Commissioner for further consideration; (b) that some particular action could be, and should be, taken to rectify, mitigate or alter the effects of a decision, recommendation, act or omission to which this section applies; (c) that a decision to which this section applies should be cancelled or varied; (d) that a rule of law, provision of an enactment or practice on which a decision, recommendation, act or omission to which this section applies was based should be altered; (e) that reasons should have been, but were not, given for a decision to which this section applies; or (f) that any other thing should be done in relation to a decision, recommendation, act or omission to which this section applies; the Ombudsman shall report accordingly to the Commissioner. (3) The Ombudsman: (a) shall include in a report under subsection (2) his or her reasons for the opinions specified in the report; and (b) may also include in such a report any recommendations he or she thinks fit to make. (4) The Ombudsman may request the Commissioner to furnish to him or her, within a specified time, particulars of any action that the Commissioner proposes to take with respect to the matters and recommendations included in the report. (5) Where the Ombudsman reports under subsection (2) to the Commissioner, the Commissioner may furnish to the Ombudsman such comments concerning the report as he or she wishes to make. (6) The Ombudsman shall furnish a copy of a report made by him or her under subsection (2) to the responsible Minister.