23Procedure on completion of investigation

23 Procedure on completion of investigation

S. 23(1) amended by Nos 85/2012 s. 160(1), 30/2016 s. 70(4)(a).

(1) Where as a result of an investigation conducted under this Act (other than an investigation conducted under Division 1A or 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—

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

S. 23(2) amended by Nos 82/2012 s. 239(1), 30/2016 s. 70(4)(b).

(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 must report the Ombudsman's opinion and the reasons for it to the principal officer of the authority or, if there is no principal officer, to the responsible Minister for the authority, and may make any recommendations the Ombudsman thinks fit.

S. 23(2A) inserted by No. 85/2012 s. 160(2), amended by No. 2/2019 s. 79 (Sch. 1 Pt C item 28(a)).

(2A) On completion of an investigation on a relevant public interest complaint (other than a relevant public interest complaint about a member of Parliament) the Ombudsman—

(a) must report the findings of the investigation—

S. 23(2A)(a)(i) amended by No. 2/2019 s. 79 (Sch. 1 Pt C item 28(b)(i)).

(i) to the principal officer (if any) of the appropriate authority or public interest disclosure entity; or