23AProcedure on investigation

23A Procedure on investigation

[Section 23A Inserted by No. 33 of 2005, s. 14, Applied:11 Jul 2005]

(1)  Subject to this Act, the Ombudsman –

(a) may regulate the procedure in an investigation in any manner he or she considers appropriate; and

(b) is not required to hold a hearing for an investigation; and

(c) may obtain information from any persons in any manner he or she considers appropriate; and

(d) may make any inquiries he or she considers appropriate.

(2)  The Ombudsman may take into account in an investigation any information obtained in the course of making preliminary inquiries under section 20A .

(3)  An investigation by the Ombudsman under this Act is to be conducted in private.

(4)  The Ombudsman may determine –

(a) if any person may be represented, by counsel or otherwise, at an investigation; and

(b) if the person is allowed to be represented, the conditions or restrictions subject to which the person may be represented.

(5)  The Ombudsman is not to make a report on an investigation that contains adverse or derogatory comments in respect of a person unless the Ombudsman has given the person an opportunity, in respect of the matter under investigation –

(a) to appear before him or her; or

(b) to make representations, either orally or in writing.

(6)  The Ombudsman is not to make a report on an investigation that contains adverse or derogatory comments in respect of a public authority unless the Ombudsman has given the relevant principal officer, and the member, officer or employee of the public authority principally concerned in the taking of the administrative action to which the investigation relates, an opportunity –

(a) to appear before him or her; or

(b) to make representations, either orally or in writing.