(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–
he shall take such action specified in subsection (1A) or subsection (2) as in the circumstances of the case he thinks fit.
(2) *[Section 28 Subsection (2) amended by No. 78 of 1984, s. 7 ]*Where, in the 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 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 –
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.
(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) [Section 28 Subsection (5) amended by No. 33 of 2005, s. 18, Applied:11 Jul 2005] 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.
Section 28 - Ombudsman Act 1978 - Procedure on completion of investigation | Zoe