18Reports by ombudsman

18 Reports by ombudsman (1) Where, after an investigation under this Act into action taken by an agency has been completed, the ombudsman is of the opinion— (a) that the action— (i) appears to have been contrary to law; or (ii) was unreasonable, unjust, oppressive or improperly discriminatory; or (iii) was in accordance with a rule of law, a provision of an enactment or a practice but the rule, provision or practice is or may be unreasonable, unjust, oppressive or improperly discriminatory; or (iv) was based either wholly or partly on a mistake of law or of fact; or (v) was otherwise, in all the circumstances, wrong; or (b) that, in the course of the taking of the action, a discretionary power had been exercised for an improper purpose or on irrelevant grounds; or (c) if the action comprised or included a decision 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

Reports Division 2.3 (ii) that the complainant in respect of the investigation or some other person should have been given, but was not given, 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 appropriate authority for further consideration; or (b) that some particular action could and should be taken to rectify, mitigate or alter the effects of, a decision, recommendation, act or omission to which this section applies; or (c) that a decision to which this section applies should be cancelled or varied; or (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; or (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 must report accordingly to the agency concerned.

(3) The ombudsman— (a) must include in a report under subsection (2) the 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 agency to which the report is given to give to him or her, within a specified time, particulars of any action that it proposes to take with respect to the matters and recommendations included in the report. (5) Where the ombudsman reports under subsection (2) to an agency, the agency may give to the ombudsman such comments concerning the report as it wishes to make. (6) The ombudsman must give a copy of a report made under subsection (2) to the responsible Minister of the agency concerned.