QLDIn ForceAct
Ombudsman Act 2001
sec.49Investigations to which div 1 applies
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### sec.49 Investigations to which div 1 applies
This division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference.
However, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates—
was taken contrary to law; or
was unreasonable, unjust, oppressive, or improperly discriminatory; or
was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or
was taken—
for an improper purpose; or
on irrelevant grounds; or
having regard to irrelevant considerations; or
was an action for which reasons should have been given, but were not given; or
was based wholly or partly on a mistake of law or fact; or
was wrong.
s 49 amd 2017 No. 17 s 179
(sec.49-ssec.1) This division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference.
(sec.49-ssec.2) However, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates— was taken contrary to law; or was unreasonable, unjust, oppressive, or improperly discriminatory; or was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or was taken— for an improper purpose; or on irrelevant grounds; or having regard to irrelevant considerations; or was an action for which reasons should have been given, but were not given; or was based wholly or partly on a mistake of law or fact; or was wrong.
- (a) was taken contrary to law; or
- (b) was unreasonable, unjust, oppressive, or improperly discriminatory; or
- (c) was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or
- (d) was taken— (i) for an improper purpose; or (ii) on irrelevant grounds; or (iii) having regard to irrelevant considerations; or
- (i) for an improper purpose; or
- (ii) on irrelevant grounds; or
- (iii) having regard to irrelevant considerations; or
- (e) was an action for which reasons should have been given, but were not given; or
- (f) was based wholly or partly on a mistake of law or fact; or
- (g) was wrong.
- (i) for an improper purpose; or
- (ii) on irrelevant grounds; or
- (iii) having regard to irrelevant considerations; or