101Assessments and recommendations

101 Assessments and recommendations (1) For preparing a report for section 97(1) or 99(1), the Ombudsman must: (a) consider whether the following apply: (i) conduct of a police officer constituted an offence or breach of discipline or was contrary to law; (ii) conduct of a police officer was unreasonable, unjust, oppressive or improperly discriminatory; (iii) conduct of a police officer was in accordance with an Act or a practice, procedure or policy that is or may be unreasonable, unjust, oppressive or improperly (iv) conduct of a police officer was based either wholly or partly on a mistake of law or of fact; (v) conduct of a police officer was otherwise wrong in the circumstances; and (b) consider whether a police officer exercised a power for an improper purpose or on irrelevant grounds; and (c) if the investigation relates to conduct comprising or including a decision by a police officer to exercise a power in a particular way or to refuse to exercise a power, consider whether the following apply: (i) irrelevant considerations were taken into account in the course of reaching the decision to exercise the power in that way or to refuse to exercise the power; (ii) a person was entitled at law to have been given, but was not given, the reasons for deciding to exercise the power in that way or to refuse to exercise the power. (2) The report may include the Ombudsman's assessment about a matter mentioned in subsection (1).