16What administrative actions may not be investigated

16 What administrative actions may not be investigated (1) The Ombudsman must not investigate administrative action taken by: (a) a person while discharging or purporting to discharge a responsibility of a judicial nature; or (b) a tribunal or a member of a tribunal: (i) in the performance or purported performance of the tribunal's deliberative functions; or (ii) in relation to processes, prescribed under an Act, for conciliation or mediation in relation to a complaint, dispute or other matter within the meaning of that Act; or (c) a person acting as counsel or legal adviser to the Territory for the Territory or a minister; or (d) a coroner under the Coroners Act 1993, while discharging or purporting to discharge a responsibility relating to an investigation or inquest under that Act; or (e) a person while discharging or purporting to discharge a responsibility relating to a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928; or (f) the Director of Public Prosecutions relating to a DPP exempt matter; or (g) a public authority in relation to its employment of a person, including action taken in relation to the promotion, transfer, termination of employment or discipline of the person or the payment of remuneration to the person; or (h) the Parole Board of the Northern Territory established by the Parole Act 1971 or the Chairman of that Board.

Ombudsman Act 2009 12 (2) The Ombudsman must not investigate administrative action of a public authority not mentioned in subsection (1) for which there is a review right under the law under which the action is taken unless 1 of the following conditions applies: (a) the authority agrees to the investigation; (b) on complaint by the person who has the review right, the Ombudsman is satisfied: (i) it would not be reasonable to expect or to have expected the complainant to resort to the review right; or (ii) the matter merits investigation to avoid injustice. (3) Subsection (1)(b) and (f) does not prevent the Ombudsman investigating administrative action of a public authority if the Ombudsman is satisfied there has been unreasonable delay by the authority in relation to the action.