59Adverse reports

59 Adverse reports (1) This section applies if, on an investigation of administrative action of a public authority on complaint or on the Ombudsman's own initiative: (a) the Ombudsman is satisfied 1 or more of the following apply: (i) the action appears to have been taken contrary to law; (ii) the action was unreasonable, unjust, oppressive, or improperly discriminatory; (iii) the action was in accordance with a rule of law or provision of a law of the Territory that is or may be unreasonable, unjust, oppressive or improperly (iv) the action was in accordance with a practice that is or may be unreasonable, unjust, oppressive or improperly (v) the action was taken in the purported exercise of a power or purported performance of a function for an improper purpose, on irrelevant grounds or taking into account irrelevant considerations; (vi) the action was a decision that was made in the exercise of a power or performance of a function for which reasons should have been given but were not given; (vii) the action was based wholly or partly on a mistake of law or fact; (viii) the action was wrong; and (b) the Ombudsman is satisfied 1 or more of the following apply: (i) the action should be referred to the public authority for further consideration; (ii) action could be, and should be, taken to rectify or mitigate or alter the effects of the action; (iii) any practice in accordance with which the action was taken should be varied; (iv) any law in accordance with which or on the basis of which the action was taken should be reconsidered;

Ombudsman Act 2009 29 (v) reasons, or further reasons, should be given for the action; (vi) any other steps should be taken. (2) The Ombudsman's report on the result of the investigation must state the reasons the Ombudsman is satisfied about the relevant matters mentioned in subsection (1). (3) The Ombudsman must give a copy of the report to: (a) the responsible Minister for the public authority; and (b) if the authority is a local government council – the presiding member of the council.