What ombudsman may not investigate
16 What ombudsman may not investigate
The ombudsman must not question the merits of—
a decision, including a policy decision, made by a Minister or Cabinet; or
a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.
Also, the ombudsman must not investigate administrative action taken by—
a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or
a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or
a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001; or
a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990, part 7 because of the action; or
the auditor-general; or
a mediator at a mediation session under the Dispute Resolution Centres Act 1990; or
a person in a capacity as a conciliator under the Health Rights Commission Act 1991, the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013; or
the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009, section 128, 129, 130 or 131 or the Information Privacy Act 2009, section 135 or 136.
This Act’s bill:Explanatory memorandum
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