Ombudsman Act 2001

This section applies if the ombudsman considers—

the administrative action should be referred to the agency for further consideration; or

action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or

a practice under which the administrative action was taken should be changed; or

any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or

reasons, or further reasons, should be given for the administrative action; or

any other steps should be taken.

The ombudsman may—

give the principal officer of the agency a report that—

states the action the ombudsman considers should be taken; and

makes recommendations the ombudsman considers appropriate; and

if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and

if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.

If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman—

must give the principal officer of the agency a report that—

states the nature of the breach of duty or misconduct; and

makes recommendations the ombudsman considers appropriate; and

if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and

may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to—

the responsible Minister for the agency; and

if the agency is a local government—the local government’s mayor.

If the principal officer of a local government is given a report under subsection (2)(a) or (3)(a), the principal officer must—

give a copy of the report to all the members, however named, of the local government; and

if the principal officer is given a direction under subsection (2)(b) or (3)(b) to table a copy of the report at a meeting of the local government—table the report as directed.