1.3 Functions of the Office The establishment of the Office of the Ombudsman was initially as a statutory body independent from Government set up under the Ombudsman Act 1989. Under this Act the Office deals with matters of good governance, to investigate and resolve complaints about the administrative actions, decisions or omissions of Samoa government ministries and agencies. Twenty four years later, the Office was given additional functions and the 1989 legislation was replaced by the Ombudsman (Komesina o Sulufaiga) Act 2013. The additional mandates of the Ombudsman Office included the role as Samoa National Human Rights Institution (NHRI) as well as carrying out of Special Investigations in relation to misconduct of law enforcement officials and other disciplinary agencies. Overall, the Office of the Ombudsman/NHRI is tasked to carry out three main functions under its legislation dealing with matters of: 1.3.1 Good Governance The main objective of the conventional ombudsman function is to enhance the lawful delivery of State Agency mandates to the reasonable satisfaction of members of the public. Good governance reports how public organizations conduct public affairs and manage public resources. Governance is the process of decision making and the process by which decisions are implemented (or not implemented. The key attributes of good governance are:      transparency responsibility accountability participation responsiveness (to the needs of the people of Samoa) The good governance function of the Office and core function of the Ombudsman is to foster good administration within Government ministries and agencies to the satisfaction of the stakeholders – the people of Samoa. The public sector must be accountable to the public who are generally those affected by its decisions as well as the applicable rules of law. Moreover, the Office through the Good Governance Unit may receive and investigate complaints from members of the public about administrative actions and non-actions of all government ministries and agencies and helps resolve decisions that are wrong, unjust, unlawful, discriminatory or unfair. It may also look into matters referred by the Prime Minister or a Parliament select committee relating to a petition. The Office through the Good Governance Unit however, does not investigate complaints against;    private individuals / companies or other non-government organizations; decision of the Courts; decision of statutory tribunals. Furthermore, it may refuse to investigate complaints when; Office of the Ombusman/NHRI Samoa Annual Report 2019/20 6

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