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Ombudsman (Komesina o Sulufaiga) Act 2013
(4) On the request of the Minister responsible for the matter
being investigated or if an investigation relates to any
recommendation made to a Minister, the Ombudsman must,
after making the investigation, consult the Minister before
forming a final opinion on a matter referred to in section 28(1)
or (2).
26. Referral of matters to appropriate authority – If,
during or after an investigation, the Ombudsman is of the
opinion that there is evidence of a breach of duty or misconduct
on the part of an officer of a Ministry or organisation, the
Ombudsman must refer the matter to the appropriate authority.
27. Other procedures – Subject to this Act, the
Ombudsman may regulate other procedures under this Part.
Division 2 – Results of investigations
and immunities
28. Procedures after investigation – (1) This section
applies to the following cases:
(a) a case where, after an investigation, the
Ombudsman is of the opinion that the
administrative decision which was the subjectmatter of the investigation—
(i) appears to have been contrary to law; or
(ii) was unreasonable, unjust, oppressive, or
discriminatory, or was in accordance with a
rule of law or a provision of any enactment
or a practice that is or may be unreasonable,
unjust, oppressive, or discriminatory; or
(iii) was based wholly or partly on a mistake of
law or fact; or
(iv) was wrong;
(b) a case where the Ombudsman is of the opinion
that—
(i) in the making of the administrative decision
under an enactment, a discretionary power
has been exercised for an improper purpose
or on irrelevant grounds or on the taking
into account of irrelevant considerations; or