Ombudsman (Komesina o Sulufaiga) Act 2013 9 (2) Section 23, 29 or 30 does not apply to the investigation or report made under subsection (1). (3) Without limiting section 18 and subsection (1), the Prime Minister may, refer a matter to the Ombudsman (except a matter about a judicial proceeding) if the Ombudsman consents to such a referral for investigation and report. (4) Despite other provisions of this Act, the Ombudsman: (a) must— (i) investigate the matter under subsection (3) if it is within the Ombudsman’s jurisdiction; and (ii) make a report to the Prime Minister; and (b) may send a copy of the report to Parliament. (5) Section 28 does not apply to an investigation or report made under subsection (4). 20. Overriding powers – The powers of the Ombudsman under this Act may be exercised as an exception to any enactment to the effect that: (a) the administrative decision is final; or (b) no appeal lies for the administrative decision; or (c) no proceeding or decision of the person or organisation whose administrative decision it is must be challenged, reviewed, quashed, or called into question. 21. Matters not to be investigated – (1) This Act does not authorise the Ombudsman to investigate any of the following: (a) an administrative decision for which there is, under an enactment, a right of appeal or objection, or a right to apply for a review, on the merits of the case, to a court, or to any tribunal constituted under an enactment, whether or not— (i) the right of appeal, objection or application has been exercised in the particular case; and (ii) any time, prescribed for the exercise of that right has expired; (b) a decision, recommendation, act, or omission of a trustee within the meaning of the Trustee Act 1975;

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