Ombudsman (Komesina o Sulufaiga) Act 2013
19
(2) The functions, duties and powers of the special
investigation unit are as prescribed by regulations.
(3) The unit:
(a) must not investigate any matter that is being
investigated or inquired into by the Police,
Prisons or prescribed disciplined force under
their respective Acts; or
(b) as an exception to paragraph (a), may investigate
the matter if the Ombudsman has reasons to
believe that—
(i) there is an abuse of process by the Police,
Prisons or prescribed disciplined force; or
(ii) there has been an unreasonable delay in the
investigation; or
(iii) the matter has not been appropriately
investigated.
(4) The Police or Prisons or prescribed disciplined force
must not:
(a) investigate any matter investigated by the unit; or
(b) continue investigating a matter being investigated
under subsection (3)(b).
PART 6
GENERAL POWERS
42. Application – This Part applies to Parts 3, 4 and 5.
43. Production of documents, information and evidence
– (1) Subject to section 49, the Ombudsman may, for the
purposes of Part 3, 4 or 5, require a person:
(a) to provide any information; or
(b) to produce a document or thing, —
which may be in the possession or under the control of the
person or for Part 3 under the possession or control of a
Ministry or organisation.
(2) The Ombudsman may:
(a) summon and examine on oath—
(i) a person who is able to give the information
under subsection (1);
(ii) the complainant under Part 3 or 5; or