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;