10 Ombudsman (Komesina o Sulufaiga) Act 2013 (c) a decision, recommendation, act, or omission on any proceedings made— (i) by the legal adviser to the Ombudsman pursuant to the rules of the time being approved by the Government for the conduct of Government legal business; or (ii) by counsel for the Government. (2) If a question arises whether the Ombudsman has jurisdiction to investigate a case or class of cases under this Part, the Ombudsman may apply to the Supreme Court for a declaratory order determining the question under the Declaratory Judgments Act 1988. 22. Mode of complaint – (1) A complaint to the Ombudsman may be made in person, in writing, by telephone or in any other form of communication. (2) As an exception to any enactment, a letter written and addressed to the Ombudsman by: (a) a person in custody on a charge or after conviction of an offence; or (b) an inpatient under the Mental Health Act 2007,– must be immediately forwarded, unopened, to the Ombudsman by the person-in-charge of the place or institution where the writer of the letter is detained or of which writer is an inpatient. (3) A person, other than the Ombudsman, who opens a letter in contravention to subsection (2) commits an offence and is liable to a fine not exceeding 20 penalty units. 23. Refusal to investigate complaint – (1) The Ombudsman may refuse to investigate a complaint further, if, when investigating the complaint within his or her jurisdiction, it appears to the Ombudsman that: (a) under the law or existing administrative practice there is an adequate remedy or right of appeal, other than the right to petition Parliament, for the complaint (whether or not the complainant has utilised the remedy or right); or (b) having regard to all the circumstances of the case, a further investigation is unnecessary.