Ombudsman (Komesina o Sulufaiga) Act 2013
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(ii) for a decision made in the exercise of a
discretionary power, reasons should have
been given for the decision.
(2) If, in a case to which this section applies, the
Ombudsman is of the opinion that:
(a) the matter should be referred to the appropriate
authority for further consideration; or
(b) the omission should be rectified; or
(c) the decision should be cancelled or varied; or
(d) any
practice
on
which
the
decision,
recommendation, act, or omission was based
should be altered; or
(e) any law on which the decision, recommendation,
act, or omission was based should be
reconsidered; or
(f) reasons should have been given for the decision; or
(g) any other steps should be taken,–
the Ombudsman must report the opinion and reasons to the
appropriate Ministry or organisation, and may make
recommendations.
(3) For the purposes of subsection (2), the Ombudsman:
(a) may request the Ministry or organisation to notify the
Ombudsman, within a specified time, of any steps
that it proposes to take to give effect to the
Ombudsman’s recommendations; and
(b) must also send a copy of the report and
recommendations to the Minister or organisation
concerned with the report; or
(c) may make the report public if the report relates—
(i) to an own motion investigation; or
(ii) to an issue that is already in the public
domain and it is in the public interest to
make the report public.
(4) If, within a reasonable time after the report is made, no
action is taken which in the opinion of the Ombudsman to be
adequate and appropriate, the Ombudsman may:
(a) after considering any comment made by the
Ministry or organisation affected by the report,
send a copy of the report and recommendations
to the Prime Minister; and
(b) make a report to Parliament on the matter.