14
Ombudsman (Komesina o Sulufaiga) Act 2013
(5) The Ombudsman must attach to a report sent or made
under subsection (4) a copy of any comment made by the
Ministry or organisation affected by the report.
29. Right to be heard on any adverse comments – As an
exception to section 28, the Ombudsman must not, in any report
made under this Act, make a comment that is adverse to a
person unless the Ombudsman has given the person an
opportunity to be heard.
30. Complainant to be informed of result of investigation
– (1) If, on an investigation following a complaint, the
Ombudsman makes a recommendation under section 28(2) and
(3), and no action which seems to the Ombudsman to be
adequate and appropriate is taken on the recommendation
within a reasonable time, the Ombudsman:
(a) must
inform
the
complainant
of
the
recommendation; and
(b) may make any comment on the matter.
(2) The Ombudsman must in any case inform the
complainant in writing of the result of the investigation.
31. Proceedings not to be questioned or to be subject to
review – (1) A proceeding of the Ombudsman must not be held
bad for want of form, except on the ground of lack of
jurisdiction.
(2) A proceeding or decision of the Ombudsman must not
be challenged, reviewed, quashed, or called into question in a
court.
32. Ombudsman not to give evidence – (1) The
Ombudsman or a staff member must not be called to give
evidence in a court, or in any proceedings of a judicial nature,
for anything coming to his or her knowledge when carrying out
the functions, duties or powers under this Part.
(2) Anything said or any information supplied or any
document or thing produced by any person in an inquiry or
proceedings before the Ombudsman under this Part has the
same privilege of an inquiry or proceedings in a court.