2007 Ombudsman Act 24 253extwprlegs1.fao.org/docs/pdf/grn150790.pdf2007 Ombudsman Act 24 253 ARRANGEMENT OF CLAUSE S PART I PRELIMINARY 1. Short Title. 2. Interpretati on. 3. Application

2007 Ombudsman Act 24 253

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY

1. Short Title.

2. Interpretation.

3. Application of Act.

PART II

ESTABLISHMENT OF OFFICE OF OMB UDSMAN

4. Office of the Ombudsman.

5. Tenure of office.

6. Removal from office.

7. Disqualification of appointment.

8. Resignation.

9. Filling of Vacancy.

10. Acting appointment.

11. Remuneration of Ombudsman.

12. Pension and Gratuities.

13. Oath of office.

14. Appointment of officers.

15. Delegation.

16. Secrecy of information.

17. Privilege.

18. Protection of title.

19. Funding of accounts.

PART III

FUNCTIONS OF THE OM BUDSMAN

20. Functions and jurisdiction.

21. Initiation of investigation.

22. Making of complaint.

254 Act 24 Ombudsman 2007

23. Preliminary and minor inquiries.

24. Refusal to investigate.

25. Mediation.

26. Extent of exercise of powers.

PART IV

PROCESS OF INVESTIGATION

27. Notice of intention to investigate.

28. Evidence.

29. Restriction on disclosure of certain matters.

30. Power to enter premises and retain documents.

31. Procedure on completion of investigation.

32. Annual and Special reports.

33. Register.

PART V

OFFENCES AND CLAIMS

34. Offences.

35. Remedy under any other provision of law unaffected.

PART VI

MISCELLANEOUS

36. Regulations.

SCHEDULE I

SCHEDU LE II


GRENADA

ACT NO. 24 OF 2007

I assent,

DANIEL CHARLES WILLIAMS 14th September, 2007. Governor-General.

AN ACT to provide for the appointment of anOmbudsman with power to investigate theadministrative actions taken by or on behalf of theGovernment and other authorities, and for otherpurposes connected therewith.

[ 21st September, 2007 ].

BE IT ENACTED by the Queen’s Most Excellent Majestyby and with the advice and consent of the Senate and Houseof Representatives and by the authority of the same asfollows—

PART I

PRELIMINARY

Short title. 1. This Act may be cited as the

OMBUDSMAN ACT, 2007.

Interpretation. 2.—(1) In this Act —


“administrative action” means any action taken by oron behalf of an authority in the exercise of itsadministrative functions and includes—

(a) a decision or an act;

(b) a failure to make a decision or do an act,including a failure to provide reasons for adecision;

(c) a recommendation;

(d) any action taken because of arecommendation; or

(e) a failure to make a recommendation;

“complainant” means a person who makes a complaintpursuant to Section 20;

“Court” means the High Court;

“emoluments” means salary, allowances and fees;

“functions” includes duties and powers;

“Government” means the Government of Grenada;

“investigation” means an investigation carried outpursuant to the provisions of this Act;

“mal-administration” means inefficient, bad orimproper administration and, without derogationfrom the generality of the foregoing, includes—

(a) unreasonable delay in dealing with thesubject matter of an investigation;


(b) abuse of power, including any discretionarypower; or

(c) administrative action that was—

(i) contrary to law;

(ii) unfair, oppressive, discriminatory orbased on procedures that are unfair,oppressive or discriminatory;

(iii) based wholly or partly on a mistakeof law or fact or irrelevant grounds;

(iv) related to the application of arbitraryor unreasonable procedures; or

(v) negligent;

“public authority” means—

(a) a corporation established by an Act ofParliament for the purpose of providing apublic function and subsidiary companythereof registered pursuant to theprovisions of the Companies Act;

(b) a Department or Ministry of theGovernment;

(c) any body, board, commission, committeeor other similar body providing a publicfunction;


“public function” means any activity performed asingle time or continually, whether or notpayment is received for it, and which is carriedout by—

(a) a person for or on behalf of or under thedirection of a Ministry, Department ofGovernment, a statutory body, localgovernment authority or a governmentcompany;

(b) a body, whether public or private providingpublic utilities including the provision ofwater, electricity or communications;

“public office and public service” shall have themeaning assigned to them respectively pursuantto section 111 of the Constitution;

“Public Service Commission” means the Public ServiceCommission established pursuant to section 83 ofthe Constitution;

(2) The references in this Act to a Ministry,Department or Agency of Government shall includereferences to the Minister, Minister of State, members orofficers of that Ministry, Department or Agency or any otherperson acting on behalf of such person or persons in theexercise or performance of a function conferred on suchperson or persons pursuant to any law in force in Grenada.

Applicationof Act.

3.—(1) This Act shall apply to all public authorities.


PART II

ESTABLISHMENT OF OFFICE OF OMBUDSMAN

Office of theOmbudsman.

4.—(1) There shall be an Ombudsman for Grenada whoshall be appointed by the Governor-General on therecommendation of the Prime Minister and the Leader of theOpposition.

(2) A person appointed as Ombudsman shall be aperson of high integrity, capable of exercising diligence,sound judgment, confidentiality and impartiality in fulfillinghis or her duties pursuant to the provisions of this Act.

(3) Notwithstanding anything to the contrarycontained in this Act, the Office of the Ombudsman shall notbe deemed to be an office in the public service.

Tenure of office. 5.—(1) Subject to the provisions of this section, a personappointed as Ombudsman shall hold office for a period notexceeding five years and shall, at the expiration of suchperiod, be eligible for reappointment.

(2) A person appointed as Ombudsman pursuant tosubsection (1) may on his or her own request be relieved ofhis or her office by the Governor-General and shall in anycase, subject to the provisions of subsections (3) and (4),vacate office on attaining the age of sixty five years.

(3) The Governor-General acting on therecommendations of the Prime Minister and the Leader of theOpposition, may permit an Ombudsman who attains the ageof sixty five years to continue in office until he or she hasattained such later age not exceeding seventy years, as may beagreed between them.


(4) Notwithstanding that the Ombudsman hasattained the age required by or under the provisions of thissection to vacate his or her office, the Ombudsman maycontinue in office for such period after attaining the age ofsixty five as the Governor-General, acting on therecommendation of the Prime Minister and the Leader of theOpposition may specify in order to enable the Ombudsman togive his or her decision or do any other thing in relation toany investigation he or she was conducting before he or sheattained that age.

(5) Nothing done by the Ombudsman shall be invalidby reason only that he or she has attained the age at which heor she is required by this section to vacate office.

Removal fromoffice.

6.—(1) The Ombudsman may be removed from office onlyfor inability to discharge the functions of his or her office,whether arising from infirmity of body or mind or any othercause, or for misbehaviour, and shall not be removed exceptin accordance with the provisions of subsection (2).

(2) Subject to subsection (3), the Ombudsman shallbe removed from office by the Governor-General, if thequestion of his or her removal has been referred to theAdvisory Council appointed pursuant to subsection (3) andthe Advisory Council has recommended to the Governor-General that the Ombudsman ought to be removed fromoffice pursuant to the provisions of subsection (1).

(3) Where the Governor-General, acting on theadvice of the Prime Minister and the Leader of theOpposition, considers the question of removing theOmbudsman from office in accordance with the provisions ofthis section, the Governor-General shall appoint an AdvisoryCouncil which shall consist of the following persons —


(a) a Judge of the High Court;

(b) The Senior Magistrate; and

(c) an Attorney-at-Law of at least seven yearsstanding.

(4) The Advisory Council shall inquire into thematter and report on the facts to the Governor-General andadvise the Governor-General as to whether the Ombudsmanought to be removed pursuant to this section.

(5) If the question of removing the Ombudsman fromoffice has been referred to the Advisory Council, theGovernor-General may suspend the Ombudsman fromperforming the functions of his or her office and any suchsuspension may at any time be revoked by the Governor-General and shall in any case, cease to have effect if theAdvisory Council advises the Governor-General that theOmbudsman ought not to be removed from office.

(6) The Advisory Council shall give the Ombudsmanan opportunity to show cause as to why he or she should notbe removed from office.

Disqualificationsof appointment.

7.—(1) A person shall not be qualified for appointment tothe Office of Ombudsman if he or she—

(a) is a member of the House of Representativesor the Senate;

(b) is a public officer;

(c) is an undischarged bankrupt; or

(d) has at any time been convicted of an offenceinvolving dishonesty or moral turpitude.


(2) The Ombudsman shall vacate office if anycircumstances arise that if he or she were not Ombudsman,would cause him or her to be disqualified for appointment assuch, by virtue of subsection (1) of this section.

(3) A person appointed as an Ombudsman shall bea full time officer and—

(a) shall not be employed in any other capacityduring any period in which he or she holdsoffice as Ombudsman; and

(b) shall not at any time after he or she has ceasedto hold office as Ombudsman, be eligible forappointment in the public service.

Resignation. 8. The Ombudsman may resign his or her office in writingsigned by him or her and delivered to the Governor-Generaland upon receipt of his or her resignation by the Governor-General, he or she shall be deemed to have vacated his or heroffice.

Filling ofvacancy.

9.—(1) If the Ombudsman dies or resigns from office or isremoved from office in accordance with the provisions of thisAct, the Governor-General acting on the recommendation ofthe Prime Minister and the Leader of the Opposition shalldesignate a person to act in that office during such vacancyuntil a substantive appointment is made.

ActingAppointment.

10.—(1) Subject to subsection 2, the Governor-Generalacting on the advice of the Prime Minister after consultationwith the Leader of the Opposition, may appoint a person toact in the office of Ombudsman during—


(a) a period, or during all periods when the personholding the office is absent from duty or fromGrenada or is, for any other reason unable toperform the duties of his or her office;

(b) the suspension from office of the personholding the office; or

(c) a vacancy in the office,

until a substantive appointment is made.

(2) The appointment of a person pursuant tosubsection (1) to act in the Office of the Ombudsman shallnot prevent a subsequent appointment of that person oranother person in accordance with this section.

(3) The Governor-General may at any time,terminate an appointment under this section.

(4) A person appointed to act in the Office ofOmbudsman during a vacancy in office shall not continue soto act for a period exceeding twelve months.

(5) Where a person is acting in the office of theOmbudsman in pursuance of an appointment under thissection, he or she has, and may exercise, all the powers, andhe or she may perform all the functions, of the holder of thatoffice pursuant to the provisions of this Act.

Remuneration ofOmbudsman.

11.—(1) Subject to subsection (2), the Ombudsman shallreceive such emoluments and may be subject to such otherterms and conditions of service as may from time to time beprescribed by or under any law or by resolution of Parliament,such emoluments being not less than the emoluments whichmay, from time to time, be payable to a Puisne Judge.


(2) The emoluments and terms of conditions ofservice of the Ombudsman, other than allowances that are nottaken into account in computing pensions, shall not be alteredto his or her disadvantage during the period of his or herappointment or re-appointment, as the case may be.

(3) The emoluments for the time being payable to theOmbudsman by virtue of this Act shall be charged on andpaid out of the Consolidated Fund.

Pensions andgratuities.

12. Ombudsman shall receive such provisions and otherbenefits on retirement as may be prescribed.

Oath of office. 13.—(1) Before first entering upon the exercise of theoffice of the Ombudsman, the Ombudsman and an actingOmbudsman shall each take an oath or make an affirmationas provided for in Schedule I that he or she will faithfully andimpartially perform the duties of the office, and that he or shewill not, except for the purposes of carrying out or givingeffect to the provisions of this Act, divulge any informationreceived by him or her under this Act.

(2) An oath taken or affirmation made pursuant tosubsection (1) shall be administered by a judge.

Appointmentof officers.

14.—(1) The Ombudsman may appoint and employ for thepurposes of this Act, on such remunerations and on suchterms and conditions as may be approved by the House ofRepresentatives such officers and agents as may beconsidered necessary to assist him or her in the properperformance of his or her functions under the Act.

(2) Without prejudice to subsection (3), the PublicService Commission, may subject to such conditions as maybe imposed, approve the transfer of an officer in the publicservice to the office of the Ombudsman, provided that in


relation to pension, gratuity, allowances and other rights as apublic officer such officer shall be deemed to be in the publicservice while so employed.

(3) The Ombudsman may in the conduct of aninvestigation, engage from time to time such technical orprofessional advisers as he or she considers necessary to assisthim or her in the discharge of his or her functions.

(4) A person transferred pursuant to subsection (1)and a person engaged pursuant to subsection (2) shall, beforecommencing duties, take an oath before the Ombudsman notto divulge any information received pursuant to the provisionsof this Act, save and except if permitted by this Act.

(5) Every person appointed pursuant to theprovisions of this section shall be subject to the direction andcontrol of the Ombudsman in the performance of his or herfunctions.

Delegation. 15.—(1) The Ombudsman may, by instrument in writingdelegate to a duly authorized member of staff of the office ofthe Ombudsman, any of his or her powers pursuant to theprovisions of this Act, save and except his power ofdelegation and the powers conferred on him or her under thisAct.

(2) A power so delegated may be exercised by thedelegate in accordance with the instrument of delegation.

(3) A delegate shall, upon request by a personaffected by the exercise of any power delegated to him or her,produce the instrument of delegation, or a copy of theinstrument, for inspection.


(4) A delegation under this section is revocable bythe Ombudsman at will and shall not prevent the exercise ofa power delegated under this Act by the Ombudsman.

Secrecy ofinformation.

16.—(1) The Ombudsman and every person appointedpursuant to section 14 shall maintain secrecy in respect of allmatters that come to their knowledge in the exercise of theirfunctions and shall not communicate any such matter to anyother person save and except for the purpose of carrying outfunctions under this Act.

(2) Information or documents obtained by theOmbudsman or persons engaged or employed pursuant tosection 14 in the course of an inquiry or investigation shallnot be disclosed except for the purpose of —

(a) a reference to an authority pursuant to section28; or

(b) a report to Parliament pursuant to section 32;or

(c) proceedings pursuant to section 35.

Privilege. 17.—(1) No proceedings, civil or criminal, shall lie againstthe Ombudsman or any person appointed pursuant to section14 in respect of anything done or omitted to be done orreported or said in the performance or intended performanceof their functions pursuant to this Act unless it is shown thatthe Ombudsman or the person acted in bad faith.

(2) Neither the Ombudsman or any person appointedunder section 14 shall be called to give evidence in any court,or in any proceedings of a judicial nature, in respect ofanything coming to their knowledge in the exercise of theirfunctions under the Act.


(3) Anything said or any information given in anydocument or thing produced by any person in the course of aninvestigation conducted by, or proceedings before theOmbudsman under this Act shall be privileged in the samemanner as if the investigation or proceedings wereproceedings in the court.

Protection oftitle.

18. No person, other than the person for the time beingappointed as Ombudsman may—

(a) use the title “Ombudsman”; or

(b) hold himself or herself out to be theOmbudsman.

Funding andaccounts.

19.—(1) Subject to the provisions of this section theOmbudsman shall be responsible for approving the level ofcapital equipment, furnishings, materials and administrativeactivities for the carrying out of the functions, powers andduties under this Act.

(2) The finance required for the salary andallowances of the Ombudsman, and for the resourcesdescribed in section 14 and subsection (1) and for this sectionshall not exceed a maximum amount indicated in anOmbudsman plan approved by the House of Representativesand shall be a charge on the Consolidated Fund without anyfurther appropriation other than this Act.

Provided that the Ombudsman shall present to the House ofRepresentatives by the 15th day of September of each year, anOmbudsman plan which will indicate the activities for theensuing year.

(3) The accounts of the Office of the Ombudsmanshall be audited by the Director of Audit, and the provisionsof the Finance and Audit Act shall apply.


PART III

FUNCTIONS OF THE OMBUDSMAN

Functions andjurisdiction.

20.—(1) The functions of the Ombudsman are asfollows—

(a) subject to subsection (2), to investigate anyadministrative action of a public authority forthe purpose of deciding whether there isevidence of mal-administration on the part ofthe public authority; or whether any person orbody of persons has or may have sustainedinjustice, injury or abuse as a result of anyaction taken by public authority or an officeror a member of such public authority;

(b) pursuant to an investigation, to makerecommendations to the public authorityconcerning any administrative action thatformed the subject of the investigation and,generally, about the ways of improving itsadministrative practices and procedures; and

(c) to perform such other functions as may beconferred on him or her pursuant to theprovisions of this Act.

(2) Subject to the provisions of this Act, theOmbudsman may investigate any administrative action takenby or on behalf of a public authority—

(a) where a complaint is made to him or her by aperson who claims to have been treatedunjustly as a result of mal-administrationarising from or in connection with theadministrative action taken by the publicauthority;


(b) on his or her own motion, notwithstandingthat no complaint has been made to him orher, where he or she is satisfied that there arereasonable grounds to carry out aninvestigation in the public's interest.

(3) The Ombudsman shall not investigate any matteror action which arose or took place more than ten years priorto the commencement of this Act.

(4) The Ombudsman may conduct an investigationnotwithstanding a provision in any enactment to the effectthat—

(a) any decision, recommendation or act of apublic authority shall be final;

(b) no appeal shall lie in respect thereof; or

(c) no proceeding of a public authority shall bechallenged, reviewed, quashed or called intoquestion.

(5) The expression “abuse” as used in subsection (1)above shall include any act of dishonesty or refusal to act andany act motivated by discrimination based on religion,language, race, sex, colour, creed, disability or infirmity.

(6) Subject to the provisions of subsection (7), theOmbudsman shall not investigate—

(a) any such action aforesaid in respect of whichthe complainant has already sought a remedyby way of proceedings in any court or in anytribunal constituted by or under any law;


(b) any such action or matters as are described inSchedule II; or

(c) the exercise of the powers conferred on theGovernor-General pursuant to section 72 ofthe Constitution which relates to theprerogative of mercy.

(7) The Ombudsman shall not be precluded fromconducting an investigation in respect of any matter by reasononly that it is open to the complainant to apply to the court forredress pursuant to section 16 of the Constitution, whichrelates to redress for contravention of the provisions for theprotection of fundamental rights and freedoms.

(8) If any question arises as to whether theOmbudsman has jurisdiction to investigate any case or classof cases under this Act, he or she may apply to the Court fora declaration determining that question.

(9) The fact that an action is commenced in any courtin connection with a matter under investigation by theOmbudsman shall not, unless the court otherwise directs,preclude such investigation.

Initiation ofinvestigation.

21. An investigation pursuant to section 20 may beundertaken by the Ombudsman on his or her own initiative oron a complaint made to him or her pursuant to section 22.

Making ofcomplaint.

22.—(1) A complaint to the Ombudsman about anyadministrative action of a public authority—

(a) shall be made by an aggrieved person, but maybe made on his or her behalf by a member ofhis family or other suitable person to act forhimself or herself;


(b) may be made orally, electronically or inwriting; and

(c) shall be made within one year after the day thecomplainant first had notice of theadministrative action.

(2) Where the complaint is made to the Ombudsman,he or she shall record—

(a) the name of the complainant, his or heraddress and telephone number; and;

(b) the subject matter of the complaint; and

(c) the date when the complaint was made.

(3) The provisions of any law now or hereafter inforce in Grenada prohibiting or restricting or authorizing orrequiring the imposition of prohibitions or restrictions oncommunication between any person and any other personshall not apply to any communication between any person andthe Ombudsman for the purpose of making a complaint underthis Act and any person having the right or being under a dutyto keep in custody or to detain in any place a person whodesires to make a complaint under this Act shall take thenecessary steps to facilitate the making of the complaint.

(4) A person who is in custody, including on remand,shall be entitled—

(a) on making a request to the person in whosecustody he or she is detained or to any otherperson performing duties in connection withhis or her detention to—


(i) be provided with facilities for preparinga complaint in writing pursuant to thisAct for furnishing to the Ombudsmanand after the complaint has been made,any other relevant information and forenclosing the complaint or otherinformation, if any, in a sealedenvelope;

(ii) have sent to the Ombudsman, withoutundue delay, a sealed envelopedelivered by him or her to any suchperson and addressed to theOmbudsman; and

(b) to have delivered to him or her, without unduedelay, any sealed envelope, addressed to himor her and sent by the Ombudsman, thatcomes in the possession or under the controlof the person in whose custody he or she isdetained or of any other person performingduties in connection with his or her detention.

(5) Where a sealed envelope addressed to theOmbudsman is delivered by a person detained in custody toa person referred to in subsection (4) for sending to theOmbudsman, or a sealed envelope addressed to a person sodetained and sent by the Ombudsman comes into thepossession or under the control of a person referred to in thatsubsection, neither the person in whose custody the firstmentioned person is detained nor any other person performingduties in connection with his or her detention shall be entitledto open the envelope or to inspect any document enclosed inthe envelope.


(6) For the purposes of subsections (4) and (5), theOmbudsman may make arrangements with the appropriatepublic authority for the identification and delivery of sealedenvelopes sent by the Ombudsman to persons detained incustody.

Preliminary andminor inquiries.

23.—(1) Where a complaint has been made to theOmbudsman in respect of an action taken by, or on behalf ofa public authority the Ombudsman may make inquiries of thepublic authority for the purposes of determining whether ornot he or she is authorized to investigate the action—

(2) If pursuant to subsection (2) the Ombudsman isauthorized to investigate the action, the Ombudsman shalldecide

(a) whether or not if he or she may subject tosection 24, decide not to investigate theaction; or

(b) whether or not he may determine the actionwithout the need for an investigation underthis Act;

having regard to the nature and seriousness of the complaint.

(3) An inquiry under subsection (1) is not aninvestigation for the purposes of section 27.

Refusal toinvestigate.

24.—(1) The Ombudsman may refuse to investigate ormay cease investigating a complaint if, in the opinion of theOmbudsman, any of the following apply—


(a) the complainant knew or ought to have knownof the decision, recommendation, act oromission to which he or she refers more thana year before the complaint was received bythe Ombudsman;

(b) the subject matter of the complaint primarilyaffects a person other than the complainantand the complainant does not have sufficientpersonal interest in it and is not making thecomplaint pursuant to section 22 (1) (a);

(c) the law or existing administrative procedureprovides a remedy adequate in thecircumstances for the complainant, and, if thecomplainant has not availed himself or herselfof the remedy, there is no reasonablejustification for the failure to do so;

(d) the complaint is frivolous, vexatious, notmade in good faith or concerns a trivialmatter;

(e) having regard to all the circumstances, furtherinvestigation is not necessary in order toconsider the complaint;

(f) if in the circumstances, investigation wouldnot benefit the complainant;

(g) the complainant has abandoned thecomplaint–

(i) by failing to advise the Ombudsman ofa current address or a telephone numberat which the Ombudsman can contacthim or her;


(ii) by failing to respond after a reasonablenumber of attempts by the Ombudsmanto contact him or her verbally inwriting;

(h) the complaint is withdrawn by thecomplainant by notice to the Ombudsman;

(i) the complaint is settled pursuant to section 25.

(2) For the purposes of subsection 1 (a), acomplainant shall be deemed to have first had knowledge ofthe matters alleged in the complaint at the time when he orshe might reasonably be expected to have had that knowledge.

(3) Where the Ombudsman decides not to undertakeor continue the investigation of a complaint, he or she shallnotify the complainant of his or her decision and give reasonstherefor.

(4) The Ombudsman may indicate with thenotification under subsection (3) any other recourse that maybe available to the complainant.

Mediation. 25.—(1) The Ombudsman may decide to deal with acomplaint by mediation under this section if he or she is ofthe opinion having regard to all the circumstances of the case,that mediation is suitable to such circumstances.

(2) The Ombudsman may authorize any personappointed pursuant to section 14 (3) to act as a mediator inany mediation.

(3) Participation in the mediation by the publicauthority that is the subject of the investigation and thecomplainant is voluntary, and any party may withdraw at anytime.


(4) The mediator may decide to terminate themediation at any time and, where he or she does so, he or sheshall give reasons for his or her decision.

(5) If an attempt to deal with a complaint bymediation under this section is unsuccessful—

(a) the complaint shall be treated under this Actas if the mediation had not taken place; and

(b) the mediator is excluded from participating asan investigating officer in any subsequentinvestigation of the complaint.

(6) Anything said or admitted during the mediationand any document prepared for the purposes of suchmediation—

(a) shall not be admissible in evidence in anysubsequent investigation of the complaint thatis the subject of the investigation unless theperson who said or admitted the thing, or towhom the document related, consents to itsadmission; and

(b) shall not be admissible in evidence against anyperson in any court or at any inquiry or in anyproceedings;

and no evidence in respect of the mediation may be givenagainst any person.

Extent ofexercise ofpowers.

26. Subject to the provisions of the Constitution, thepowers conferred on the Ombudsman pursuant to theprovisions of this Act may be exercised notwithstanding anyprovision in any law that an act done thereunder shall not bechallenged, reviewed, quashed or called into question.


PART IV

PROCESS OF INVESTIGATION

Notice ofintention toinvestigate.

27.—(1) If the Ombudsman decides to conduct aninvestigation he or she shall, before commencing theinvestigation, give the principal officer of the public authoritythat is the subject of the complaint and the complainant noticein writing, pursuant to subsection (2).

(2) The notice shall—

(a) inform the principal officer and thecomplainant of the intention of theOmbudsman to conduct the investigation;

(b) identify the administrative action that informsthe subject of the investigation; and

(c) inform the Principal Officer of the publicauthority and the complainant in general termsof the powers of the Ombudsman in respect ofan investigation.

(3) Every investigation under this Act shall beconducted in private.

(4) The Governor-General may make regulations toprescribe the procedure to be adopted at any hearing of theOmbudsman.

(5) The Ombudsman shall not be required to holdany hearing for the purposes of an investigation, and he or shemay obtain information from and consult with such personsand in such manner as he or she thinks fit and may determinewhether any person may be represented by an attorney-at-lawor otherwise, in the course of the investigation.


(6) If at any time during the course of aninvestigation, it appears to the Ombudsman that there aregrounds for making a report adverse to a public authority heor she shall, before making the report, afford the PrincipalOfficer of the public authority an opportunity to comment onthe subject matter of the investigation.

(7) If the Minister makes a request to theOmbudsman to be consulted or if an investigation by theOmbudsman relates to any recommendation made to aMinister, the Ombudsman shall consult with the Minister whomade the request or to whom the recommendation was madein relation to the public authority which made therecommendation or caused it to be made, before forming afinal opinion adverse to the administrative action concerned.

(8) If during or after an investigation theOmbudsman is of the final opinion that there is evidence of abreach of duty or misconduct on the part of an officer,member or employee of or within a public authority to whichthis Act applies, he or she shall—

(a) report the matter to the principal officer of thepublic authority; and

(b) send a copy of the report to the Ministerresponsible for the public authority.

(9) For the purposes of an investigation under thisAct, the Ombudsman shall have the same process as a judgeof the Supreme Court in respect of the attendance andexamination of witnesses as the production of documents.

Evidence. 28.—(1) Subject to the provisions of this Act, for thepurposes of an investigation the Ombudsman—


(a) may require any officer or member of thepublic authority that is the subject of theinvestigation, the complainant or any personwho is in his or her opinion able to provideinformation or produce documents relevant tothe investigation, to give such information orproduce such documents; and

(b) may summon before him or her and examineon oath or affirmation any person referred toin paragraph (a).

(2) For the purposes of such an investigation, theOmbudsman shall have the same powers as a Judge of theSupreme Court in so far as those powers relate to theattendance and examination of persons, including theadministration of oaths or affirmation, and in respect of theproduction of documents.

(3) Subject to the provisions of this Act, anyobligation to maintain secrecy or any restriction on thedisclosure of information or the production of any documentor paper or thing imposed on any person by or under any lawshall not apply in relation to the disclosure of information orthe production of any document or thing by that person to theOmbudsman for the purpose of an investigation; and a personshall not be liable to prosecution for an offence under anysuch law by reason only of his or her compliance with arequirement of the Ombudsman pursuant to the provisions ofthis Act.

(4) A person shall not, for the purposes of aninvestigation, be compelled to give any evidence or produceany document or thing which he or she could not becompelled to give or produce in the proceedings of any courtof law.


Restriction ondisclosure ofcertain matters.

29.—(1) Where the Cabinet Secretary, at the direction ofthe Cabinet—

(a) gives notice that the disclosure by theOmbudsman of any document or informationspecified in the notice, or any class ofdocuments or information so specified,would—

(i) involve the disclosure of thedeliberations or proceedings of theCabinet or any committee thereof,relating to matters of a secret orconfidential nature and is likely to beinjurious to the public interest; or

(ii) prejudice the relations of Grenada withthe Government of any other country, orwith any international organisation; or

(iii) prejudice the detection of offences,

the Ombudsman or any member of his or her staffshall not communicate to any person for anypurpose, any document or information specified inthe notice, or any document or information of a classso specified;

(b) certifies that the giving of any information orthe answering of any question or production ofany document or thing would prejudice thesecurity or defence of Grenada,

the Ombudsman shall not further require such information oranswer to be given or such document or thing to be produced.


Power to enterpremises andretaindocuments.

30.—(1) The Ombudsman may, for the purpose ofpreventing or detecting crime or protecting the rights orfreedoms of any person, enter any premises occupied by apublic authority in order to inspect any document or recordtherein in respect of any matter under investigation and may,without prejudice to the provisions of section 28 and section29, make such inquiries and retain such documents or records,as he or she considers necessary to such investigation.

(2) Before entering upon any premises pursuant tosubsection (1), the Ombudsman shall notify the principalofficer of the public authority by which the premises areoccupied.

Procedure oncompletion ofinvestigation.

31.—(1) This section shall apply where, as a result of aninvestigation by the Ombudsman under this Act, theOmbudsman is of the opinion that the administrative actionto which the investigation relates—

(a) appears to have been taken contrary to law;

(b) was unreasonable, unjust, oppressive, ordiscriminatory;

(c) was taken in the exercise of a power ordiscretion, and was so taken for an improperpurpose or on irrelevant grounds, or the takinginto account of irrelevant considerations;

(d) was a decision that was made in the exerciseof a power or discretion and the reasons forthe decision were not but should have beengiven;

(e) was based wholly or partly on a mistake oflaw or fact; or

(f) was wrong.


(2) Where this section applies and the Ombudsmanis of the further opinion—

(a) that the subject matter of the investigationshould be referred to the public authorityagainst which the complaint was made forfurther consideration;

(b) that action could be and should be, taken torectify, mitigate or alter the effects of theadministrative action to which theinvestigation relates;

(c) that any practice in accordance with which theadministrative action was taken should bevaried;

(d) that any law in accordance with which or onthe basis of which the action was taken shouldbe reconsidered;

(e) that reasons should be given for the action; or

(f) that any other steps should be taken,

he or she shall report his or her opinion and his or her reasonsfor that opinion to the principal officer of the public authority,and may in addition make such recommendations as he or shethinks fit.

(3) Where the Ombudsman makes any report orrecommendations to the principal officer of a public authoritypursuant to subsection (2) he or she shall send a copy thereofto the Minister responsible for the public authority inquestion.


(4) Where pursuant to subsection (2), theOmbudsman makes recommendations to the principal officerof a public authority, he or she may request the principalofficer to notify him or her within a specified time of the stepsthat have been taken or are proposed to be taken or the reasonwhy no steps have been taken or are proposed to be taken.

(5) Where it appears to the Ombudsman that no stepsthat seem appropriate have been taken within a reasonabletime of his or her making any report or recommendationspursuant to subsection (2), he or she may, after consideringthe comments, if any, made by or on behalf of the principalofficer to whom the report or recommendations were made,send to the Minister a copy of the report and therecommendations together with a copy of such comments.

(6) Where a copy of any report, recommendations orcomments have been sent to the Minister pursuant tosubsection (5), the Ombudsman may prepare and furnish tothe Minister for presentation to Parliament a report on suchmatters to which they relate as the Ombudsman thinks fit andthe Minister shall cause the report to be laid before Parliamentwithin one month after its receipt by him or her.

(7) The Ombudsman shall not in any report underthis Act make any comment adverse to any person unless heor she has taken steps which are, in his or her opinion,sufficient to ensure that the person has been given areasonable opportunity of being heard in the matter and thedefence of the person, if any, is fairly set out in the report.

Annual andspecial reports.

32.—(1) The Ombudsman shall, as soon as practicable andin any case within six months after the end of each year,prepare a report on the performance of his or her functionspursuant to this Act during that year.

(2) Where—


(a) any administrative action that is underinvestigation is in the opinion of theOmbudsman, of public interest; or

(b) the Ombudsman has made a recommendationpursuant to section 30 (2) and within theperiod specified, or in his or her opinion noadequate action has been taken by the publicauthority to remedy the administrative actioncomplained against;

then the Ombudsman may prepare a special report on theinvestigation.

(3) The Ombudsman shall address and deliver his orher annual report and any special report made pursuant to thissection to the Speaker of the House of Representatives, andshall send a copy to the Governor-General and to thePresident of the Senate.

(4) Where any part of a report deals with any matterconcerning a public authority for which a Minister is chargedwith responsibility, the Ombudsman shall also send copies ofthat part or those parts of the report to the Minister for his orher information.

(5) The Ombudsman may, from time to time in thepublic interest or in the interest of a public authority, publishreports relating generally to the exercise of his or herfunctions or to any particular case investigated by him or her,whether or not the matter to be dealt with in any such reporthas been the subject of a report laid before Parliamentpursuant to the provisions of this Act.

Register. 33.—(1) Subject to subsection (2), where the Ombudsmandecides to investigate a complaint, he or she shall cause to berecorded in a register kept for the purpose—


(a) the name of the complainant;

(b) the subject-matter of the complaint and thedate thereof; and

(c) on the conclusion of the investigation, thedecision of the Ombudsman respecting thecomplaint;

and any person may, on the payment of such fees as may beprescribed, inspect during the hours and on the days ofbusiness of the Ombudsman, any register kept pursuant to thissubsection.

(2) A separate register shall be kept for any suchcomplaint as is mentioned in section 22 (4), and which shallnot be open to inspection.

PART V

OFFENCES AND CLAIMS

Offences. 34. A person who—

(a) willfully—

(i) contravenes the provisions of section 22(5); or

(ii) makes a false statement to or misleadsthe Ombudsman or any other person inthe execution of his or her functionsunder this Act; or

(b) without lawful justification or excuse—

(i) obstructs, hinders or resists theOmbudsman or any other person in theexecution of his or her functions underthis Act; or


(ii) fails to comply with a lawfulrequirement of the Ombudsman or anyother person under this Act; or

(c) in a manner inconsistent with his or her duty,directly or indirectly by himself or herself orby any other person, in any mannerwhatsoever, willfully influences or attempts toinfluence the decision of the Ombudsman withregard to any complaint made to him or her orto any investigation made by him or her;

commits an offence and shall be liable on summaryconviction to a fine not exceeding ten thousand dollars or toa term of imprisonment not exceeding three months or to bothsuch fine and imprisonment.

Remedy underany otherprovision of lawunaffected.

35.—(1) Nothing in this Act shall be construed as limitingor affecting any remedy or right of appeal, objection orprocedure given to any person by any other law.

(2) The Ombudsman may initiate or continue anyinvestigation and report thereon pursuant to this Actnotwithstanding any legal proceeding relating to the subjectmatter of the investigation.

PART VI

MISCELLANEOUS

Regulations. 36.—(1) The Governor-General may make regulations toprovide for any matter which is or may be prescribed by thisAct and for any other matter in respect of which it may benecessary or desirable to make regulations for the bettercarrying into effect of the provisions of this Act.


(2) All regulations made by the Governor-Generalpursuant to the provisions of this section shall be laid beforethe Parliament as soon as may be after the making thereof andshall be subject to negative resolution.

SCHEDULE I

Section 13

Oath to be taken by persons appointed

to assist the Ombudsman

I,…………………………………………. do swear (or solemnly and sincerely affirm and

declare) that I will faithfully perform any functions assigned to me under the Ombudsman

Act, and I will not, on any account, at any time whatsoever, except as in so far as

provisions of the Act authorize, directly or indirectly, reveal or make known any

information or the nature or contents of any documents communicated to me in the

performance of any functions assigned to me by virtue of the Act.

So help me God.

SCHEDU LE II

Section 20 (6)

Matters Not Subject to Investigation

1. The commencement or conduct of civil or criminal proceedings in any court of law

in Grenada or before any international court or tribunal.

2. Action taken by the Minister responsible for Foreign Affairs relating to the extradition

of any person.

3. Any decision or action of the Governor-General or the Public Service Commission

relating to the appointment, removal or disciplinary control of any person.

4. Any matter which affects the security or external relations of Grenada.


Passed by the House of Representatives the 10th day of August, 2007.

ADRIAN C. A. HAYES

Clerk to the H ouse of Representatives.

Passed by the Senate this 31st day of August, 2007.

ADRIAN C. A. HAYES

Clerk to the Senate.

))))))

GRENADA))))

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,ST. GEORGE'S

2007.

Documents

2007 Ombudsman Act 24 253extwprlegs1.fao.org/docs/pdf/grn150790.pdf2007 Ombudsman Act 24 253 ARRANGEMENT OF CLAUSE S PART I PRELIMINARY 1. Short Title. 2. Interpretati on. 3. Application