Territory Stories

OmbudsmanNT Investigation Report Matters arising from allegations of inappropriate conduct by a former Commissioner of Police and another police officer May 2015

Details:

Title

OmbudsmanNT Investigation Report Matters arising from allegations of inappropriate conduct by a former Commissioner of Police and another police officer May 2015

Other title

Tabled paper 1378

Collection

Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT

Date

2015-06-04

Description

Tabled by Adam Giles

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C01025

Parent handle

https://hdl.handle.net/10070/274103

Citation address

https://hdl.handle.net/10070/425691

Page content

35 Chapter 6 - Complaint and report process Scope and limits of Ombudsman jurisdiction 211. The office of Ombudsman is a created by statute and the powers of the Office to investigate and make recommendations is set and confined by statute. 212. The Ombudsman has broad powers but they are not unlimited. 213. The Ombudsman can investigate administrative actions of a public authority and the conduct of a police officer. This does not include the actions of Members of the Legislative Assembly or Ministers of the Northern Territory Government whose offices are established under the Commonwealth Northern Territory (Self-Government) Act 1978. 214. Further limits are placed on the powers of the Ombudsman by sections 15 and 16(1)(c) of the Ombudsman Act, which state: 15 Executive and ministerial matters must not be investigated (1) The Ombudsman must not investigate the deliberations of: (a) the Executive Council or Cabinet; or (b) a committee of the Executive Council or Cabinet. (2) In addition, the Ombudsman must not question the merits of a decision: (a) made by: (i) the Administrator, Executive Council or Cabinet; or (ii) a committee of the Executive Council or Cabinet; or (b) made personally by a minister. 16 What administrative actions may not be investigated (1) The Ombudsman must not investigate administrative action taken by: (c) a person acting as counsel or legal adviser to the Territory for the Territory or a minister; 215. The focus of the Ombudsmans powers is therefore on the activities of Government departments, agencies and officers, not on Ministers and Members of the Legislative Assembly. 216. The Ombudsman can consider advice and information provided by officers of departments and agencies to Ministers in so far as they amount to reviewable administrative actions or police conduct but in doing so is constrained by the provisions discussed above.