LLB230 Lecture Notes - Lecture 2: Extortion, Prison Officer, Determinative
WEEK 2: Ombudsman
- same as state basically
- cannot investigate some things
osome agencies
Booth
Prison officer spoke out anonymously
- is it a matter of administration
- due to him speaking out not as an employee it is not a matter of administration
- it was a matter of policy
Ombudsman has discretion not to investigate – s 6, 6A
- ie if you’ve “sat on your hands” leaving it 12 years
- sufficient interest to you
- appropriateness – other appropriate avenues
Ombudsman makes prelim enquiries – s 7
Formal investigation s 8
- must give an entity an option for submission s 8 (5A)
s 15; contrary to law
- unreasonable, unjust, oppressive, improperly discriminatory
the ombudsman sits in the integrity arm of government
may be part of parliament but not accepted
Fact or opinion; ombudsman is expected to make opinions not findings, can make some
findings of fact but not allowed to make any legal findings
2 Day FM
Breach of broadcasting license
Court found 2 day fm breached their broadcasting license
Dependant on statute
Aboriginal Chairperson Case
- found they were being distasteful/rude
- dismissed
if unhappy with the result you can take it up with the minister
Complaints v ‘own motion’ investigation
- ombudsman does both
- reactive v proactive
obetter decision making
oensures oppenners
Recomendary v determinative powers
- working with officials – closely
- without the officials could avoid investigation
- resistance to be imposed upon
determinative
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 2: ombudsman same as state basically cannot investigate some things: some agencies. Prison officer spoke out anonymously is it a matter of administration due to him speaking out not as an employee it is not a matter of administration it was a matter of policy. Ombudsman has discretion not to investigate s 6, 6a ie if you"ve sat on your hands leaving it 12 years sufficient interest to you appropriateness other appropriate avenues. Must give an entity an option for submission s 8 (5a) s 15; contrary to law unreasonable, unjust, oppressive, improperly discriminatory the ombudsman sits in the integrity arm of government may be part of parliament but not accepted. Fact or opinion; ombudsman is expected to make opinions not findings, can make some findings of fact but not allowed to make any legal findings. Court found 2 day fm breached their broadcasting license.
