BackThe new Ombudsman Act 2017 commenced on 31 January 2018. This new Act which was passed by Parliament on 26 July 2017 repeals the old Ombudsman (Further Provisions) Act, Chapter 88.
The coming into effect of this new Act means, among other things, that any person who is unhappy about how any government office or its contractor deals with him or her can complain to the Ombudsman either verbally (in person or through telephone) or in writing (letter or email).
The Act allows the Ombudsman to investigate complaints of administrative conducts only or what is commonly referred to as maladministration – not criminal conduct or complaints about court decisions or other such expert decisions or opinions. Members of the public who think they are unfairly treated by any government agency, ministry or department are therefore encouraged to raise complaints of administrative conducts only to the Ombudsman’s Office.
However, the new Act provides for a referral mechanism where the Ombudsman can refer to another authority complaints or part of a complaint which is not maladministration. This means that if a person is confused as to whether or not a certain conduct that affects him or her is administrative or which authority to see regarding that conduct, the new Act allows you to come to the Ombudsman to complain about that action or inaction and the Ombudsman can refer you to the office or authority he or she thinks appropriate to deal with your matter.
Examples of general administrative conducts are, but not limited to:
- undue delay,
- incorrect or unlawful action (such as reprimanding or disciplining an officer for reporting you to the authorities);
- failure to make a decision or take any action;
- failure to give reason for a decision;
- giving a decision that no reasonable person can make;
- failure to follow procedures or law (e.g. decisions that are ultra vires or ignoring rules of natural justice;
- inadequate or poor record-keeping;
- failure to reply (despite reminders);
- gives misleading or inaccurate statements;
- chronic “Kam baek tumoro”.
The new Act also allows a third party to complain to the Ombudsman on behalf of the person affected by a certain administrative conduct.
The Ombudsman is empowered by this new Act to not only investigate appropriate complaints that it received but can also initiate investigations on its own from information received from any other source including the media.
The new Act empowers the Ombudsman to request information, document or thing from any person for purposes of his investigations or may also request a person to attend to give information. Failure to comply with such request is an offence attracting a penalty of $50,000.00 fine or 5 years imprisonment, or both. Giving misleading information or document that contains misleading information is also a crime punishable with a similar penalty. The increase of the penalties is an improvement under the new Act from the old one.
The Ombudsman can, after investigations, prepare a report on its findings. If the agency complained against is wrong, the Ombudsman can make recommendations to that agency on how best the Ombudsman thinks the problem should be solved. Where an agency fails to implement the recommendations of the Ombudsman, the Ombudsman can make a report for tabling in Parliament so that the agency can account to Parliament.
The Office of the Ombudsman hopes this new legal tool will assist the office to continue to be effective in its “watch-dog” role, acting as a medium for the public to channel complaints through and in turn, for the government to measure the efficiency and effectiveness of its systems including whether there is a fair, transparent and accountable public administration that benefits the people of Solomon Islands.
Source: Office of the Ombudsman, Solomon Islands
