Own motion investigations
In addition to investigating complaints, an Ombudsman has the power, under section 13(3) of the Ombudsmen Act, to undertake “own-motion” investigations.
In other words, an Ombudsman can investigate any administrative act, omission, recommendation or decision even though no complaint about that act, omission, recommendation or decision has been made.
An Ombudsman has wide powers to investigate complaints. For example, an Ombudsman can obtain any information from any person that he or she sees fit and an Ombudsman can summons people and examine them on oath.
An Ombudsman’s own-motion powers are used rarely. However, in recent years, a number of own-motion investigations have been conducted:
- In 2003, Ombudsman Mel Smith began an own-motion investigation into the apparent failure of the Immigration Service of the Department of Labour to provide him with information relevant to an Official Information Act complaint that he was investigating. A pdf version of Mr Smith's report is available (186KB).
- In 2004, Ombudsmen John Belgrave, Anand Satyanand and Mel Smith began an own-motion investigation of the Department of Corrections' current practices and procedures for the detention and treatment of inmates. A MS Word version of the report of the investigation is available (462KB).
- In 2006, Ombudsmen John Belgrave and Mel Smith undertook an own motion investigation into the transportation of inmates by the Department of Corrections. The report is available in .pdf and MS Word ( 2MB).
The Chief Ombudsman, John Belgrave, is also currently undertaking another own-motion investigation into the transportation of inmates by the Department of Corrections. A copy of the Terms of Reference for the investigation is available (MS Word version - 36KB).