XN000022-1987-10-30 — Page 3

FRIDAY, OCTOBER 30, 1987

AN

THE BILL PROPOSES THAT THE COMMISSIONER MAY START INVESTIGATION INTO ANY MATTER WITHIN HIS JURISDICTION ON A COMPLAINT REFERRED TO HIM BY A MEMBER OF THE LEGISLATIVE COUNCIL.

"THE REASON WHY COMPLAINTS ARE REQUIRED TO GO THROUGH A MEMBER OF THE LEGISLATIVE COUNCIL IS THAT OMELCO IS ALREADY WIDELY RECOGNISED AS THE PRINCIPAL CHANNEL FOR COMPLAINTS AGAINST MALADMINISTRATION, AS WELL AS OTHER TYPES OF REPRESENTATIONS AND APPEALS," THE SPOKESMAN SAID.

"IT IS THUS CONSIDERED APPROPRIATE THAT THIS SHOULD CONTINUE AND THAT OMELCO SHOULD SORT OUT, FROM THE MANY REPRESENTATIONS AND APPEALS RECEIVED, THOSE COMPLAINTS ALLEGING MALADMINISTRATION WHICH WOULD BE PASSED ON TO BE DEALT WITH BY THE COMMISSIONER,

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HE ADDED.

THIS WOULD PREVENT TIF COMMISSIONER BEING INUNDATED WITH COMPLAINTS WHICH FALL OUTSIDE HIS TERMS OF REFERENCE, THE SPOKESMAN SAID.

THE BILL STIPULATES THE METHOD OF MAKING A COMPLAINT AND THE CONDITIONS TO BE SATISFIED BY COMPLAINANTS.

IT ALSO SPECIFIES THOSE COMPLAINTS WHICH THE COMMISSIONER

MAY, IN HIS DISCRETION, DECIDE NOT TO INVESTIGATE AND THOSE WITCH HE SHALL NOT INVESTIGATE.

**FOR EXAMPLE," THE SPOKESMAN SAID, "THE COMMISSIONER IS PREVENTED FROM LOOKING INTO COMPLAINTS WHERE THE COMPLAINANT HAS A RIGHT TO APPEAL UNDER ANY ORDINANCE, OR A REMEDY THROUGH THE COURTS, UNLESS HE IS SATISFIED THAT IN THE CIRCUMSTANCES OF THE CASE 1T IS NOT REASONABLE TO EXPECT THE COMPLAINANT TO EXERCISE THAT RIGHT OR PURSUE THAT REMEDY.

BY

"THERE IS ALSO PROPOSED PROVISION REQUIRING THE COMMISSIONER TO INFORM A COMPLAINANT, AND THE MEMBER OF THE LEGISLATIVE COUNCIL WHOM THE COMPLAINT WAS REFRRRED, OF HIS DECISION NOT TO INVESTIGATE AND GIVE REASONS, HE SAID.

UNDER THE BILL, THE COMMISSIONER, WITH VERY LIMITED EXCEPTIONS, IS EMPOWERED TO REQUIRE INFORMATION AND DOCUMENTS TO BE PRODUCED TO HIM. A PERSON WHO [S PROHIBITED BY ANY LAW FROM DISCLOSING ANY INFORMATION MUST NEVERTHELESS MAKE DISCLOSURE TO THE COMMISSIONER. ANOTHER PROPOSED CLAUSE DEPRIVES THE GOVERNMENT OF THE RIGHT ΤΟ WITHHOLD DOCUMENTS FROM THE COMMISSIONER ON GENERAL PUBLIC INTEREST GROUNDS.

"THIS GIVES THE COMMISSIONER A VERY BROAD RIGHT OF ACCESS TO GOVERNMENT FILES, THE SPOKESMAN SAID.

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/ON REPORTING