TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 230

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conduct of proceedings before courts and courts-martial.

(b) Item 2 excludes acts of trustees.

(c) Items 4 and 6 are concerned, with external relations, security and

the investigation of crime.

(a) Items 8 and 10 deal with the prerogative matters of pardon and

honours.

(e) Item 9 is concerned with pay, discipline and conditions of service

of public officers.

The Governor in Council may remove items from the Schedule by

order published in the Gazette.

The effect of such removal would be to put

such matters within the Commissioner's jurisdiction (Clause 10(2)). It is

a matter for the Commissioner to decide, in his discretion, whether or not

to carry out an investigation or whether a complaint has been duly made.

(Clause 10(3)). Clause 11 empowers the Governor in Council to make rules for

the guidance of the Commissioner.

and

Part IV is concerned with the mode of complaint/ 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

which he shall not investigate.

Clause 12 requires a complaint to be made in writing, though it

may be in any language. A complaint made by a prisoner or mental patient

must be forwarded unopened to the Commissioner.

investigation -

Clauso 13 excludos from

(a) complaints made more than twelve months after the decision

complained of, since it would be difficult to investigate a matter

fairly if a longer time olapsed;

(b) anonymous complaints and those whore the complainant cannot be

identified or traced or is unwilling to substantiate his grievance

orally. This is thought to be a necessary precaution, to save the

time of the Commissioner being wasted on complaints which are not

backed by oral evidence;

(c) complaints on matters previously investigated by the Commissionor.