Read e-book online Australasia and Pacific Ombudsman Institutions: Mandates, PDF

By Michael Frahm (auth.)

ISBN-10: 364233895X

ISBN-13: 9783642338953

ISBN-10: 3642338968

ISBN-13: 9783642338960

Commissioned through the foreign Ombudsman Institute (IOI), the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna performed a comparative analytical learn on Ombudsman associations within the Australasia and Pacific area among January 2011 and April 2012. partially 1, this ebook offers an analytical comparability of the general public area Ombudsman associations in Australia (the Commonwealth Ombudsman and the state/territory Ombudsmen of all Australian states in addition to of the Northern Territory and the ACT), the prepare dinner Islands, Hong Kong, New Zealand, Papua New Guinea, Samoa, Taiwan, Tonga and Vanuatu. as well as a comparative research displaying the partial heterogeneity of the associations, a complete review of universal gains, and explorations of the specifics and peculiarities of the associations, half 2 provides separate experiences at the sixteen diversified jurisdictions that includes their major capabilities as follows:
- felony foundation, criminal prestige and supplier,
- Mandate, item of keep watch over and conventional of regulate,
- Powers, together with felony caliber and impression of the results of investigative tactics,
- courting to the management, the judiciary and the legislator, and
- certain features.
Part 2 relies on details supplied by way of the associations themselves in questionnaires despatched out on the outset of the examine, an research of the respective constructing acts and different correct legislation, and on proper medical guides and the associations’ Annual experiences. The stories additionally discuss with proper criminal provisions and comprise web pages addresses for ease of reference.

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Extra resources for Australasia and Pacific Ombudsman Institutions: Mandates, Competences and Good Practice

Sample text

64 Cf Sect. 3, p. 22 above for more details. 65 For the provision of services done under the ACT Ombudsman Act, cf report on the Commonwealth Ombudsman, Chap. 7, p. 104 for details. 66 For the provision of services in relation to the Australian Federal Police, cf report on the Commonwealth Ombudsman, Chap. 7, p. 107 for details. 67 Cf report on Tasmania, Chap. 12, p. 165 and report on Western Australia, Chap. 14, p. 187 for more details. 68 For example in the Cook Islands, the Cabinet appointed the Ombudsman to “be in charge of the Cook Islands Human Rights Office” in 2007, however due to budget constraints it was not possible to fund any additional position for this additional task.

2 Monocratic or collegial body. Number of members of the Ombudsman Institution in brackets and judicial powers). 27 As described, much of the leverage an Ombudsman Institution has does not derive from the formal powers prescribed by law, but from the reputation, standing and competence an Ombudsman has. This is reflected in the fact that many legislators have chosen to shape the Institution as a monocratic body. 5 Qualification Requirements Most jurisdictions in the APOR region do not foresee any statutory qualification requirements.

7–22 for more details. 52 Relevant interests are those that (may) conflict with the discharge of the Ombudsman’s responsibilities, cf report on Queensland, Chap. 10, p. 143 for more details. 48 32 M. Frahm Fig. 4 Incompatibilities. 9 Immunity To effectively carry out the function of Ombudsman, it is important that the Ombudsman cannot be held liable for actions (or omissions) undertaken in the exercise of his or her duties. An additional general immunity clause is another safeguard to prevent arbitrary influence from outside.

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Australasia and Pacific Ombudsman Institutions: Mandates, Competences and Good Practice by Michael Frahm (auth.)


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