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Komesina O Sulufaiga (Ombudsman) Act 1988

CONSOLIDATED ACTS OF SAMOA 2009

KOMESINA O SULUFAIGA (OMBUDSMAN) ACT 1988

Arrangement of Provisions

TITLE

1. Short title
2. Komesina o Sulufaiga (Ombudsman)
3. Komesina o Sulufaiga (Ombudsman) to hold no other office
4. Term of office of Komesina o Sulufaiga (Ombudsman)
5. Removal or suspension from office
6. Filling of vacancy
7. Salary and allowances of Komesina o Sulufaiga (Ombudsman)
8. Oath to be taken by Komesina o Sulufaiga (Ombudsman)
9. Staff of Komesina o Sulufaiga (Ombudsman)
10. Superannuation or retiring allowances of Komesina o Sulufaiga (Ombudsman) and staff
11. Functions of Komesina o Sulufaiga (Ombudsman)
12. Legislative Assembly may make rules for guidance of Komesina o Sulufaiga (Ombudsman)
13. Mode of complaint
14. Komesina o Sulufaiga (Ombudsman) may refuse to investigate complaint
15. Proceedings of Komesina o Sulufaiga (Ombudsman)
16. Evidence
17. Disclosure of certain matters not to be required
18. Komesina o Sulufaiga (Ombudsman) and staff to maintain secrecy
19. Procedure after investigation
20. Complainant to be informed of result of investigation
21. Proceedings not to be questioned or to be subject to review
22. Proceedings privileged
23. Power of entry on premises
24. Delegation of powers by Komesina o Sulufaiga (Ombudsman)
25. Annual report
26. Offences
27. Money to be appropriated by Parliament for purposes of this Act
28. Power to amend Schedule on abolition or creation of Department, etc.
29. Savings
Schedule

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THE KOMESINA O SULUFAIGA (OMBUDSMAN) ACT 1988
1988 No.40

AN ACT to provide for the appointment of a Komesina o Sulufaiga (Ombudsman) to investigate administrative decisions or acts of Government Ministries and certain other organisations, and to define the Komesina o Sulufaiga (Ombudsman's) functions and powers.

(15 March 1989)
(Commencement date: 15 March 1989)

1. Short title - This Act may be cited as the "Komesina o Sulufaiga (Ombudsman) Act 1988".

2. Komesina o Sulufaiga (Ombudsman) - (1) There shall be appointed, as an officer of Parliament, a Komesina o Sulufaiga (Ombudsman).

(2) Subject to the provisions of section 6 of this Act, the Komesina o Sulufaiga (Ombudsman) shall be appointed by the Head of State on the recommendation of the Legislative Assembly.

(3) No person shall be deemed to be employed in the Public Service for the purposes of the Public Service Act 1977 or the Government Superannuation Act 1972 by reason of his or her appointment as Komesina o Sulufaiga (Ombudsman).

3. Komesina o Sulufaiga (Ombudsman) to hold no other office - The Komesina o Sulufaiga (Ombudsman) shall not be capable of being a Member of Parliament, and shall not, without the approval of the Prime Minister in each particular case, hold any office of trust or profit, other than his or her office as Komesina o Sulufaiga (Ombudsman), or engage in any occupation for reward outside the duties of his or her office.

4. Term of office of Komesina o Sulufaiga (Ombudsman) - (1) The Komesina o Sulufaiga (Ombudsman) shall be appointed for a term of 3 years.

(2) Unless his or her office sooner becomes vacant, every person appointed as Komesina o Sulufaiga (Ombudsman) shall hold office until his or her successor is appointed. Every such person may from time to time be re-appointed.

(3) The Komesina o Sulufaiga (Ombudsman) may at any time resign his or her office by writing addressed to the Speaker of the Legislative Assembly, or to the Prime Minister if there is no Speaker or the Speaker is absent from Samoa.

5. Removal or suspension from office - (1) The Komesina o Sulufaiga (Ombudsman) may at any time be removed or suspended from his or her office by the Head of State, upon an address from the Legislative Assembly, for disability, bankruptcy, neglect of duty, or misconduct.

(2) At any time when Parliament is not in session, the Komesina o Sulufaiga (Ombudsman) may be suspended from his or her office by the Head of State for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Head of State, but any such suspension shall not continue in force beyond 2 months after the beginning of the next ensuing session of Parliament.

6. Filling of vacancy - (1) If the Komesina o Sulufaiga (Ombudsman) dies, or retires, or resigns, or is removed from office, the vacancy thereby created shall be filled in accordance with this section.

(2) If any vacancy in the office of Komesina o Sulufaiga (Ombudsman) occurs at any time while Parliament is in session, it shall be filled by the appointment of a Komesina o Sulufaiga (Ombudsman) by the Head of State on the recommendation of the Legislative Assembly:

PROVIDED THAT if the vacancy occurs less than 2 months before the close of that session and no such recommendation is made in that session, the provisions of subsection (3) of this section shall apply as if the vacancy had occurred while Parliament was not in session.

(3) If any such vacancy occurs at any time while Parliament is not in session the following provisions shall apply:

(a) The Executive Council may appoint a Komesina o Sulufaiga (Ombudsman) to fill the vacancy, and the person so appointed shall, unless his or her office sooner becomes vacant, hold office until his or her appointment is confirmed by the Legislative Assembly; and

(b) If the appointment is not so confirmed within 2 months after the commencement of the next ensuing session, the appointment shall lapse and there shall be deemed to be a further vacancy in the office of Komesina o Sulufaiga (Ombudsman).

7. Salary, allowances and other benefits of Komesina o Sulufaiga (Ombudsman) - (1) The salary, allowances and other benefits of the Komesina o Sulufaiga (Ombudsman) shall be determined under the Remuneration Tribunal Act 2003.

(2) The salary, allowances and other benefits referred to in subsection (1) shall be paid as statutory expenditure out of the Treasury Fund, without further appropriation than this section.

8. Oath to be taken by the Komesina o Sulufaiga (Ombudsman) - (1) Before entering upon the exercise of the duties of his or her office the Komesina o Sulufaiga (Ombudsman) shall take an oath that he or she will faithfully and impartially perform the duties of his or her office, and that he or she will not, except in accordance with section 18 of this Act, divulge any information received by him or her under this Act.

(2) The oath shall be administered by the Speaker.

9. Staff of Komesina o Sulufaiga (Ombudsman) - (1) Subject to the provisions of this section, the Komesina o Sulufaiga (Ombudsman) may appoint such officers and employees as may be necessary for the efficient carrying out of his or her functions under this Act.

(2) The number of persons that may be appointed under this section, whether generally or in respect of any specified duties or class of duties, shall from time to time be determined by the Prime Minister.

(3) The salaries of persons appointed under this section, and the terms and conditions of their appointments, shall be such as are approved by Cabinet.

(4) No person shall be deemed to be employed in the Public Service for the purposes of the Public Service Act 1977 or Government Superannuation Act 1972 by reason of his or her appointment under this section.

10. Superannuation or retiring allowances of Komesina o Sulufaiga (Ombudsman) and staff - There may from time to time be paid sums by way of contributions or subsidies to the National Provident Fund or any Fund or Scheme approved by the Executive Council for the purpose of providing superannuation or retiring allowances for the Komesina o Sulufaiga (Ombudsman) and any officer or employee appointed under this Act.

11. Functions of Komesina o Sulufaiga (Ombudsman) - (1) The principal functions of the Komesina o Sulufaiga (Ombudsman) shall be to investigate any decision or recommendation made (including any recommendation made to a Minister of Cabinet), or any act done or omitted, relating to a matter of administration and affecting any person or body of persons in his or her or its personal capacity, in or by any of the Departments or organisations named in the Schedule to this Act, or by any officer, employee or member thereof in the exercise of any power or function conferred on him or her by any enactment.

(2) The Komesina o Sulufaiga (Ombudsman) may make any such investigation either on a complaint made to him or her by any person or his or her own motion; and where a complaint is so made he or she may commence any such investigation notwithstanding that the complaint may not on its face be against any such decision, recommendation, or act as aforesaid.

(3) Without limiting the provisions of subsection (1) of this section, it is hereby declared that any Committee of the Legislative Assembly may at any time refer to the Komesina o Sulufaiga (Ombudsman), for investigation and report by him or her, any petition that is before that Committee for consideration, or any matter to which the petition relates. In any such case, the Komesina o Sulufaiga (Ombudsman) shall, subject to any special directions of the Committee; investigate the matters so referred to the Komesina o Sulufaiga (Ombudsman), so far as they are within his or her jurisdiction, and make such report to the Committee as he thinks fit. Nothing in section 14 or section 19 or section 20 of this Act shall apply in respect of any investigation or report made under this subsection.

(4) The powers conferred on the Komesina o Sulufaiga (Ombudsman) by this Act may be exercised notwithstanding any provision in any enactment to the effect that any such decision, recommendation, act, or omission shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the person or organisation whose decision, recommendation, act, or omission it is shall be challenged, reviewed, quashed, or called in question.

(5) Without limiting the foregoing provisions of this section, it is hereby declared that at any time the Prime Minister may, with the consent of the Komesina o Sulufaiga (Ombudsman), refer to the Komesina o Sulufaiga (Ombudsman), for investigation and report any matter, other than a matter concerning a judicial proceeding, which the Prime Minister considers should be investigated by the Komesina o Sulufaiga (Ombudsman). Where a matter is referred to the Komesina o Sulufaiga (Ombudsman) pursuant to this subsection, he or she shall, notwithstanding anything to the contrary in this Act, forthwith investigate that matter and report thereon to the Prime Minister, and may thereafter make such report to Parliament on the matter as he or she thinks fit. Nothing in section 19 of this Act shall apply in respect of any investigation or report made under this subsection.

(6) Nothing in this Act shall authorise the Komesina o Sulufaiga (Ombudsman) to investigate:

(a) Any decision, recommendation, act, or omission in respect of which there is, under the provisions of any enactment, a right of appeal or objection, or a right to apply for a review, on the merits of the case, to any Court, or to any tribunal constituted by or under any enactment, whether or not that right of appeal or objection or application has been exercised in the particular case, and whether or not any time, prescribed for the exercise or that right has expired;

(b) Any decision, recommendation, act, or omission of any person in his or her capacity as a trustee within the meaning of the Trustee Act 1975; and

(c) Any decision, recommendation, act, or omission of any person acting as legal adviser to the Komesina o Sulufaiga (Ombudsman) pursuant to the rules of the time being approved by the Government for the conduct of Government legal business, or acting as counsel for the Government in relation to any proceedings.

(7) If any question arises whether the Komesina o Sulufaiga (Ombudsman) has jurisdiction to investigate any case or class of cases under this Act, he or she may, if he or she thinks fit, apply to the Supreme Court for a declaratory order determining the question in accordance with the Declaratory Judgments Act 1988, and the provisions of that Act shall extend and apply accordingly.

12. Legislative Assembly may make rules for guidance of Komesina o Sulufaiga (Ombudsman) - (1) The Legislative Assembly may from time to time, if it thinks fit, make general rules for the guidance of the Komesina o Sulufaiga (Ombudsman) in the exercise of his or her functions, and may at any time in like manner revoke or vary any such rules.

(2) Any such rules may authorise the Komesina o Sulufaiga (Ombudsman) from time to time, in the public interest or in the interests of any person or Department or organisation, to publish reports relating generally to the exercise of his or her functions under this Act or to any particular case or cases investigated by him or her, whether or not the matters to be dealt with in any such report have been the subject of a report to Parliament under this Act.

(3) All rules made under this section shall be printed and published in accordance with the Regulations Ordinance 1953.

13. Mode of complaint - (1) Every complaint to the Komesina o Sulufaiga (Ombudsman) shall be made in writing.

(2) Notwithstanding any provision in any enactment, where any letter written by any person in custody on a charge or after conviction of any offence, or by any inmate of any institution within the meaning of the Mental Health Ordinance 1961 is addressed to the Komesina o Sulufaiga (Ombudsman) it shall be immediately forwarded, unopened, to the Komesina o Sulufaiga (Ombudsman) by the person for the time being in charge of the place or institution where the writer of the letter is detained or of which he or she is an inmate.

(3) On every complaint to the Komesina o Sulufaiga (Ombudsman) where shall be paid to the Komesina o Sulufaiga (Ombudsman) on behalf of the Government, a fee of $10 unless, having regard to any special circumstances, the Komesina o Sulufaiga (Ombudsman) directs that no fee shall be payable.

(4) The Komesina o Sulufaiga (Ombudsman) shall cause all fees paid to him or her under this section to be paid into the Treasury Fund.

14. Komesina o Sulufaiga (Ombudsman) may refuse to investigate complaint - (1) If in the course of the investigation of any complaint within his or her jurisdiction it appears to the Komesina o Sulufaiga (Ombudsman):

(a) That under the law or existing administrative practice there is an adequate remedy or right of appeal, other than the right to petition Parliament, for the complaint (whether or not he or she has availed himself or herself of it); or

(b) That, having regard to all the circumstances of the case, any further investigation is unnecessary,-

he or she may in his or her discretion refuse to investigate the matter further.

(2) Without limiting the generality of the powers conferred on the Komesina o Sulufaiga (Ombudsman) by this Act, it is hereby declared that the Komesina o Sulufaiga (Ombudsman) may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate, any complaint if it relates to any decision, recommendation, act, or omission of which the complainant has had knowledge for more than 12 months before the complaint is received by the Komesina o Sulufaiga (Ombudsman), or if in his or her opinion:

(a) The subject-matter of the complaint is trivial;

(b) The complaint is frivolous or vexatious or is not made in good faith; or

(c) The complainant has not a sufficient personal interest in the subject-matter of the complaint.

(3) In any case where the Ombudsman decides not to investigate or further investigate a complaint he or she shall inform the complainant of that decision, and may if he or she thinks fit state his or her reasons therefor, and may also, if he or she thinks fit, direct that the fee paid by the complainant under this Act be refunded to him or her.

15. Proceedings of Komesina o Sulufaiga (Ombudsman) - (1) Before investigating any matter under this Act, the Komesina o Sulufaiga (Ombudsman) shall inform the Permanent Head of the Department affected, or, as the case may require, the organisation affected, of his or her intention to make the investigation.

(2) Every investigation by the Komesina o Sulufaiga (Ombudsman) under this Act shall be conducted in private.

(3) The Komesina o Sulufaiga (Ombudsman) may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit. It shall not be necessary for the Komesina o Sulufaiga (Ombudsman) to hold any hearing, and no person shall be entitled as of right to be heard by the Komesina o Sulufaiga (Ombudsman):

PROVIDED THAT if at any time during the course of an investigation it appears to the Komesina o Sulufaiga (Ombudsman) that there may be sufficient grounds for his or her making any report or recommendation that may adversely affect any Department or organisation or person, he or she shall give to that Department or organisation or person an opportunity to be heard.

(4) The Komesina o Sulufaiga (Ombudsman) may in his or her discretion, at any time during or after any investigation, consult any Minister who is concerned in the matter of the investigation.

(5) On the request of any Minister in relation to any investigation, or in any case where any investigation relates to any recommendation made to a Minister, the Komesina o Sulufaiga (Ombudsman) shall consult that Minister after making the investigation and before forming a final opinion on any of the matters referred to in subsection (1) or subsection (2) of section 19 of this Act.

(6) If, during or after any investigation, the Komesina o Sulufaiga (Ombudsman) is of the opinion that there is evidence of any breach of duty or misconduct on the part of any officer or employee of any Department or organisation, he or she shall refer the matter to the appropriate authority.

(7) Subject to the provisions of this Act and of any rules made for the guidance of the Komesina o Sulufaiga (Ombudsman) by the Legislative Assembly and for the time being in force, the Komesina o Sulufaiga (Ombudsman) may regulate his or her procedure in such manner as he or she thinks fit.

16. Evidence - (1) Subject to the provisions of this section and of section 17 of this Act, the Komesina o Sulufaiga (Ombudsman) may from time to time require any person who in his or her opinion is able to give any information relating to any matter that is being investigated by the Komesina o Sulufaiga (Ombudsman) to furnish to him or her any such information, and to produce any documents or papers or things which in the Komesina o Sulufaiga (Ombudsman's) opinion relate to any such matter as aforesaid and which may be in the possession or under the control of that person. This subsection shall apply whether or not the person is an officer, employee, or member of any Department or organisation, and whether or not such documents, papers, or things are in the custody or under the control of any Department or organisation.

(2) The Komesina o Sulufaiga (Ombudsman) may summon before him or her and examine on oath:

(a) Any person who is an officer or employee or member of any Department or organisation named in the Schedule to this Act and who in the Komesina o Sulufaiga (Ombudsman's) opinion is able to give any such information as aforesaid;

(b) Any complainant; or

(c) With the prior approval of the Attorney-General in each case, any other person who in the Komesina o Sulufaiga (Ombudsman's) opinion is able to give any such information,-

and for that purpose may administer an oath. Every such examination by the Komesina o Sulufaiga (Ombudsman) shall be deemed to be a judicial proceeding within the meaning of section 36 of the Crimes Ordinance 1961 (which relates to perjury).

(3) Subject to the provisions of subsection (4), no person who is bound by the provisions of any enactment, other than the Public Service Act 1977 and to maintain secrecy in relation to or not to disclose, any matter shall be required to supply any information to or answer any question put by the Komesina o Sulufaiga (Ombudsman) in relation to that matter, or to produce to the Komesina o Sulufaiga (Ombudsman) any document or paper or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure.

(4) With the previous consent in writing of any complainant, any person to whom subsection (3) of this section applies may be required by the Komesina o Sulufaiga (Ombudsman) to supply information or answer any question or produce any document or paper or thing relating only to the complainant, and it shall be the duty of the person to comply with the requirement.

(5) Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things as witnesses have in any Court.

(6) Except on the trial of any person for perjury within the meaning of the Crimes Ordinance 1961 in respect of his or her sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before the Komesina o Sulufaiga (Ombudsman) shall be admissible in evidence against any person in any Court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Komesina o Sulufaiga (Ombudsman) shall be given against any person.

(7) No person shall be liable to prosecution for an offence against any enactment, other than this Act, by reason of his or her compliance with any requirement of the Komesina o Sulufaiga (Ombudsman) under this section.

(8) Where any person is required by the Komesina o Sulufaiga (Ombudsman) to attend before him or her for the purposes of this section, the person shall be entitled to the same fees, allowances, and expenses as if he or her were a witness in a Court, and the provisions of any regulations in that behalf made under the Criminal Procedure Act 1972 and for the time being in force shall apply accordingly. For the purpose of this subsection the Komesina o Sulufaiga (Ombudsman) shall have the powers of a Court under any such regulations to fix or disallow, in whole or in part, or increase the amounts payable thereunder.

17. Disclosure of certain matters not to be required - (1) Where the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or paper or thing:

(a) Might prejudice the security, defence, or international relations of Samoa (including Samoa's relations with the Government of any other country or with any international organisation), or the investigation or detection of offences;

(b) Might involve the disclosure of the deliberations of Cabinet; or

(c) Might involve the disclosure of proceedings of Cabinet, or of any committee of Cabinet, relating to matters of a secret or confidential nature, and would be injurious to the public interest,-

the Komesina o Sulufaiga (Ombudsman) shall not require the information or answer to be given or, as the case may be, the document or paper or thing to be produced.

(2) Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document or paper, or the refusal to answer any question, on the ground that the disclosure of the document or paper or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by or proceedings before the Komesina o Sulufaiga (Ombudsman).

18. Komesina o Sulufaiga (Ombudsman) and staff to maintain secrecy - (1) The Komesina o Sulufaiga (Ombudsman) and every such person as aforesaid shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions.

(2) Every person holding any office or appointment under the Komesina o Sulufaiga (Ombudsman) shall, before he or she begins to perform any official duty under this Act, take an oath, to be administered by the Komesina o Sulufaiga (Ombudsman), that he or she will not divulge any information received by him or her under this Act except for the purpose of giving effect to this Act.

(3) Notwithstanding anything in the foregoing provisions of this section, the Komesina o Sulufaiga (Ombudsman) may disclose in any report made by him or her under this Act such matters as in his or her opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. The power conferred by this subsection shall not extend to any matter that might prejudice the security defence or international relations of Samoa (including Samoa's relations with the Government of any other country or with any international organisation) or the investigation or detection of offences, or that might involve the disclosure of the deliberations of Cabinet.

19. Procedure after investigation - (1) The provisions of this section shall apply in every case where after making any investigation under this Act, the Komesina o Sulufaiga (Ombudsman) is of the opinion that the decision, recommendation, act, or omission which was the subject matter of the investigation:

(a) appears to have been contrary to law;

(b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or a provision of any enactment or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory;

(c) was based wholly or partly on a mistake of law or fact; or

(d) was wrong.

(2) The provisions of this section shall also apply in any case where the Komesina o Sulufaiga (Ombudsman) is of the opinion that in the making of the decision or recommendation, or in the doing or omission of the Act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations, or that, in the case of a decision made in the exercise of any discretionary power, reasons should have been given for the decision.

(3) If in any case to which this section applies the Komesina o Sulufaiga (Ombudsman) is of the opinion:

(a) That the matter should be referred to the appropriate authority for further consideration;

(b) That the omission should be rectified;

(c) That the decision should be cancelled or varied;

(d) That any practice on which the decision, recommendation, act, or omission was based should be altered;

(e) That any law on which the decision, recommendation, act, or omission was based should be reconsidered;

(f) That reasons should have been given for the decision;

(g) That any other steps should be taken,-

the Komesina o Sulufaiga (Ombudsman) shall report his or her opinion, and reasons therefore, to the appropriate Department or organisation, and may make such recommendations as he or she thinks fit. In any such case he or she may request the Department or organisation to notify him or her, within a specified time, of the steps (if any) that it proposes to take to give effect to his or her recommendations. The Komesina o Sulufaiga (Ombudsman) shall also send a copy of his or her report and recommendations to the Minister concerned.

(4) If within a reasonable time after the report is made no action is taken which seems to the Komesina o Sulufaiga (Ombudsman) to be adequate and appropriate, the Komesina o Sulufaiga (Ombudsman), in his or her discretion, after considering the comments (if any) made by or on behalf of any Department or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to Parliament on the matter as he or she thinks fit.

(5) The Komesina o Sulufaiga (Ombudsman) shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the Department or organisation affected.

(6) Notwithstanding anything in this section, the Komesina o Sulufaiga (Ombudsman) shall not, in any report made under this Act, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

20. Complainant to be informed of result of investigation - (1) Where on any investigation following a complaint, the Komesina o Sulufaiga (Ombudsman) makes a recommendation under subsection (3) of section 19 of this Act, and no action which seems to the Komesina o Sulufaiga (Ombudsman) to be adequate and appropriate is taken thereon within a reasonable time, the Komesina o Sulufaiga (Ombudsman) shall inform the complainant of his or her recommendation, and may make such comments on the matter as he or she thinks fit.

(2) The Komesina o Sulufaiga (Ombudsman) shall in any case inform the complainant, in such manner and at such time as he or she thinks proper, of the result of the investigation.

21. Proceedings not to be questioned or to be subject to review - No proceeding of the Komesina o Sulufaiga (Ombudsman) shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Komesina o Sulufaiga (Ombudsman) shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

22. Proceedings privileged - (1) No proceedings, civil or criminal, shall lie against the Komesina o Sulufaiga (Ombudsman) or against any person holding any office or appointment under the Komesina o Sulufaiga (Ombudsman), for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her functions under this Act, unless it is shown that he or she acted in bad faith.

(2) The Komesina o Sulufaiga (Ombudsman) and any such person as aforesaid, shall not be called to give evidence in any Court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.

(3) Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry by or proceedings before the Komesina o Sulufaiga (Ombudsman) under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceeding in a Court.

(4) Any report made by the Komesina o Sulufaiga (Ombudsman) under this Act shall be deemed to be an official report made by a person holding an inquiry under the authority of the Legislative Assembly of Samoa.

23. Power of entry on premises - (1) For the purposes of this Act, but subject to the provisions of this section, the Komesina o Sulufaiga (Ombudsman) may at any time enter upon any premises occupied by any of the Departments or organisations named in the Schedule to this Act and inspect the premises and, subject to the provisions of sections 16 and 17 of this Act, carry out therein any investigations that is within his or her jurisdiction.

(2) Before entering upon any such premises the Komesina o Sulufaiga (Ombudsman) shall notify the Permanent Head of the Department or as the case may require, the organisation by which the premises are occupied.

(3) The Attorney-General may from time to time by notice to the Komesina o Sulufaiga (Ombudsman) exclude the application of subsection (1) to any specified premises or class of premises, if he or she is satisfied that the exercise of the power conferred by this section might prejudice the security, defence, or international relations of Samoa, including Samoa's relations with the Government of any other country or with any international organisation.

24. Delegation of powers by Komesina o Sulufaiga (Ombudsman) - (1) With the prior approval in each case of the Prime Minister, the Komesina o Sulufaiga (Ombudsman) may from time to time, by writing under his or her hand, delegate to any person holding any office under him or her any of his or her powers under this Act except this power of delegation and the power to make any report under this Act.

(2) Any delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of a specified class.

(3) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Komesina o Sulufaiga (Ombudsman).

(4) Any such delegation may be made subject to such restrictions and conditions as the Komesina o Sulufaiga (Ombudsman) thinks fit, and may be made either generally or in relation to any particular case or class of cases.

(5) Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Komesina o Sulufaiga (Ombudsman) by whom it was made ceasing to hold office, it shall continue to have effect as if made by his or her successor.

(6) Any person purporting to exercise any power of the Komesina o Sulufaiga (Ombudsman) by virtue of a delegation under this section shall, when required, to do so, produce evidence of his or her authority to exercise the power.

25. Annual report - Without limiting his or her right to report at any other time, but subject to the provisions of subsection (6) of section 19 of this Act and to any rules for the guidance of the Komesina o Sulufaiga (Ombudsman) made by the Legislative Assembly and for the time being in force, the Komesina o Sulufaiga (Ombudsman) shall in each year make a report to Parliament on the exercise of his or her functions under this Act.

26. Offences - Every person commits an offence against this Act and is liable on conviction to a fine not exceeding 500 penalty units who:

(a) Without lawful justification or excuse, wilfully obstructs, hinders, or resists the Komesina o Sulufaiga (Ombudsman) or any other person in the exercise of his or her powers under this Act;

(b) Without lawful justification for excuse, refuses or wilfully fails to comply with any lawful requirement of the Komesina o Sulufaiga (Ombudsman) or any other person under this Act; and

(c) Wilfully makes any false statement to or misleads or attempts to mislead the Komesina o Sulufaiga (Ombudsman) or any other person in the exercise of his or her powers under this Act.

27. Money to be appropriated by Parliament for purposes of this Act - Except as otherwise provided in this Act, all salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.

28. Power to amend Schedule on abolition or creation of Department, etc. - Where any Department or organisation named in the Schedule to this Act is abolished, or its name is altered, or where any new Department of Government is created, the Head of State may by Order of the Executive Council make such amendments to the said Schedule as may be necessary to give effect to the abolition or alteration, or to include the name of the new Department therein.

29. Savings - The provisions of this Act are in addition to the provisions of any other enactment or any rule of law under which any remedy or right of appeal or objection is provided for any person or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Act shall limit or affect any such remedy or right of appeal or objection or procedure as aforesaid.

SCHEDULE

Section 11(1)

MINISTRIES AND ORGANISATIONS TO WHICH THIS ACT APPLIES

PART I:
GOVERNMENT MINISTRIES

The Audit Office
The Customs Department
The Ministry of Agriculture, Forests and Fisheries
The Department of Broadcasting
The Department of Economic Development
The Ministry of Education
The Ministry of Foreign Affairs
The Ministry of Health
The Ministry of Inland Revenue
The Ministry of Justice
The Ministry of Labour
The Ministry of Lands and Survey
The Department of Post Office
The Ministry of Works
The Department of Statistics
The Ministry of Finance
The Office of the Clerk of the Legislative Assembly
The Office of the Public Service Commission
The Ministry of Police
The Ministry of the Prime Minister
The Public Trust Office
The Ministry of Transport
The Ministry of Youth, Sports and Culture

PART II:
OTHER ORGANISATIONS

The Accident Compensation Board
The Agricultural Store Corporation
The Airport Authority
The Apia Park Board
The Apprenticeship Council
The Banana Board
The Central Bank of Samoa
The Cocoa Board
The Copra Board
The Development Bank of Samoa
The Electric Power Corporation
The Fire Service
The Land Board
The Law Reform Commission
The National Museum and Cultural Centre
The National Provident Fund Board
The Police Service
The Produce Marketing Division
The Public Service Commission
The Pulenuu Committee
The Samoa Coconut Products Limited
The Samoa Feeds Limited
The Samoa Forests Products
The Samoa Shipping Services Board
The Special Projects Development Corporation
The Samoa Breweries Board
The Samoa Handicrafts Corporation
The Samoa Shipping Corporation
The Samoa Trust Estates Corporation
The Samoa Visitor's Bureau

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

Certain amendments were made to section 7 by the General Wage Increase (Public Officeholders and Public Servants) Act 2001 (No. 2) but section 7 was subsequently substituted by the Remuneration Tribunal Act 2003 (No.17).

By the Samoa Law Reform Commission Act 2002 (No. 4)

Part II Law Reform Commission added to the schedule.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) the commencement date is inserted; and

(b) other minor editing has been done in accordance with the lawful powers of the Attorney General.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Komesina o Sulufaiga (Ombudsman) Act 1988 is administered in the Office of the Clerk of the Legislative Assembly.