By Michael Frahm (auth.)
Commissioned through the foreign Ombudsman Institute (IOI), the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna carried out a comparative analytical examine on Ombudsman associations within the Australasia and Pacific zone among January 2011 and April 2012. partially 1, this booklet presents 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 cook 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 accomplished evaluate of universal gains, and explorations of the specifics and peculiarities of the associations, half 2 offers separate experiences at the sixteen diversified jurisdictions that includes their major services as follows:
- criminal foundation, felony prestige and enterprise,
- Mandate, item of regulate and conventional of keep an eye on,
- Powers, together with felony caliber and effect of the results of investigative approaches,
- dating to the management, the judiciary and the legislator, and
- exact features.
Part 2 is predicated on details supplied by means of the associations themselves in questionnaires despatched out on the outset of the examine, an research of the respective setting up acts and different proper legislation, and on suitable medical guides and the associations’ Annual stories. The reviews additionally confer with correct criminal provisions and contain web pages addresses for ease of reference.
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Additional resources for Australasia and Pacific Ombudsman Institutions: Mandates, Competences and Good Practice
8 Cf Creyke (2007), p. 707. 6 2 Legal Framework 23 The Ombudsman Institutions examined in this study are endowed with many different functions. For a comprehensive picture, please refer to the more detailed descriptions in the reports on the different jurisdictions in Chaps. 7–22. At this point, only the main features will be highlighted. g. the Australian Commonwealth,9 South Australia, Tasmania, Victoria, the Cook Islands, Hong Kong and New Zealand). g. in New South Wales, South Australia, Tasmania, Victoria, Western Australia and New Zealand).
3, p. 29. 31 2 Legal Framework 29 Fig. 3 Ombudsman’s term of office. Ombudsman’s term of office for . . years seven years) and Victoria (ten years) do not foresee this option. Tasmania and Queensland limit the number of possible reappointments by allowing for a total stay in office for ten years maximum. The possibility of reappointment always carries the inherent risk of the incumbent, consciously or unconsciously, not always acting fully independently in view of his or her reappointment. Such risk should not be overestimated, but be kept in mind when considering modifications of existing legislation.
Frahm fulfil an important role in addressing grievances and helping the justice seeker to achieve appropriate redress. Further down the study describes in detail the Ombudsmen’s powers of the classical mandate (Sect. 2) and their different powers under the “variations” of the classical mandate (Sects. 4). 3 Terminology Historically, the term “Ombudsman” has been the chosen name of many Institutions all over the world that have had the power to investigate and report on private persons’ complaints about the public administration.
Australasia and Pacific Ombudsman Institutions: Mandates, Competences and Good Practice by Michael Frahm (auth.)