Ombudsman (Amendment) Act 2012
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Amendment of section 5 (exclusions) of Principal Act. |
8.— Section 5 of the Principal Act is amended— | |
(a) by substituting the following subsections for subsections (1) and (2): | ||
“(1) Subject to subsection (2), the Ombudsman shall not investigate any action taken by or on behalf of a person— | ||
(a) if the action is one in relation to which— | ||
(i) the person affected by the action has initiated in any court civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court whether the proceedings have been otherwise concluded or have not been concluded, | ||
(ii) the person affected by the action has a right, conferred by or under an enactment, of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court), or | ||
(iii) the person affected by the action has a right of appeal, reference or review to or before a person, other than a reviewable agency, who is independent in the performance of his or her functions in relation to the appeal, reference or review, | ||
(b) if the action relates to or affects national security or military activity or (in the opinion of the Ombudsman) arrangements regarding participation in organisations of states or governments, | ||
(c) subject to subsection (2A), if the action relates to or affects— | ||
(i) recruitment or appointment to any office or employment, or | ||
(ii) the terms and conditions (including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable), being— | ||
(I) the terms and conditions upon and subject to which a person holds any office or is employed in any capacity, or | ||
(II) the terms and conditions of a contract for services, | ||
(d) if— | ||
(i) in a case where a complaint is made to the Ombudsman in relation to the action, the complaint is not made before the expiration of 12 months from the time of the action or the time when the person making the complaint became aware of the action, whichever is the later, or | ||
(ii) in any other case, a period of 12 months has elapsed since the time of the action, | ||
(e) if the action was taken before the date on which the reviewable agency concerned first became subject to review under this Act, or was taken on a date on which the reviewable agency concerned was otherwise not subject to review under this Act, | ||
(f) if the action is one to which section 8 of the Ombudsman for Children Act 2002 applies, | ||
(g) if the action— | ||
(i) falls within a category of complaint or dispute to which paragraph (a), (b) or (c) of subsection (2) of section 131 of the Pensions Act 1990 applies, and | ||
(ii) is not excluded from the jurisdiction of the Pensions Ombudsman by virtue of regulations under paragraph (b) or (c) of subsection (7) of that section. | ||
(2) Notwithstanding subsection (1), the Ombudsman— | ||
(a) may investigate insurability and entitlement to benefit under the Social Welfare Consolidation Act 2005 , and | ||
(b) if it appears to the Ombudsman that special circumstances make it proper to do so, may investigate an action to which paragraph (a) or (d) of that subsection applies. | ||
(2A) Subsection (1)(c) does not affect the power of the Ombudsman to investigate an action, taken within a reviewable agency having responsibility for the administration of laws relating to employment, that relates to a complaint made under such a law.”, | ||
and | ||
(b) in subsection (3)(b) by substituting “a reviewable agency (other than a Department of State)” for “a person (other than a Department of State) mentioned in Part I of the First Schedule to this Act”. |