Section 11Part 0 —
Conditions of investigation
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The Ombudsman shall not make an investigation without first receiving a written complaint unless he is of the opinion or the Legislative Assembly resolves that there are reasons of special importance which makes investigation by the Ombudsman desirable in the public interest.
Except as provided herein, the Ombudsman shall not conduct an investigation in respect of —
any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law; or
any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law.
Notwithstanding subsection (2), the Ombudsman may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it.
In determining whether to initiate, continue or discontinue an investigation, the Ombudsman shall, subject to subsections (1) to (3), act in accordance with his own discretion and any question whether a complaint is duly made shall be determined by the Ombudsman.
The Ombudsman may refuse to investigate any matter on the ground that it is trivial, that the complaint is frivolous or vexatious or not made in good faith or that the complainant has not a sufficient interest therein.
If any question arises whether the Ombudsman is empowered to make an investigation or to exercise any power under this Law, the Ombudsman may, if he thinks fit, apply to the Grand Court, which may determine the question by declaratory order.