s.12Dealing with complaints by mediation
12
Section 12Part 0 —

Dealing with complaints by mediation

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

The Ombudsman may decide to deal with a complaint by mediation under this section if he is of the opinion, having regard to all the circumstances of the case, that the subject matter of the complaint involves only minor maladministration.
The Ombudsman shall appoint, in accordance with section 8, such person as he thinks fit to be a mediator in any mediation.
The Ombudsman shall not participate in any mediation.
Participation in the mediation by the complainant and the relevant government entity is voluntary, and any party may withdraw at any time.
The mediator may terminate the mediation at any time.
Where an attempt to deal with a complaint by mediation under this section is unsuccessful —
the complainant is to be treated as if the mediation had not taken place; and
the mediator is excluded from participating as an investigating officer in any subsequent investigation of the complaint.
Anything said or admitted during mediation and any document prepared for the purposes of such mediation shall not be admissible in evidence —
in any subsequent investigation of the complaint concerned unless the person who said or admitted the thing or to whom the document relates consents to its admission; or
against any person in any court, at any inquiry or in any other proceedings,
and no evidence in respect of the mediation may be given against any person.
Nothing in this section prevents a complaint from being dealt with otherwise than in accordance with this section.

Cross References

Referenced By