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S.L. 385.1 · Commissioners For Administrative (S.L. 385.1)

S.L. 385.1 ст. 4Assignment of complaints to be investigated by a Commissioner.

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(1) The Ombudsman may assign complaints received in terms of rule 3 for investigation to a particular Commissioner.

(2) In assigning a complaint as aforesaid, the Ombudsman shall consider the nature of the complaint and the functions assigned to Commissioners who are in office from time to time and as provided for in the Act and in these rules.

(3) In carrying out his duties under sub-rules (1) and (2), the Ombudsman shall comply with the provisions of the Act and these rules and any question whether a complaint is duly assigned to a Commissioner shall be determined by the Ombudsman.

(4) Where the Ombudsman is of the view that a complaint does not fall within the functions of a Commissioner, the Ombudsman shall in his discretion either investigate that complaint himself or else delegate the investigation thereof to another Commissioner.

(5) In the case of complaints which fall within the functions of two or more Commissioners, the Ombudsman shall decide to which Commissioner the complaint shall be assigned and, for all intents and purposes of law, the said Commissioner shall have jurisdiction to investigate such assigned complaint.

(6) Where a complaint falls within the functions of one Commissioner but contains elements which go beyond those functions, the Ombudsman may decide to delegate that part of the complaint which goes beyond the Commissioner's functions as set out in these rules to that same Commissioner, or to another Commissioner, or the Ombudsman may decide to investigate the complaint himself.