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Jurisdiction

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Office of the Complaints Commissioner

The OCC can investigate any individual or entity exercising administrative functions in respect of any government business. This includes public officials working within any government entity such as ministries, companies, departments, portfolios, statutory boards and authorities and commissions. There are however some areas which fall outside the OCC's jurisdiction to investigate, which include:

 

  • those exceptions contained within Complaints Commissioners Law (2006 Revision) Schedule 2 including;
  • appointments or removals, pay, discipline, or other personal matters in relation to service in any office or employment-
  1. under the Government; or
  2. under any contract for services, where the Government has power to take action or approve certain action being taken in relation to such matters;

 

  • matters certified by the Governor in relation to dealings between the Government and any other international organization;
  • matters certified by the Governor in relation to national defence, external affairs or internal security;
  • action taken in connection with the Governor's power of pardon under the Constitution;
  • the commencement or conduct of civil or criminal proceedings before any court of law in the islands;
  • the investigation of crimes by the police;
  • contractual or other commercial transactions, being transactions of a Ministry, department or statutory authority not being transactions relating to-
  1. acquisition of land compulsorily or in circumstances in which it can be acquired; or
  2. the disposal of surplus land acquired compulsorily or in circumstances in which it could be acquired compulsorily;

 

  • ministerial policy;
  • the merits of a decision;
  • the Complaints Commissioner also has no jurisdiction where a complainant has a legal remedy, or right of appeal in a court of law or tribunal, but has the power to conduct an investigation where he or she is satisfied that in the particular circumstances it is not reasonable for the person aggrieved to have resorted to it;
  • section 11 (1) of the OCC law provides that the Commissioner shall not normally make an Investigation without first receiving a formal written complaint;
  • complaints made without any of the internal complaints procedures set out by the public entity concerned having been utilized. If the government entity concerned does not have an internal complaints process, or the complainant feels that the investigation was not conducted properly he can file a complaint with the Complaints Commissioner;
  • any action which, by virtue of the constitution, may not be enquired into by any court.