s.43Decision on appeal
43
Section 43Part 7 — Enforcement by Ombudsman

Decision on appeal

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The Ombudsman shall, subject to subsection (2), decide an appeal under the relevant section of this Act as soon as is reasonably practicable, and in any case within thirty calendar days, after giving both the complainant and the relevant public authority an opportunity to provide its views in writing, but the Ombudsman may, for good cause, extend this period for one further period not exceeding thirty calendar days so long as before the expiry of the first period of thirty calendar days the Ombudsman gives written notice to the parties as to why the period has to be extended.
In any appeal under section 42, the burden of proof shall be on the public or private body to show that it acted in accordance with its obligations under this Act.
In the Ombudman's decision pursuant to subsection (1), the Ombudsman may —
dismiss the appeal;
require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under the law; or
in cases of egregious or wilful failures to comply with an obligation under this Act, refer the matter to the appropriate disciplinary authority.
The Ombudsman shall serve notice of that person's decision, including any rights of appeal, on both the complainant and the public or private body.
On the consideration of an appeal, the Ombudsman —
may, subject to paragraph (b), make any decision which could have been made on the original application; and
shall not nullify a certificate issued under section 25.

Cross References

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