17.
(1) Upon the conclusion of his investigation, the Ombudsman. shall determine whether there has been, or is likely to be, any infringement of a fundamental right or other injustice, including the question as to whether any decision, recommendation, act or omission which was the subject-matter of the investigation
| | (i) was contrary to law ; | | |
| | (ii) was based wholly or partly on a mistake of fact or of law; | | |
| | (iii) was unreasonable, unjust, oppressive or improperly discriminatory or otherwise wrong ; | | |
| | (iv) was in accordance with a practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory; | | |
| | (v) was made or done in the exercise of a discretion
| | | (a) which has been exercised for an improper purpose or on irrelevant grounds or by reference to irrelevant considerations, or by failing to take account of material considerations ; or |
| (b) without giving reasons, although reason ought, in the opinion of the Ombudsman, to have been given ; or |
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| | (vi) was unreasonably delayed, find shall report his determination, together with his reasons therefor, to the Public Petitions Committee and may recommend that
| | | (i) the matter be reconsidered ; |
| (ii) the omission be rectified ; |
| (iii) the decision be cancelled or varied; |
| (iv) the practice on which such decision, recommendation act or omission was based, be altered; |
| (v) reasons be given for such decision, recommendation, act or omission. |
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(2) The Public Petitions Committee may, after consideration of a report made to it by the Ombudsman under sub section (1) report to Parliament its opinion on the action to be taken OR the Ombudsman's report. |
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