XXI tal-1995

1 assent.

(LS.)

Uoo MIFSUD Bo1lo'NICI

President

2Ist July. I99S

Acr No. XXI of 1995

AN Acr to provide/or the appointment of cm Ombudsman with powt!r

ro ;"I'~Stjgat~ th~ admj"jstrati~ actions ta~" by or on belw.lf of

Govunment and othu awthoritiu, and fo r Olh~r purposes

conneCtl!d therewith.

BE IT ENACI ED by the Presidcm . by and with the advice and

censenl of lhe House of Representatives, in this pre5enl Parliament

assembled, and by the authority of the same as fo llows:-

PRELIMINARY

( I) This Act may be cited as the Ombudsman Act . 1995 .

(2) This Act shall come imo force on such dale as the Prime

Minister may by notice in the Gazette appoint , and different dales may

be so appointed for different provisions and different purposes of this

Acl.

(Artikolu 12)

TAQSIMA A

II-President

Il-Kamra tad-DepuUUi

II -Kabinell

lI -Gudizzjarju

Kull Tribunal imwaqqafb'xi ligijew bis-sahha laghha

II-Kummissjoni ghall-Amministrazzjoni tal-Gustizzja

II-Kummissjoni Elenorali

L-Awtoriu dwar ix-Xandir ta' Maha

II -Kummissjoni dwar I-Impiegi

Il-Kummissjoni Pennanenti Kontra I-KoTTUzzjoni

II-Kummissjoni ghall-Investigazzjoni ta' Ingustizzji

L-Avukat Generali fit-twettiq tas-setghat imsemmija fis-subartikolu

(3) la' I-artikolu 91 taJ. Kostiluzzjoni

Kull Avukat Jew Konsulent Legal i taJ-Gvem li jagixxi f dik il-

kariga

Id-Direttur ta - Verifika dwar il-fun zjon ijiet li johorgu mis-

subartikoli (4) u (5) ta' I-anikolu 108 tal-Kostituzzjoni

II-Foni Armati ta ' Malta hlief skond dak li hemm provdut fit-

Taqsima B la- din I-Iskeda

Is-Scrvi7..7. la' Sigurta.

TAQSIMAB

II-Kummissjoni dwar is-Servizz Pubbliku

II -Forzi Armati ta ' Malta ghar-rigward bi ss ta ' hatriet ,

promozzjonijiet , salarji u drittijiet la' pensjoni la' I-ufficjali u suldati

fdik il-Forza Amlata.

In this Act, unless the context otherwise req uires-

"Ombudsman" includes. to (he extent of any delegation

under section 27 of this Act, a person so delegated;

"actio n" means any aClion re lating 10 a maller of

adminiSlfalion and includes failure 10 act ;

"public officer" has the same meaning as is assigned to it by

section 124 ofllle Constitution;

"slatulOry body" means any corporation o r o ther body

corporate established by law;

" local counc il" means a local council established under lhe

Local Councils Act. 1993.

APPOINTMENT

(Artikolu 13)

Kwistjonijiet li majistghuxjigu investigati .

I. KuU kwistjoni li tista' tigi certifikata mill-Prim Ministru bhala

Ii tolqol is-sigunll intemajew eSlema ta' Malta.

2 . Azzjoni li tittiehed fi kwistjonijiet eertifikati mill-Ministru

responsabbli ghall-affari jiet barranin bhala li jolqtu r-relazzjonijiet jew

arrangamenti bejn il-Gvern ta ' Malta u Gvern iehor jew xi

organizzazzjoni inlemaz.zjonali ta ' Stati jew Gvemijiet.

3. Azzjoni li tittiehed mill-Ministru responsabbli ghall-gustizzja

bis-sahha ta ' I-All dwar I-Eslradizzjoni.

4. L-istilUzzjoni jew il-tmexxija ta' proCedimenti civili jew

kriminali quddiem qorti taI-gustizzja jew xi tribunal fMalta , jew la '

proeedimenti dwar reati militari li jsiru bis-sahha ta' I-Att dwar il-

Forzi Armati ta' Malta, jew ta' proeedimenti quddiem xi qorti jew

tribunal intemazzjonaJi .

5. It-twettiq tas-setgl'la Ii ghandu I-Prim Ministru bis-saf\ha ta'

I-artikolu 515 taJ-Kodici Kriminali .

6. Kul1 investigazzjoni kriminali maghmula mill-Pulizija.

Mghoddi mil1 -Kamra tad-Deputati fi s-Seduta Nru. 443 tat- 18 ta' Lulju, 1995 .

L .... WRENCE G ONZl

R1CHARO J. C .... UCHl

Skrivan tal-Kamrulad-Depulati.

There shall be appoin ted as an Officer of Parliament a .... ,. · ........ d

Commissioner for Administrative Investigations to be called the ~.

Ombudsman. who shall be appointed by the Presidenl acting in

accordance with a resolution of the House of Representatives

supponed by the vOles of not less than two-thirds of all the members

of the House

Provided that when a person who is not a member of the

House of Representatives is elected to be the Speaker of the House of

Representati ves he shall not be treated as a member of the Ho use for

the purpose of establ is hing the majority required by this section.

(1) A person shal l not be quaJiJied to be appointed to DUquaI;JIc"d""

tne office of Ombudsman if he is a member of the House of

Representatives. a member of a local council. or if he is a public

officer.

(2) The office of Ombudsman shall be incompatible

with the exercise of any proCessional . banking , commercial or trade

union activity, or other activity Cor profit or reward.

(3) The Ombudsman shall not hold any position which

is incompatible with the correct perfonnance of his official duties or

with his impartiality and independence or with public confidence

therein. 1be Ombudsman shall declare to. and seek the approval of

the Speaker oCthe House oCRepresentuives to any positions. trusts or

memberships which the Ombudsman considers do not affect

impaniality. or independence and public confidence. and which it is

desired 10 retain during the term of office.

(I ) Except as otherwise provided in this Act . an TmnofoffiDe.

Ombudsman shaJl hold offtce for a term of five years. and shall be

eligible for reappointment for one consecutive term oC five years.

(2) Unless his office sooner becomes vacant. a person

appointed as an Ombudsman shall hold offi ce until his successor is

appointed.

(3) An Ombudsman ma y at an y time res ign his office by

writing addressed 10 the President.

(I ) An Ombudsman may at any lime be removed or

suspended from his orrice by the Presidenl , upon an address

from the House of Representatives supponed by the votes of not

less than two-thi rds of alJ members of the House, praying for such

removal on the ground o f proved inability to perfonn the functions of

his office (whether arising from inflrm ity of body or mind or any other

cause) or proved misbehaviour, and the provisions of the proviso to

section 3 or lhis Act shall also apply for the purpose of establ ishing the

majority required under this subsection.

(2)

At an y time when Parliament is not in session, an

Ombudsman may be suspended from his office by the President acting

in accordance with his own discretion for inabi lity to perform the

functions of his office or misbehaviour proved to the satisfaClion of the

President; but any such suspension shall not continue in force beyond

two months after the beginning of the next ensuing session of Parliament.

( I) If an Ombudsman dies, or resigns from office. or

vacates his office Of is removed from office, the vacancy thereby

created shall be filled in accordance with this section.

(2) If the vacancy in the office of an Ombudsman occurs

at any time while Parliament is in session , it shall be filled by the

appointment of the Ombudsman by the President on the recommendation

of the House of Representatives in accordance with section 3 of this

Act

Provided that if the vacancy occurs less than twO months

before the close of that session and no such recommendation is made in

that session, the provisions of subsection (3) of this section shall apply

as if the vacancy had occurred while Parliament was nOl in session.

(3) If any such vacancy occurs at any time while

Parliament is not in session, Ihe President shall appoint an Ombudsman

10 fill the vacancy, and the person so appointed shall , unless his office

sooner becomes vacant, hold office until an Ombudsman is appointed

in accordance with section 3 of this Act.

( I) The President

may

al any time during the illness or absence of

(a)

the Ombudsman, or

(b) for any other tempora ry pu rpose where the

Ombudsman considers it IM'CeSssry not toconduct an investigation

himself because of such circumstances, lhat we re he a judge of

the superior couns, he would abstain,

appoint an Ombudsman 10 hold offtce in accordance with Ihis

section, and such an Ombudsman shall be paid such salary. noe

exceeding the amount payable to the Ombudsman, as the President

thinks fit .

The power conferred by paragraph (b) of subsection

(2)

(1) oflhis section shall be exercised only on a cenificate signed by the

Ombudsman tQ the effect thai , in his opinion, it is necessary for the

due conduct of the business of lhe Ombudsman under this Act thllt an

additional Ombudsman should be temporarily appointed .

(3)

An Ombudsman appoin ted under this section o n

account of the illness or absence of the Ombudsman shall hold office

until the resumption of office of the Ombudsman, and every other

Ombudsman appointed for a temporary purpose shall hold office until

he perfonns the function assigned to him.

(a) A person shall not be qualified to be approved

(4)

under this section if he is disqualified to be appointed te theOfflCC

of Ombudsman under subsection ( I) of section 4 of this Act.

The provisions of subsections (2) and (3) of

(b)

section 4 of this Act shall apply 10 a person appointed underthis

section

Provided that a person appointed under this section may

exercise any activity for profil or rcward which is not in any way

incompatible with the provisions of subsection (3) of section 4 of this

Act,

9, (I) Before entering upon the exercise o( the duties of his o.aorotr-.

offICe an Ombudsman shall take an oath that he will faithfully and

impartially perfonn the duties of his office, and that he will nol,

except in accordance with section 21 of this Act , divulge any

information acquired by him under this Act.

(2) The oath shall be administered by me Speaker of

the House of Represenl3lives.

(I) Qabel ma jibda j wettaq id-dmirij iet ta l-kariga tieghu,

O mbudsman ghandu jiehu g urament Ii jkun ser jaqdi d-dmirijiet tal-

kari ga tieghu b' fedeltlt u imparzjalita, u li huwa ma jikxifx. hlief sko nd

I-artikolu 21 ta ' dan I·At! . xi taghrif li jkun kiseb bis·sahha ta ' dan 1-

Alt .

(2)

II-guramenl jinghatalu mill-iSJU'aker tal-Kamrn. lad-

Deputan .

(I) Subject to the provisions or tlle Constitution and of any

other enactmcnI applicable thereto, and subject to the provisions of this

section the Ombudsman may appoint such officers and employees as

may be necessary for the carryi ng out of the functions, powers and

duties under this Act . This power to appoint incl udes approval to the

numbers of persons that may be appoimed under this section whether

generally or in respect of any specific duties or classes of duties, their

salaries and conditions of appointment.

(2) The Ombudsman may in lhe conductor an investigation,

engage. in aconsu!tativecapacity ,any person whose paniculnrex penise

is essential to the effectiveness of the investigation

Provided that jf the consul tant req uired is a publ ic officer the

Prime Minister may. at the request of the Ombudsman. designate the

public officer 10 assist.

(3) SUbjcctto the provisions of this section the Ombudsman

shall be res ponsible for ap proving the level of capital equipment.

furnis hings. materials . and administrative activities forthe carrying out

of the functions. powers and duties under this Act.

(4) The finance required for the Ombudsman's salary and

al lowances. and for the resources descri bed in subsections ( I), (2) and

(3) of this section shall not exceed a maximum amount indicated in an

Ombudsplan approved by the House of Representatives and shall be a

charge on the Consolidated Fund without any furthe r appropriillion OIher

than this Act

Provided that the Ombudsman shall present to tbe House by

the 15th day of September of each year, an Ombudsplan which wilt

indicate the ensuing year's activities.

(S) The salary. allowances and expenses payable to the

Ombudsman shall be at rates equivalent to those applicable to a judge

of the Superior Courts . The salary is not to be diminished during the

contin uance of the Ombudsman 's appointment.

(6) The officers and employees appointed in accordance

with subsection (I) shall before entering into the exercise of their office

or employment take an oath that they will fai thfully and impartially

perfonn tbe duties of their office or employment . and that they will nOl,

except in accordance with section 2 1 of this Act.divulge any infonnation

acquired by them under this Act. Such oath s hall be administered by

the Ombudsman.

1be accounts of the office of the Ombudsman shaH be AudiI

audited by the Director of Audit and the Financial Administration C .... I74.

and Audit Act shall apply.

FUNCTIONS

Subject 10 the provisions of this section , this Act :J.:A.,.: ... '"

(I )

applies 10 -

(a) the Government, including any Governm ent

Depanment or other authority of the Government, any Minister

or Parliamentary Secretary , any public officer and any member

or servant of an authority as aforesaid;

(b) any statutory body. and any partnership or other body

in which the Government or anyone or more of the said bodies

aforesaid orMy combination thereof has a controlling interest or

over which it has e ffective control , including any direclO r ,

member. manager or other officer of such body or panncrship or

of its controlling body (hereinafte r COllectively referred 10 as

organisation); and

local councils and any committee thereof, maY()($ .

(c)

councillon and members of staff of all local councils.

This Act applies as aforesaid even when the persons

(2)

to whom it applies have acted in accordance with recommendations

received or after holding consultations according to law or after

observing other legal requirementS.

(a) This Act does not apply to the persons or bodies

(3)

listed in Part A of the First'Schedule to this Act.

(b) This Act shall not apply to the bodies listed in

Pan 8 of the First Schedule to this Act, unless proof to the

satisfaction of the Ombudsman is produced showing that all

available means of redress have been exhausted .

The Prime Minister may by order in the Gazette

(4)

(a)

amend , vary or substitute the listS in Pan A and Pan 8 of the

First Schedule to this Act.

'0 order made uDder this subsection shall have effe<:I

(b)

unless it has received the prior approval of the House o f

Represen tati ves signified by Resolution.

Subject 10 the provisions or mis section. it shall be the

( I)

function of the Ombudsman to investigate any action take n by or on

behalf o f the Governme nt, or other authority. body or person 10 whom

this Act applies. being action taken in theexercise of their administrative

functions.

(2) The Ombuds man may cond uct any such investigation

on his initiati ve or on the wri tten complaint of any person having an

interest who claims [0 have been aggrieved by any action as a foresaid,

or where the person aggrieved has d ied or is for any reason unable 10

act for himself. of his heir or representative.

(3) Notwithstanding the provision of subsection ( I) of this

section. the Ombudsman may. if he considers it desirable so to do,

decli ne IQ exercise his power unde r this section in any case where

adequate means of redress are or have been available 10 the complainant

under any other law

Provided that the Ombudsman may conduct an investigation

if satisfied that in the panicu[ar circumstances it is not reasonable to

expect the complainant to resort or have resorted to such means of

redress.

(4) Without limiting the foregoing provisions of this section.

it is hereby declared that any Committee of the House of Representatives

may at any time refer to the Ombudsman , any petition that is before

that Committee for consideration , or an y matter to which the petition

relates. In any such case the Ombudsman shall. subject to any special

directions of the Committee, invcstigatc the matters so referred, so far

as they are within hisjurisdiction,and make such report to the Committee

as he thinks fit . Nothing -in section 17, or section 22 , or section 23 of

this Act shall apply in respect of any investigalion or report made under

this subsection.

(5) The Ombudsman shall not proceed to investigate any

complaint on the subject-matter of which proceedings are pending in a

Court or other tribunal. and shall suspend the investigation if any

interested person shall rile a demand before any court or other tribunal

on the subject-matter of the investigation; provided that an investigation

may be proceeded with in respect of problems of general interest

contained in the complaint.

(6) Subject 10 the provisions of subsection (3) of section

12 and without limiting the foregoing provisions of th is section, the

Prime Mi nister may at any time re fer to the Ombudsman for

investigation and report any matter.otherthan a matter which is subject

to judicial proceeding, which lhe Prime Minister considers should be

investigated by the Ombudsman. Where , pursuant 10 this subsection,

a matter is investigated by the Ombudsman, he shall repon thereon to

the Prime Minister ,and may thereafter make such report to Parliament

on the matter as he thinks fie

111e O mbudsman shall not conduct an investigation

(7)

unde r lhis Act in respect of such action or matter as is described in the

Second Schedule 10 this Act .

(8) In exercise of his functions the Ombudsman shall not

be subjccllo the direction or control of any other person or authority.

(I) Nothing in section 13 of this Act shall pcnnitthe Ti"",u~,ro<

Ombudsman to investigate acomplaint on an act which occurred earlier compI .......

than six months prior to the dale on wh.ich th.is Act comes into force.

(2) A complaint shall not be entertained under this Act

unless it is made not liner than six months from the day on wh.ich the

complainant first had knowledge of the matters complained about;

but the Ombudsman may conduct an investigation pursuant to a

complaint not made within that period if he considers that there are

special circumstances which make it proper to do so.

IS . ( I) The House of Representatives may by resolution R~for .

from time to time if it thinks fi t. make general rules for the =~.

guidance of the Ombudsman. in the exercise of his functions under

this Act. and may at any time in like manner revoke or vary any such

rules.

(2) All rules made under this section shall be printed and

published in the Gazette.

( I) Minn lmien ghal zmicn il-Kamrs tad-Deputsti tisla'

b'rizoluzzjoni tag hmel, jckk hckk ikun jidhrilha li taghmcl, regoli

gcncrali dwar kif ghandu jimxi [-Ombudsman fit -twcttiq ta' dmirijiclu

laht dan I-All , u tista' rkull :imien bl-isless mod lirrevoka Jew tibdel

kull regola li Ikun ghamlel.

(2) Kull rcgola li ss ir taht dan I-anikolu ghandha ligi

strunpala u pubblikala fil-Gazzetta.

16, (I) Kull ilment li jsir litl-Ombudsman ghandu jinlghamel

bil-miktub jew bil· fonllll . Mela ilment isir bi l-fomm dan ghandu

jitniiZel bil-miktub kemmjista' jkun malajr.

Minkejja kull dispoiizzjoni fx i ligi ohm.. mela iltra li

(2)

Ikun tidhe r bhala li nkilbet minn persuna li tkun qeghda lin:iamm

fkuslodja Jew li tkun illuiala Jew wara li tkun instabet hatja la' xi

reat,jew minn pazjent fxi sptar fiI-qies tat-tifsira fl-Att dwar is-Sahha

Mentali , tkun indirizzala lill-Ombudsman, di n ghandha minn ufih

titw9Ssal, mhux miftuha, lilI-Ombudsman mill-peruna Ii fdak ii-zmien

ilr:ollu responsabbiltA tal-POSI jew istituzzjoni fejn il -kiuieb ta' dik 1-

inra jlr:un qed jin:iamm jew li fih ikun qiegl'led bhaJa pazjent. IUra li

tinkiteb mill-Ombudsman lil persunajew pazjent kifhawn imsemmija

ghandha titwassal minn ufih, mhux miftuha , HI dik il-persunajew dak

il -pazjent minn min fdak iz-imien ikun responsabbli ghal dak il-posl

jew istituzzjoni .

Jekk mela jsir ilment, jew filwaqt li jkun qieghed in.-w'&1Zljo<ll

17_

(I)

j investiga ilment I-Ombudsman jidhirlu li, fiI -qies tac-eirkostanzi La ·ilm<nli.

lr:ollha tal-kai:, kull investigazzjoni, jew investigazzjoni ulteljuri ma

tkunx mehtiega. huwajista' jiChad li jinvestiga,jew ikompli jinvestiga

dak I-ilment.

Bla ma jitqieghed ebda limilu ghas-setghat moghtija

(2)

lill·Qmbudsman b'dan I-All. I-Ombudsman jista' fid-diskrezzjoni

lieghu jiddeCiedi li ma jinvestigax. jew, skond il-htiega tal-W , li ma

jkomplix jinvestiga ilment jekk fil-fehma tieghu -

(a)

is-sustanza ta'l-ilment Ilr:un wahda trivjali; jew

(b) 1-i1men! ikun wiehed frivolu jew vessatorju jew ma

jsirx if! bonafide,jew

(c) min jaghmel l-i1menl ma jkOllux interess personali

suffIcjenti fis-sustanza ta' I-ilmenl.

F ' kull kat meta I·Ombudsman jiddeCiedi li ma

(3)

jinvestigax jew Ii majkomplix jinvestiga ilment , huwa ghandujgharra.f

b'dan lil min ikun ghameJ l-ilment, u jaghli r-ragunijiet ghal dik id-

deeiijoni.

PRoc::::EOIMENTI.

(I) Every complaint to the Ombudsman shall be made Modeot"""", IiJII .

in writing or orally. A complaint made orally shall be put in writing

as soon as practical.

(2) Notwi.lhstanding any provision in any enacttnent. where

any letter appearing to be written by a person in custody or on a charge

or after conviction of any offence. or by any patient of any

hospital within the meaning of the Mental Health Act. is addressed to Cop . 262.

the O mbudsman , it shall be immediately forwarded. unopened,

to the Ombudsman by the person for the time being in charge of the

place or institution where the writer of the lelter is detained or of which

he is a patient. Any letter written by the Ombudsman to a person or

patient so described shall be immediately forwarded , unopened, to such

person or patient by the person for the time being in charge of the place

or institution.

(1) If upon a complaint, or in the course oran investigation

of aoompiaint it appears to the Ombudsman that,having regard 10

all the circumstances of the case, any investigation . or further

investigation is unnecessary. he may refuse 10 investigate, or investigate

funher any such complaint.

(2) Without limiting the generality of the powers conferred

on the Ombudsman by this Act, the Ombudsman ma.y in his discretion

decide nOllO investigate, or, as the case may require, not to investigate

further a complaint if in his opinion -

(a)

the subject-maner of the complaint is trivial ; or

(b) the complaint is frivolous or vexatious or is not made in

good faith ; or

(c) the complainant has not a sufficient personal interest in

the subjcCl-maner of the complaint.

In an y case where an Ombudsman decides not to

(3)

investigate or make further investigation of a complaint he shall infonn

the complainant of (hat dccision, and shall state his reasons therefor.

PROCEEDINGS

(I) Before investigating any matter under this Act the

Ombudsman shall inform the Head of Department concerned, or. as the

case may require , the chief executive officer of the organ isation

concerned , or the mayor of the local council concerned, of his intention

to make the investigation .

(2) Every investigation by the Ombudsman under this Act

shall be conducted in private.

(3) The Ombudsman may hear or obtain information from

such persons as he thinks fit . and may make such enquiries as he thi nks

fi t. I1 shall not be necessary for the Ombudsm.an 10 hold any hearing,

and no person shall be entitled as of right 10 be heard by the Ombuds man

Provided that if at any time during the cou rse of an

investigation it appears 10 the Ombudsman thallhere may be sufficient

grounds for his making any report or recommendation Ihllt may

adversely affect any Department. organisation, local council or person ,

he shall give to that Department, organisation , local council or person

an opportu nity to be beard.

(4)

In thecase of an investigation relating 10 a Department.

organisation or loca1 council , the Ombudsman may in his discretion at

any time during or after the investigation consul! 8 Minister. Head of

Department. Chief Executive, Mayor or any other person who is

concerned in the matter of the investigation, and the Ombudsman shall

consult any Minister, Head of Department, Chief Executive, Mayor

or any other person who so requests or to whom a recommendation

which is the SUbject of the investigation has been made, after the

Ombudsman had made the investigation and before he has formed a

final opinion on any of the mallers referred to in subsections (I) and

(2) of section 22 of this Act .

(5) If, during or after any investigation, the Ombudsman

is of the opinion that there is substantial evidence of any significant

breach of duty or misconduct on the pan of any officer oremployceof

any Department, organisation or local council, he shall referthe matter

to the appropriate authority including the Police

Provided that the Ombudsman may continue further with

his investigation after having refcrred the matter as aforesaid.

(6) Subject to the provisions of this Act and of any rules

made there under, the Ombudsman may regulate his procedure in such

manner as he thinks fit.

( I) Subject to the provisions of this section and of section Eyjd!onoo

20 of this Act. the Ombudsman may from time to ti me require any

person who in his opinion is able to give any information relating to

any matter that is being investigated by the Ombudsman to furnish to

him any such information, and to produce any documents or papers

orthings which in the Ombudsman's opinion relate to any such matter

as aforesaid and which may be in the possession or under the control

of that person . This subsection shall apply whether or not the person

is an officer . employee, or member of any Deparunent, organisation

or local council, and whether or not such documents, papers , or things

are in the custody or under the control of any Department, organisation

or local council.

(2)

The Ombudsman shall have power to summon witnesses

and 10 administer an oath to any witness and to any person concerned in

the investigation, and require them 10 give evidence.

(3) Any person summoned as aforesaid who refuses, or

without sufficient cause fails, to attend at the time and place mentioned

in the summons, or refuses , without sufficient cause to answer or 10

answer fully and satisfactorily, to the best of his knowledge and belief

all questions put 10 him by the Ombudsman, or refuses or fail s, without

sufficient cause, to produce any document he was required 10 produce

by the Ombudsman shall be guilty of an offence and shall be liable on

conviction to a fine (multo) nOI exceeding five hundred Maltese liri or

to imprisonment not exceeding three months , or 10 both such fine and

imprisonment

Provided thal . without prejudice 10 the generality of the

provisions of subsection (2) of this section, no person giving evidence

before the Ombudsman may be compelled to answer any question which

tends to expose him to any criminal prosecution , and every such peoon

shall , in respect of any evidence given by him before the Ombudsman.

be entitled to the same privileges to which a witness giving evidence

before a court of law is entitled.

(I) Where the Prime Minister certifies that the giving

of any infonnation or the answering of any question or the production

of any thing. paper or other document -

(a) affects the security or defence of Malta or relarions or

dealings between the Government of Malla and any other

Government or any inlernational organisation of States or

Governments; or

(b) is likely to damage seriously the national economy; or

(c) in volves the di scl os ure of the deliberatio ns or

proceedings of Cabinet or any committee of Cabinet; or

(d)

prej udices the investigotion or detcction of offences,

the Ombudsman shall not require the information or answer to be given

or, as the case may be, the thing,paper or()(herdocumem to be produced.

(2) Subject to the provisions of subsection ( I) of this section,

the rule of law which authorises or requires the withholding of any

document . thing. or pape r. or the refusal to answer any question. on the

ground that the disclosure of the document , thing or paper or the

answering of the question would be injurious to the public interest

shall not apply in respect of any investigation by or proceedings before

the Ombudsman.

(I)

Infonnation

obtained

by the Ombudsman and Se=q of

every person holding any office , appointment or designation under InCormation.

the Ombudsman, in the course of or forthe purpose of an investigation

under Ihis Act. shall not be disclosed except for the purposes of the

investigation and of any report to be made (hereon under this Act. or

for the purpose of any proceedings relating to an offence under this

Act , and the Ombudsman and members of his staff shall not be called

upon 10 give evidence in any proceedings.omcrthan such as aforesaid,

of matters coming to their knowledge in the course of an investigation

under this Act .

(2) Section 133 of the Criminal Code shall apply to and in

relation IQ the Ombudsman and his staff as they apply to or in relation

IQ a public officer or servalll referred to in section 133 of the Criminal

Code.

PROCEDURE AFTER INVESTIGATION

(I ) The provisions of this section shal l apply in every

case where, after making any investigation under this Act, the

Ombudsman is of opinion that the decision. recommendation , act or

omission which was the subject-matter of the investigation -

(a) appears to have been contrary to law; or

(b) was unreasonable. unjust , oppressive, or improperly

discriminalory. or was in accordance with a law or a practice that

is or may be unreasonable, unjust. oppressive, or improperly

discriminatory; or

(c)

was based wholly or partly on a mistake ofJaw or fact ;

.,

(d) was wrong.

(2) The provisions of this section shall also apply in any

case where the Ombudsman is of opinion that in the making of the

decision or recommendation , or in the doing or omission of the act, a

discretionary power has been exercised for an improper purpose or on

irrelevant grounds or on the taking in to aceoum of irrelevant

considerations. or lhat, in the case of a decision made in the exercise of

any discretionary power. reasons should have been given for the

decision.

(3)

If in any case 10 which this section applies the

Ombudsman is of opinion -

(a) that the matter should be referred 10 the appropriate

authority for further consideration; or

thaI the omission should be tee;rified; or

(b)

that the decision should be cancelled or varied; or

(c)

(d)

that any prac tice on wh ich the dec ision ,

recommendation, act,or omission was based should be altered; or

(c)

that any law on which the decision, recommendation,

act, or omission was based should be reconsidered: or

that reasons shou ld have been give n for the decis ion;

(0

'"

(g)

that any other steps should be taken -

the Ombudsman shall report his opinion , and his reasons therefor, to

the appropriate Department, organisation or local council, and may

make such recommendations as he thinks fit. In any such case he may

request the Department, organisation or local council to notify him,

within a specified time, of the steps (if any) that it proposes to take to

give effect to his recommendations. The Ombudsman shall also, in the

case of an investigation send a copy of his report or recommendations

to the Minisler concemed and to the Mayor in the case relating to a

local council.

(4) If within a reasonable time after the report is made no

action is taken which seems 10 the Ombudsman to be adequate and

appropriate. the Ombudsman. in his discretion, after considering the

comments (if any) made by or on behalf of any Depamnent , organisation

or local counci l affected. may send a copy of the report and

reconunendations to the Prime Minister. and may thereafter make such

report to the House of Representatives on the matter as he thinks fit .

(5) 11te Ombudsman shall attach toevery report sent under

subsection (4) of this section a copy of any comments made by or on

behalf of the Department, organisation or local council affected.

(6) Notwithstanding any thing in this section. the

Ombudsman shall not, in any report made under this Act , make any

commen! that is adverse to any perso n unless the person has been

given an opponunity to be heard.

( I) Where, on any investigation following a InC~"'tJ

complaint, the Ombudsman makes a recommendation under subsection cnmpIIinanI.

(3) of sectioo 22 of this Act and 00 action which seems to the

Ombudsman to be adequate and appropriate is taken thereon within a

reasonable time.lhe Ombudsman shall inform the complainant of his

recommendation, and may make such comments on the maller as he

thi nks fit .

(2) The Ombudsman shall in any case info rm the

complainant, in such manner and at such time as he thinks proper, of

the result of the investigation.

Except on the ground of lack of jurisdiction, no PI .... ::!i"p"'"

proceeding or recommendation ofthe Ombudsman may be challenged , ubjecl IG _iow.

in any Coun.

25 , (I ) No proceedings, civil or criminal , shall lie

against the Ombudsman or against any member of his staffforanything

he may do or repon or say in the course of Ihe exercise or intended

exercise of his functions under this Act unless it is shown that he acted

in bad faith.

The Ombudsman and such persons as aforesaid, shall

(2)

nOI be called 10 give evidence in any Court , or in any proceedings of a

judicial nature , in respect of anything coming to his knowledge in the

exercise of his fun ctions under this Act.

Anything said or any infonnation supplied or any

(3)

document, papcr or thing produced by any person in the course of any

inquiry by or proceedings before the Ombudsman under this Act shall

be privileged in the same manner as if the inquiry or proceedings were

proceedings in a Court .

MI SCELLANEOUS

( I) Ma jislgl'iu jittiehdu ebda proeedi menti. civili jcw

kriminali , kontra I-Ombudsman jew kontra xi membru ta' I-ufficcju

tieghu ghal dak li jisca' jaghmel jew jirrapporta jew ighid matul il·

twettiq jew it-tweniq mahsub tal.funzjonijiet tieghu bis-sahha la ' dan

I-An kemm-il darba ma jigix ippruvat li jkun agixxa in mala fede.

Kemm I-Ombudsman kif ukoll dawk il-persu ni

( 2)

mscmmija qabeJ ma ghandhomx jitharrku sabiex jixhdu quddiem xi

Qorti ,jew matul xi proeedimemi ca' xorta gudizzjarja, dwar xi haga [i

huma jsiru jafu biha fit-Iwettiq tal-funzjonijiel taghhom bis·sahha ta'

dan I-AIt .

Kull l'Iaga li tingl'lad jew kull taghrif li jinghata jcw

(3)

kull dokumem, inkanarnent jew oggeu prodon minn persuna matul

inkjesla ta' I-Ombudsman jew proeedimenti quddiemu bis-sahha ta'

dan I-An ghandhom ikunu privileggati bl-istess mod bhallikieku 1-

inkjestajew il-proeedimcnti kienu proeedimcnti quddicm il-Qoni.

MIXXELLANJI

( I) For the purposes of this Act , but subject to the Pow,:, IGCfUr

provisions of this section, an Ombudsman may a1 any time enter any I f t -·

premises occupied by any of the Departments or organisations 10 which

Ihis Aa applies as specified in section 12, and inspect the premises

and , su bjecl 10 the provisions of sections 19 and 20 of this Act, carry

oollherei n any investi gation that is withi n his j urisdictio n.

(2) Before entering any such premises an Ombudsman shall

ncxify the Permanent Head of the Department or, as thecase may require.

the principal administrati ve officer of the organ isation by which the

premises are occupied.

(I) The Ombudsman may delegate in writing to any person

holding any office under him any of his powers under this Act, except

this power of delegation .

(2) A de legation offunctions under this Act shall be without

prej udice to the exercise of those functions by the Ombudsman, and

shall be revocable by the Ombudsman at will .

( I)

No person other than the Ombudsman appoi nted

under this Act . may use the name "Ombudsman" in con nection wi th

any business , trade or occupation, or the provision of any service,

whether for payment or otherwise . or hold himself out to be an

Ombudsman except with the written consent of the Ombudsman

appointed under this Act.

(2) A person who contravenes subsection ( I) of this section

shall be guilty of an offence and shall on conviction be liable to a fine

(multa) not exceeding one hundred Maltese liri .

29, ( I) The Ombudsman shall annually or as frequentl y as he

may deem expedient report to the House of Representatives on the

performance of his functions under this Act to the Speaker who shall

instruct the Leader ofthe House to lay a copy on the Table of the House

at the first available opportunity .

(2) The Ombudsman may from time to time in the public

interest, or in lhe interest of any person, or departmcnt. or organisation

publish re ports relating gencrally 10 the exercise of his functions under

this Act , or reports relating to any particular case or cases investigaled .

Such reports may be published whethcr or not thc matters dcalt with in

the report have been the subject of a repo rt to the House o f

Representatives under this Act.

The In vestigation of Injustices Act , is hereby repealed Repeal.

without prejudice to anythi ng done or omitted 10 be done there ullder. C~d20.

provided that complaints received up 10 the date of !.he coming into

force of this section shall continue to be investigated and concluded

and that: the provisions of the said Aa shall continue to apply in relation

the.elO.

ARST SCHEDULE

(Section 12)

PART A

The President

The House of Representatives

The Cabinet

The Judiciary

Any Tribunal constituted by o r under any law

The Commission for the Administration o f Justice

The ElcclOraJ Commission

The Malta Broadcasti ng Authority

The Employment Commission

The Ptnnanenl Commission against Corruption

The Commission for Investigatioo of Injustices

The Attomey General in the exercise of the powers referred to in

subsection (3) of section 91 of the Constitution

Any Counsel or Legal Adviser 10 the Government acting in such

a capac ity

The Director of Audit in respect critic functions under subsections

(4) and (5) of section 108 of the Constitution

The Armed Forces of Malta except as provkl.ed in Part B hereor

The Security Service.

PARTB

The Public Service Commission

The Amled Forces of Malta in respect only of appointments.

promotion , pay and pension rights of officers and men of the Fon:e.

SECON D SCHEDULE

(Section 13)

Matters nOl SUbjecllO Investigation.

I . Any matter certified by the Prime Ministerto affect the internal

or external sec urity of Malta.

2. Action taken in matters ccnificd by the Minister responsible

for foreign affairs to affect relruions or dealings between theGovemment

of Malta and any other Government or any international organisation

of Slales or Governments.

taken by the Minister responsible for justice

3. Action

under the Ex tradi tion Act.

4 . The com mencement or co nduct o f civ il or criminal

proceedings before any coun of law or any tribunal in Malta, or of

proceedings in respect of military offences under the Malta Armed

Forces Act. or of proceedings before any international court or tribunaJ .

5. The exercise of the power of the Prime Minister under section

515 of the Criminal Code.

6. Any cri minal investigation by the Police.

Passed by the House ofR epreSCnlalives at Sining No. 443 or the 18th July. 1995.

L AWRENCE G mIZI

Speaker

J . CA UCHt

Clerk 10 Ihe House of RepreseI1lW;I'es

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