Malaysia legislation
Section 10
Section 10
⎯(1) The Ombudsman shall be paid such remunerations, allowances, and other benefits as the Yang di-Pertua Negeri may, by
Order published in the Gazette, determine.
(2)
The sums required for the payment under subsection (1) shall be charged on and paid out under the State Consolidated Fund.
Powers of Ombudsman 11.⎯(1) The Ombudsman shall have the power to do all things expedient or reasonably necessary for or incidental to the discharge of his functions and exercise of his powers under this Ordinance.
(2)
Without prejudice to the generality of subsection (1), the
Ombudsman may⎯
(a)
receive, investigate, and resolve complaints including to dismiss any baseless and frivolous complaint;
(b)
recommend corrective or preventive action to be taken by a public service agency;
(c)
monitor the implementation of the recommendation made by the Ombudsman;
(d)
prepare and publish reports relating to maladministration in public service agency;
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(e)
direct the production or inspection of any document, record or file kept by or in the possession of any public service agency or any person which can materially assist the Ombudsman in the investigation into any complaint;
(f)
make factual finding based on oral or documentary disposition or evidence procured in the course of investigation;
(g)
enter and inspect the premises, any building, site, area or place related to any complaint or matter under investigation; and
(h)
to do all such matters and things as may be incidental to or consequential upon the exercise of its powers under this
Ordinance.
Functions of Ombudsman 12.⎯(1) The functions of the Ombudsman are ⎯
(a)
to receive, investigate and resolve complaint relating to maladministration of public service agency;
(b)
to promote, enhance, and instill in public service agencies the principles and practices of good governance, integrity and accountability;
(c)
to recommend any corrective, remedial and other appropriate measure or action based on the findings and results of the analysis of complaints, to public service agency;
(d)
to determine and specify the time frame within which the measure or action recommended in paragraph (c) shall be implemented by the public service agency who shall report to the
Ombudsman upon implementation of the said measures or action;
(e)
to report to the State Secretary for his appropriate action if the recommendation made under paragraph (c) is not implemented;
(f)
to submit to the Dewan Undangan Negeri annually a report of the activities and affairs of the Ombudsman;
(g)
to publicise the results of analysis or investigation of complaint if the Ombudsman thinks fit;
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(h)
to make recommendation for the strategic planning in public service agency for improvement based on the result of analysis or investigation complaint;
(i)
to monitor the implementation of complaint resolution actions by public service agency;
(j)
to advise the Government on strategies, direction and measures to be adopted for public service agency to promote principles and practices of good governance, transparency, integrity, accountability and effective or efficient public service delivery system;
(k)
to act as mediator to reach an agreement towards fair and equitable resolution of any complaint; and
(l)
to do all such matters and things as may be incidental to or consequential upon the exercise of its powers under this
Ordinance.
(2)
Notwithstanding any provision under this Ordinance, the Ombudsman may initiate any action, review and analyse any issues relating to maladministration in the public interest either on its own initiative or on the basis of public complaints.
Delegation of powers by the Chief Ombudsman 13.
The Chief Ombudsman may, by direction, delegate to any person appointed under section 5 any of his powers under this
Ordinance, or where it appears to the Chief Ombudsman that he has or may have an interest in any matter which is the subject of an investigation under Part III of this Ordinance, shall so delegate his powers and shall not undertake personally or continue that investigation or report thereon.