Ombudsman Act 2024 PDF

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 12th March, 2024  OMBUDSMAN ACT, 2024 Arrangement of Sections Section PART I - PRELIMINARY...

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 12th March, 2024  OMBUDSMAN ACT, 2024 Arrangement of Sections Section PART I - PRELIMINARY 3 1. Short title and commencement.............................................................................3 2. Interpretation........................................................................................................3 3. Application of Act................................................................................................4 4. Objectives of the Act............................................................................................5 PART II – OFFICE OF OMBUDSMAN 5 ESTABLISHMENT AND FUNCTIONS OF OFFICE OF OMBUDSMAN 5 5. Establishment of Office of Ombudsman..............................................................5 6. Ombudsman to hold no other office....................................................................6 7. Functions of Ombudsman....................................................................................6 8. Powers of Ombudsman........................................................................................7 PART III - MAKING AND HANDLING OF COMPLAINTS 8 9. Making a complaint.............................................................................................8 10. Restrictions on jurisdiction to investigate............................................................9 11. Complaints determined by mediation.................................................................10 12. Notice of an intention to investigate...................................................................10 PART IV – INVESTIGATIONS BY OMBUDSMAN 11 13. Conduct of investigations...................................................................................11 14. Evidence of breach of duty or misconduct.........................................................11 15. Obtaining evidence for purposes of investigation..............................................11 PROCEDURE AFTER INVESTIGATION 12 16. No evidence of maladministration or breach......................................................12 17. Evidence of maladministration...........................................................................13 18. Authority to notify Ombudsman of steps taken after receipt of recommendations............................................................................................................................13 19. Special report by Ombudsman..........................................................................14 20. Evidence of breach of fundamental rights and freedoms...................................14 21. Ombudsman not to make adverse comments.....................................................15 PART V - MISCELLANEOUS 15 22. Protection and privileges of witnesses................................................................15 23. Privilege.............................................................................................................16 24. Protection of title................................................................................................17 25. Appropriation of funds etc................................................................................17 26. Annual reports....................................................................................................17 27. Offences.............................................................................................................18 28. Amendment of First and Second Schedules.......................................................19 29. Regulations.......................................................................................................19  BAIL (AMENDMENT) ACT, 2024 OMBUDSMAN ACT 2024 OMBUDSMAN OMBUDSMAN ACT ACT 2024 2024 c c c No. 2 of 2024 BAIL (AMENDMENT) ACT, 2024 OMBUDSMAN OMBUDSMAN OMBUDSMAN ACT, ACT, ACT, 2024 2024 2024 AN ANACT AN ACT AN ACTTO TO ACT TOFOR TOPROVIDE PROVIDE PROVIDE AMEND THE FOR FOR THE THE THE BAIL OFFICE OFFICE OF ACT OF OMBUDSMAN OFFICE OF OMBUDSMAN OMBUDSMAN [Date of Assent - 12th March, 2024] Enacte Enacte Enacte tt eet Par iament e Par Par of of T iament iament TofeeTBa amas Bae Ba amas amas Enacted by the Parliament of The Bahamas 1. PART PART II -- IPRELIMINARY Short title and commencement. PART PRELIMINARY - PRELIMINARY (1) This Act may be cited as the Bail (Amendment) Act, 2024. 1. 1. Short Short title title and and commencement. commencement. 1. Short (2) This titleActand commencement. shall come into force on such date as the Minister may specify 11 This Act by Notice This may Act may be be cited published citedinas asthethe Ombudsman Ombudsman Act theGazette. Act 2024. 2024. 1 This Act may be cited as the Ombudsman Act 2024. 22 This This Act shall come into operation on such date as Act shall come into operation on such date as the the Prime Prime Minister Minister may may 2. Repeal 2 appoint andAct This replacement by shall notice come in the of into Ga section operation ette. 8Aon of such the principal date as Act. the Prime Minister may appoint by notice in the Ga ette. appointAct The principal byisnotice amended in the by Ga ette. of section 8A and the replacement by the repeal 2. 2. Interpretation. Interpretation. the following— 2. Interpretation. 11 In “8A. In this this Act Appeal Act unless unlessto the the conte the Courttt of conte otherwise Appeal.re otherwise re uires uires 1 aaIn ministrati this Act (1) Where ministrati unless e action e action the conte the Suprememeans means anyt otherwise any Court action grants action retaken uires or taken by by or refuses or aon behalf onperson of of an behalfbail, or an authority a ministrati authority in revokes the inethe e action ercise eor ercise refuses of means its of its administrative to administrative revoke any action bail, takenfunctions the and prosecution by orand functions includes or the of an onincludes behalf person, authority in shall the ehave a right ercise of its of administrative appeal to the Court of Appeal. functions and includes aa (2) aaWhere decision the decision or an act or an act prosecution intends to appeal the decision of the bb a aaSupreme failure a decision failure to toCourtmake or an make a decision toa grant act decision or bailorordo do an to an act refuse act to including a failure revoke abail including and failure to to provide gives providenotice reasons of thefor reasons for aa decision intention decision to appeal that decision to the b Court a failure to make aJudge of Appeal, the decision or do an act including a failure shall remand the accused person cc aa recommendation recommendation or or for a decision to provide intoaction custody pending reasons theoffiling of a Notice of Appeal by the dd any action taken because aa recommendation. c any a recommendation prosecution taken because in accordance orofwith recommendation. subsection (3). aa tt orit orit means the the entities prescribed in section 33 (3)d means AanyNoticeaction entities of taken Appealprescribed because against of in any section a recommendation. decision in subsection (1) com com ainant ainant means means aafiled person person who who makes makes aadays complaint complaint under under this this Act Act a t orit means the entities prescribed in section 3making shall be within seven of the of the Co rt means the decision, Co rt means the Supreme CourtSupremeand Court pending the hearing of an appeal, the person ff n com ainant shall means remain a free in person custody.”. whomeansmakesthea complaint under this Act n amenta rig ts an free oms means the fundamental rights and amenta rig ts an oms fundamental rights and Co freedoms rt meansof freedoms ofthethe theSupremeindividual individual Courtprotected protected in in Chapter Chapter III III ofof the the f nConstitution amenta rig Constitution of of the ts Commonwealth the an free oms of Commonwealth The The Bahamas ofmeans the fundamental rights and Bahamas freedoms of the individual protected in Chapter III of the Page - 2 Constitution of the Commonwealth of The Bahamas Page Page 33 Page 3  OMBUDSMAN ACT 2024 Go ernment B siness Enter rise has the meaning ascribed to it in the Public Finance Management Act 2023 No. 4 of 2023); in estigation means an investigation under this Act oca go ernment has the meaning ascribed to it in the Public Finance Management Act 2023 No. 4 of 2023); ma a ministration means inefficient bad or improper administration and includes a unreasonable delay in dealing with the subject matter of an investigation b abuse of any power including any discretionary power or c administrative action that was i contrary to law ii taken without the proper authority iii as a result of negligence or carelessness iv unfair oppressive or improperly discriminatory or based on procedures that are unfair oppressive or improperly discriminatory v based wholly or partly on a mistake of law or fact or irrelevant grounds vi as a result of the application of arbitrary or unreasonable procedures or vii otherwise contrary to fair or sound administration or good governance Om sman means the person appointed to the office of Ombudsman established by section 5 ic entit has the meaning ascribed to it in the Public Finance Management Act 2023 No. 4 of 2023). 2 Any reference in this Act to an authority includes a reference to the officers and employees of that authority.. Application o Act. This Act applies to the following authorities a public entity b Government Business Enterprise c local government d any company registered under the Companies Act Ch. 308 being a company in which the Government or an agency of Government holds not less than forty nine per centum of the ordinary shares e any other body Page 4 OMBUDSMAN ACT 2024 i which is established by Act of Parliament or ii whose revenues are wholly or partially derived from public resources as the term is defined in the Public Finance Management Act 2023 No. 4 of 2023). ecti e o the Act. The objectives of this Act are to a promote transparency accountability and integrity in the administration and decision making of authorities and b ensure the protection of fundamental rights and freedoms and international human rights as the foundation of a fair and just society. PART II I E M SMAN ESTABLISHMENT AND FUNCTIONS OF OFFICE OF OMBUDSMAN. E ta li hment o ice o m d man. 1 There shall be a person known as the Ombudsman who shall be appointed by the Governor General acting on the recommendation of a committee comprised of the following persons a the Prime Minister b Leader of the Opposition c a representative of the udicial and Legal Service Commission d a representative of the Public Service Commission e the President of The Bahamas Chamber of Commerce and Employer s Confederation or his representative and f a member representing civil society recommended by the umbrella organisation of civil society organisations in The Bahamas. 2 A person shall be eligible for appointment as Ombudsman if ualified for appointment as a ustice of the Supreme Court and meets the following criteria a has knowledge of the Constitution and principles of international human rights law b has e perience in advocacy or adjudication of matters involving human rights c has knowledge and e perience in public governance and administration and d is a person of integrity and good character. Page 5  OMBUDSMAN ACT 2024 3 The Ombudsman shall not be a public officer. 4 The h shall have effect with respect to the tenure remuneration other terms and conditions of service of the Ombudsman and other matters related thereto.. m d man to hold no other o ice. 1 The Ombudsman shall not hold any office or otherwise engage in any occupation activity or practice outside the duties of Ombudsman. 2 If the Ombudsman becomes aware of an actual or perceived conflict of interest in a matter which is the subject of an investigation by him the Ombudsman shall a immediately inform the Governor General and Speaker of the House of Assembly and b take immediate action to avoid the conflict of interest i by eliminating the conflict or ii referring the matter to a court of competent jurisdiction for determination.. nction o m d man. 1 The functions of the Ombudsman are a to en uire into and investigate any administrative action by an authority for the purpose of deciding whether there is evidence of i maladministration or ii breach of fundamental rights and freedoms b to make recommendations to any authority concerning any administrative action investigated under paragraph a and generally about ways of improving its administrative practices and procedures c to promote public awareness of fundamental rights and freedoms through the provision of information and education d to consult engage and cooperate with civil society religious ethnic and minority organisations and academic institutions e in conjunction with the Attorney General to monitor and promote compliance with international and domestic human rights law by any of the following i making recommendations to the Government as to e ecution and ratification of an international human rights instrument ii reviewing e isting and proposed legislation for consistency with international human rights law and recommending Page 6 OMBUDSMAN ACT 2024 additional legislative or other measures to protect fundamental rights and freedoms iii advising the Government on its reporting obligations under international human rights instruments and the content of those reports where re uired iv performing such other functions as may be conferred on him under this or any other Act. 2 The Ombudsman may investigate any administrative action taken by or on behalf of any authority a where a complaint is made to him by a person who claims i to have been treated unfairly as a result of maladministration or ii to have had a fundamental right and freedom breached b on his own motion or where either House of Parliament resolves that there are reasonable grounds to carry out an investigation in the public interest. 3 The Ombudsman may conduct an investigation notwithstanding a provision in any written law to the effect that a any decision recommendation or act of an authority shall be final b no appeal shall lie in respect thereof or c no proceeding of an authority shall be challenged reviewed uashed or called in uestion. 4 If a uestion arises about the Ombudsman s jurisdiction to investigate a case the Ombudsman or complainant may apply to the Court for an order determining the jurisdiction of the Ombudsman.. Po er o m d man. 1 The Ombudsman shall in investigating a complaint have the power to a make copies of any document or e amine any thing produced b enter on any premises occupied by any authority between 9am and 5pm on weekdays c inspect the premises d conduct interviews on the premises with officers of the authority e e amine any document found on those premises which specifically relate to the complaint f refer the subject of the complaint to the Commissioner of Police or g issue a stay of a decision pending further investigation. 2 Before entering any premises pursuant to subsection 1 b the Ombudsman shall give the head of the authority occupying the premises Page 7  OMBUDSMAN ACT 2024 twenty four hours notice of his intention to enter the premises and his purpose for entering. 3 The Attorney General may by notice to the Ombudsman e clude the e ercise of the powers of the Ombudsman in relation to any complaint being investigated by the Ombudsman if in the opinion of the Attorney General the investigation of such complaint by the Ombudsman is prejudicial to the public interest. 4 here a notice is given under subsection 3 and the Ombudsman is of the opinion that it is necessary to take the action prevented by the notice the Ombudsman may apply to the Court for an order setting aside the notice. PART III - MA IN AN AN LIN MPLAINTS. Ma in a complaint. 1 A complaint to the Ombudsman about any administrative action of an authority a may be made by the person aggrieved or other person authori ed by him in writing to act on his behalf b may be made electronically or in writing and c shall be made within one year after the date the complainant first had notice of the administrative action. 2 here a complaint is made to the Ombudsman he shall record a the complainant s name street address email address and telephone number b the subject matter of the complaint and c the date when the complaint was made. 3 The Ombudsman shall write to a complainant acknowledging receipt of the complaint within thirty 30 days from the date of receipt of the complaint. 4 here a person who is detained in custody or otherwise confined in an institution informs the person in charge or other person performing duties in connection with his detention or confinement that he wishes to make a complaint to the Ombudsman the person so informed shall a provide writing paper writing utensils and an unsealed envelope to the complainant b take all other steps necessary to facilitate the making of the complaint and Page 8 OMBUDSMAN ACT 2024 OMBUDSMAN ACT 2024 c without delay deliver the sealed envelope containing the complaint c without delay deliver the sealed envelope containing the complaint to the Ombudsman. to the Ombudsman. 5 A communication from the Ombudsman to a person detained in custody 5 A or communication from the Ombudsman confined in an institution to a person shall be forwarded to thatdetained in acustody person in sealed or confined envelope. in an institution shall be forwarded to that person in a sealed envelope. 1. Re triction on ri diction to in e ti ate. 1. Re triction on ri diction to in e ti ate. 1 The Ombudsman shall not investigate any administrative action 1 The Ombudsman shall not investigate any administrative action a in respect of any matter described in the o h a in respect of any matter described in the o h b determined before the commencement of this Act b determined before the commencement of this Act c of which the complainant had notice for more than one year before c of whicha the making complainant had notice for more than one year before complaint making a complaint d where the Constitution or any written law provides a remedy d where ade uate thein Constitution the circumstancesor anyandwritten law provides the complainant has nota remedy availed ade uate in the circumstances and the complainant himself of that remedy without reasonable justification for has not availed his himself failure toofdo that so remedy without reasonable justification for his failure to do so e where the subject matter of the action was previously determined e where the of by a court subject matterjurisdiction competent of the action was previously determined by a court of competent jurisdiction f which gives rise to a complaint which is frivolous ve atious or not f which made ingives goodrise to aorcomplaint which is frivolous ve atious or not faith made in good faith or g where the complainant does not have a sufficient interest in the g where subject the complainant matter does not have a sufficient interest in the of the complaint. subject matter of the complaint. 2 The Ombudsman may decide not to complete an investigation if 2 The Ombudsman may decide not to complete an investigation if a the complainant has abandoned the complaint by failing to respond a the aftercomplainant a reasonable has number abandoned of the complaint attempts by bythefailing to respond Ombudsman to after a contact himreasonable number of attempts by the Ombudsman to contact him b the complainant withdraws the complaint in writing or b the complainant withdraws the complaint in writing or c the complaint is settled or is successfully dealt with by mediation. c the complaint is settled or is successfully dealt with by mediation. 3 here the Ombudsman does not investigate or complete an investigation 3 hehere shallthe Ombudsman does not investigate or complete an investigation he shall a notify the complainant and the authority in writing within thirty a notify days of the his complainant decision andnot the to authority investigatein or writing within thirty to complete the days of investigation his decision not to investigate or to complete the investigation b give reasons for his decision and b give reasons for his decision and c notify the complainant in writing of any other recourse available to c notify him. the complainant in writing of any other recourse available to him. Page 9 Page 9  OMBUDSMAN ACT 2024 11. omplaint determined mediation. 1 The Ombudsman may determine a complaint by mediation if he is of the opinion having regard to all the circumstances of the case that mediation is suitable. 2 The Ombudsman may engage technical or professional advisers as he considers necessary to assist him in the discharge of his functions under this section. 3 here a complaint has been referred to mediation by the Ombudsman the mediation shall be terminated where the parties are unable to settle the complaint within si ty days of the commencement of mediation and the mediator shall notify the Ombudsman of the termination of mediation. 4 If an attempt to deal with a complaint by mediation under this section is unsuccessful a the complaint shall be treated under this Act as if the mediation had not taken place and b the mediator shall be e cluded from giving evidence in any subse uent investigation by the Ombudsman. 5 Anything said or admitted during the mediation and no document submitted for the purposes thereof shall be admissible in evidence in any subse uent investigation of the complaint unless the complainant consents. 6 The cost of engagement of technical or professional advisers shall be payable out of monies appropriated by Parliament for that purpose. 12. Notice o an intention to in e ti ate. 1 here the Ombudsman decides to conduct an investigation he shall before commencing the investigation give notice in writing to the authority and complainant. 2 The notice shall a inform the authority and the complainant of the investigation b identify the nature of the complaint and c inform the authority and complainant of the powers of the Ombudsman to conduct an investigation. Page 10 OMBUDSMAN ACT 2024 PART I IN ESTI ATI NS Y M SMAN 1. ond ct o in e ti ation. 1 The investigation of an administrative action by the Ombudsman shall be conducted in private. 2 hen conducting an investigation the Ombudsman a shall not be bound by the strict rules of evidence but shall comply with the rules of natural justice b may afford to the complainant and the authority a legal representative of their own choice and at their own e pense and the Ombudsman shall permit the legal representative to make written or oral representations or both c may obtain information from any person in the manner he considers appropriate and d may make such in uiries as he considers appropriate. 3 Subject to the provisions of this Act the Ombudsman may regulate the procedure for investigations or proceedings in such manner as he sees fit. 1. E idence o reach o d t or mi cond ct. 1 If during the course of an investigation or thereafter the Ombudsman is of the opinion that there is evidence of any breach of duty or misconduct on the part of any officer or employee of any authority which may amount to a criminal offence he shall refer the matter to the Commissioner of Police. 2 here the Ombudsman makes a reference to the Commissioner of Police proceedings under this Act with respect to the investigation under subsection 1 shall be stayed pending determination of the matter by the Commissioner of Police. 1. tainin e idence or p rpo e o in e ti ation. 1 In conducting an investigation the Ombudsman shall have the powers of a ustice of the Court to summon compel the attendance and e amination of persons the production of documents or things and the power to administer oaths and affirmations. 2 Pursuant to his powers under subsection 1 the Ombudsman may compel the attendance and e amination of any officer or member of the authority under investigation and the complainant or any other person who in the opinion of the Ombudsman is able to give information or produce documents relevant to the investigation or complaint. Page 11  OMBUDSMAN ACT 2024 3 The Ombudsman shall not re uire a any person to furnish any information or answer any uestion i relating to proceedings or deliberations of the Cabinet or any committee of the Cabinet ii prejudicial to the security defence or international relations of The Bahamas iii prejudicial to the investigation or detection of offences or iv relating to any matter described in the o h ; b any person Minister or Parliamentary Secretary to produce in whole or in part any document whose release is prohibited by subsection 3 a. 4 For the purposes of subsection 3 a a a certificate by the Secretary to the Cabinet shall be conclusive proof of the matters referred to in sub paragraph i and b a certificate by the Attorney General shall be conclusive proof of the matters referred to in sub paragraphs ii iii and iv. 5 Subject to section 8 3 and subsection 3 a the Ombudsman may for the purpose of an investigation re uire any Minister officer or member of the authority concerned or any other person including the complainant to supply any information produce any document or thing attend for e amination or allow access by the Ombudsman to any premises of the authority and b no information answer document or thing shall be withheld from the Ombudsman on the ground that its disclosure would be contrary to the public interest. OCEDU E AFTE IN ESTI ATION 1. No e idence o maladmini tration or reach. If at the conclusion of an investigation the Ombudsman determines that there is no evidence of maladministration or in his opinion there is no breach of fundamental rights and freedoms on the part of the authority he shall as soon as is reasonable and in any case not more than ninety days after his conclusion a record his decision and reasons in writing and b notify both the complainant and the authority of his decision and reasons. Page 12 OMBUDSMAN ACT 2024 1. E idence o maladmini tration. 1 If at the conclusion of an investigation the Ombudsman decides that there is evidence of maladministration on the part of the authority the Ombudsman shall report his decision to the authority and the complainant in writing as soon as is reasonable and in any case not more than ninety days after such decision make such recommendation to the authority as he sees fit. 2 ithout restricting subsection 1 the Ombudsman may recommend to the authority that a the act of maladministration be referred to an appropriate authority or the Court for further consideration or redress in the circumstances b an omission or a delay be rectified c a decision or recommendation of an authority be cancelled or altered d reasons be given for the maladministration by the authority e a practice procedure or course of conduct be altered f an enactment be reviewed or g any other steps be taken. 3 In making a recommendation under this section the Ombudsman shall inform the authority of the re uirements under section 18 and the conse uences of non compliance with the re uirements. 1. A thorit to noti m d man o tep ta en a ter receipt o recommendation. 1 here the Ombudsman makes a recommendation to an authority under section 17 the authority shall notify the Ombudsman in writing within twenty one days of receipt of the recommendation of the action taken or proposed to be taken to give effect to the recommendation. 2 here the authority has taken no action within twenty one days of receipt of the recommendation or does not propose to take any action the authority shall give reasons in writing to the Ombudsman for its failure to implement the recommendation. 3 The Ombudsman if he thinks fit in the circumstances may in writing e tend the time period specified in subsection 1. 4 If within the time period specified by this section the authority a fails to comply with the recommendation given in accordance with subsection 1 or Page 13  OMBUDSMAN ACT 2024 c has taken action that in the Ombudsman s opinion is inade uate or inappropriate the Ombudsman after considering any reasons given by the authority may include the failure of the authority to implement the recommendation in a special report in accordance with section 19. 1. Special report m d man. 1 here an Ombudsman has made a recommendation under section 17 and the authority fails to comply with the recommendation or has taken action that is inade uate or inappropriate the Ombudsman shall prepare a special report on the investigation. 2 The Ombudsman shall deliver a special report made under this section to the a Speaker of the House of Assembly b Governor General c President of the Senate and d Minister charged with responsibility for the authority. 3 here any part of a special report deals with any matter concerning an authority for which a Minister is charged with responsibility the Ombudsman shall also send copies of that part or those parts of the report to that Minister for his information. 4 The Ombudsman shall not include in a special report any information relating to a any proceedings or matter that might prejudice the national security of the Commonwealth of The Bahamas or b proceedings before any court. 2. E idence o reach o ndamental ri ht and reedom. 1 If at the conclusion of an investigation the Ombudsman is of the opinion that there is evidence of a breach of the complainant s fundamental rights and freedoms on the part of the authority the Ombudsman shall within ninety days of his conclusion prepare and deliver a report of his decision in writing to a the authority and b the complainant and shall include in the report such legal advice as he considers necessary. 2 here a report is prepared by the Ombudsman in accordance with subsection 1 the Ombudsman shall deliver a copy of the report to the a Speaker of the House of Assembly Page 14 OMBUDSMAN ACT 2024 b Governor General c President of the Senate and d Minister charged with responsibility for the authority. 21. m d man not to ma e ad er e comment. The Ombudsman shall not a in any reference under section 14 1 make any statement adverse to the authority or the person who is the subject of the complaint b in any report made under section 26 i in any recommendation contained in the report make any statement adverse to the authority or person unless that authority or person has been given an opportunity to be heard or ii in any reference contained in the report make any statement adverse to the authority or person that is the subject of the complaint. PART - MIS ELLANE S 22. Protection and pri ile e o itne e. 1 Every person shall have the same rights in relation to the giving of information to the Ombudsman the answering of uestions put by the Ombudsman and the production of any documents and things as witnesses have in the Court. 2 Compliance with any re uirement of the Ombudsman under section 15 2 a is not a breach of any obligation of secrecy or non disclosure and b no person shall be liable to prosecution for an offence under the Official Secrets Act 1911 of the United ingdom or any other written law by reason only of that person s compliance with any re uirement under section 15 2. 3 E cept in proceedings for perjury within the meaning of section 423 of the Penal Code Act Ch. 84 in respect of sworn testimony given by a person before the Ombudsman or in respect of an offence in section 27 a no statement given by any person in the course of any investigation by or proceedings before the Ombudsman shall be admissible in evidence against that or any other person in any court or in any in uiry or other proceeding and Page 15  OMBUDSMAN ACT 2024 b no evidence in respect of proceedings before the Ombudsman shall be given against any person. 4 No person shall discriminate against another person the other person in any of the ways specified in subsection 5 because that other person a complains gives evidence or otherwise assists with the reporting of a complaint investigation or other proceedings under this Act or b discloses information to the Ombudsman about maladministration or a breach of fundamental rights and freedoms on the part of an authority. 5 For the purposes of subsection 4 discrimination occurs where a person a refuses to employ or to continue to employ the other person b threatens to dismiss or threatens to penali e the other person in any other way in regard to the terms and conditions of his employment or c intimidates coerces or imposes any penalty upon the other person. 2. Pri ile e. 1 E cept in the case of proceedings for an offence under section 27 no proceedings whatsoever shall lie against the Ombudsman or any person concerned with the administration of this Act for anything he may do or report or say in the performance of his functions under this Act. 2 Anything said or any information supplied or any document or thing produced by any person for the purpose or in the course of any investigation before the Ombudsman shall be privileged in the same manner as if the investigation was a proceeding in a court. 3 For the purposes of the law of defamation a any communication made by or to the Ombudsman for the purposes of a complaint or investigation shall be privileged in the same manner as if it were made in the course of proceedings in a Court b any report of the Ombudsman under this Act shall be deemed to be authorised to be published by both Houses of Parliament and shall be privileged c any communication between the Ombudsman and a member of either House of Parliament for the purposes of the Ombudsman s functions shall be deemed to be a proceeding in Parliament and shall be privileged. Page 16 OMBUDSMAN ACT 2024 2. Protection o title. No person other than the person for the time being appointed as the Ombudsman shall a use the title the Ombudsman or b hold himself out to be the Ombudsman. 2. Appropriation o nd etc. 1 All a salaries including that of the Ombudsman b allowances and other e penditure payable or incurred under this Act shall be payable out of monies appropriated by Parliament for that purpose. 2 The Ombudsman shall be the chief e ecutive officer and principal accounting officer in respect of estimates of e penditure approved for the office of the Ombudsman. 3 The Ombudsman shall cause proper accounts to be kept and maintained of all the financial transactions of the office of the Ombudsman and shall prepare in respect of each financial year a statement of such accounts in such form as the Treasurer may direct. 4 The accounts of the office of the Ombudsman shall be audited and reported on annually by the Auditor General and for that purpose the Auditor General or any person authorised by him in that behalf shall have access to all books records returns and other documents relating to such accounts. 2. Ann al report. 1 The Ombudsman shall no later than si months after the end of each financial year prepare a report on the performance of his functions under this Act during that year. 2 The annual report shall contain a statistical information on the complaints received b the recommendations and references made in relation to complaints received c the outcome or steps taken by an authority to give effect to a recommendation made by the Ombudsman and d an account of its transactions. 3 The Ombudsman shall prepare and deliver the annual report made under this section to the Speaker of the House of Assembly and shall send a Page 17  OMBUDSMAN ACT 2024 OMBUDSMAN ACT 2024 copy of the report to the Governor General and the President of the copy Senate.of the report to the Governor General and the President of the Senate. 4 here any part of an annual report deals with any matter concerning an 4 here anyfor authority partwhich of an annual report isdeals a Minister with any charged withmatter concerning the responsibility an authority Ombudsman forshall whichalso asend Minister copies ofis that charged part orwith thoseresponsibility parts of the reportthe Ombudsman to that Minister shall foralso send copies of that part or those parts of the report his information. to that Minister for his information. 5 Annual reports prepared by the office of the Ombudsman shall be 5 Annual publishedreports prepared in a format by the office established by theofOmbudsman the Ombudsman on theshall be official published website of in the aoffice format established of the Ombudsman. by the Ombudsman on the official website of the office of the Ombudsman. 6 The Ombudsman shall not include in an annual report any information 6 The Ombudsman relating to shall not include in an annual report any information relating to a any proceedings or matter that might prejudice the national security a any of Theproceedings Bahamas orormatter that might prejudice the national security of The Bahamas or b proceedings before any court. b proceedings before any court. 2. ence. 2. ence. 1 Any person who without lawful justification or e cuse obstructs insults 1 Any person hinders who without or resists lawful justification the Ombudsman or e cuse obstructs in the performance insults of his functions hinders under this or Act resists the Ombudsman commits the offence of in contempt the performance of his and is liable on functions summary under this Act conviction to acommits fine notthe e offence ceeding oftencontempt thousand anddollars is liable or on si summary months conviction imprisonment. to a fine not e ceeding ten thousand dollars or si months imprisonment. 2 here a person 2 here a person a intentionally makes a false statement to misleads or attempts to a intentionally makes a false mislead the Ombudsman or statement to misleads another person in the eorercise attempts to of any mislead the Ombudsman or another function or power conferred by this Act or person in the e ercise of any function or power conferred by this Act or b discloses information or documents in contravention of paragraph 8 b discloses of the information h or or documents in contravention of paragraph 8 of the h or c discriminates against another person in contravention of section c discriminates 22 4 or against another person in contravention of section 22 4 or d being a person in charge of other persons complained to by a person d being detaineda person in charge in custody fails of other persons to comply complained with section 9 4 to by a person detained in custody fails to comply with section 9 4 commits an offence. commits an offence. 3 Any person who commits an offence contrary to subsection 2 a b and 3 Any d isperson liablewho commits conviction on summary an offence to contrary to subsection a fine not e ceeding five 2 a thousand b and d is dollars.liable on summary conviction to a fine not e ceeding five thousand dollars. 4 Any person who commits an offence contrary to subsection 2 c is liable 4 Any person who on summary commitstoana offence conviction fine notcontrary e ceeding to subsection ten thousand 2 cdollars is liable or on summary conviction imprisonment not e ceeding to asifine not e ceeding ten thousand dollars or months. imprisonment not e ceeding si months. Page 18 Page 18 OMBUDSMAN ACT 2024 OMBUDSMAN ACT 2024 2. Amendment o ir t and Second Sched le. 2. Amendment o ir t and Second Sched le. The Governor General may by Order subject to the affirmative resolution of the The bothGovernor Houses ofGeneral mayamend Parliament by Order the subject andto theoaffirmative h resolution. of the both Houses of Parliament amend the and o h. 2. Re lation. 2. Re lation. 1 The Governor General may make regulations for the better carrying into 1 The effectGovernor General may of the provisions of make regulations this Act and to for the better provide for anycarrying matterinto in effect of the provisions of this Act and to provide for any respect of which it may be necessary or desirable to make regulations. matter in respect of which it may be necessary or desirable to make regulations. 2 Any regulations made under subsection 1 shall be subject to affirmative 2 Any regulations resolution made by both under Houses of subsection Parliament. 1 shall be subject to affirmative resolution by both Houses of Parliament. FIRST SCHEDULE FIRST SCHEDULE section 5 section 5 1. Ten re o o ice. 1. Ten re o o ice. 1 Subject to the provisions of this paragraph any person appointed as 1 Subject Ombudsman to theshall provisions hold officeof for thisa paragraph anyyears period of five personandappointed shall at the as Ombudsman shall hold office for a period of five years e piration of such period be eligible for reappointment for a further and shall at the eperiod piration of more of not such than period be eligible for reappointment for a further five years. period of not more than five years. 2 A person appointed as Ombudsman may at his own re uest be relieved of 2 Ahisperson officeappointed as Ombudsman by the Governor General may and at his in shall own anyrecase uest subject be relieved to theof his office by the Governor General and shall in any provisions of sub paragraph 3 vacate office on attaining the age of case subject to the provisions seventy years.of sub paragraph 3 vacate office on attaining the age of seventy years. 3 Notwithstanding he has attained the age at which he is re uired by or 3 Notwithstanding under the provisions he has of attained the age at which this paragraph to vacate he ishis re uired office bytheor under the provisions of this paragraph to vacate Ombudsman may continue in office for such period after attaining that his office the Ombudsman may continue age as the Governor Generalin office actingforonsuchtheperiod after attaining recommendation of that the age as the Governor General acting on the recommendation committee referred to in section 5 2 may specify in order to enable of the the committee referred to in section 5 2 may specify in order Ombudsman to give his decision or do any other thing in relation to any to enable the Ombudsman investigation to he give his decisionbefore was conducting or dohe any other thing attained in relation to any that age. investigation he was conducting before he attained that age. 4 Nothing done by the Ombudsman shall be invalid by reason only that he 4 Nothing donethe has attained byage the at Ombudsman which he isshall be invalid re uired by thisbysection reasontoonly thathis vacate he has attained office. the age at which he is re uired by this section to vacate his office. 5 The Ombudsman may be removed from office for 5 The Ombudsman may be removed from office for a inability to discharge the functions of his office whether arising a inability to discharge from infirmity of body the functions or mind or anyofother his cause office whether arising from infirmity of body or mind or any other cause b misbehaviour or b misbehaviour or Page 19 Page 19  OMBUDSMAN ACT 2024 c any circumstance arises under paragraph 2 that if he were not Ombudsman would cause him to be dis ualified for appointment and shall not be removed e cept in accordance with the provisions of sub paragraph 6. 6 If the Prime Minister represents to the Governor General that the uestion of removing the Ombudsman from office ought to be investigated then a the Governor General shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Governor General acting in accordance with the advice of the Chief ustice from among persons who hold have held or are ualified to hold high judicial office and b the tribunal shall en uire into the matter and report on the facts thereof to the Governor General and recommend to the Governor General whether the Ombudsman ought to be removed from office. 7 If the uestion of the removal of the Ombudsman from office is referred to the tribunal under sub paragraph 6 the Governor General may suspend the Ombudsman from performing the functions of his office pending the tribunal s en uiry and any such suspension may at any time be revoked by the Governor General and shall in any case cease to have effect if the tribunal recommends to the Governor General that the Ombudsman ought not to be removed from office. 8 here the tribunal has advised the Governor General that the Ombudsman ought to be removed from office for inability or misbehaviour the Governor General shall remove the Ombudsman from office 2. i ali ication. A person shall not be ualified for appointment to the office of Ombudsman if he a is a member of the House of Assembly or the Senate b is a member of a local government authority c is an undischarged bankrupt d owns ten percent or more of shares in any company in which the government owns any shares e has at any time been convicted of any offence involving dishonesty or violence or is liable on conviction of any offence to be sentenced to imprisonment for a term e ceeding twelve months. Page 20 OMBUDSMAN ACT 2024 OMBUDSMAN ACT 2024. illin o acanc.. illin o acanc. 1 hen a vacancy arises in the office of Ombudsman the Governor 1 hen a vacancy arises in the office of Ombudsman the Governor General acting on the recommendation of the committee in accordance General acting on the recommendation of the committee in accordance with section 5 2 may appoint a person to act in that office during such with section 5 2 may appoint a person to act in that office during such vacancy until a substantive appointment is made. vacancy until a substantive appointment is made. 2 here by reason of his absence from the country or other sufficient 2 here by reason of his absence from the country or other sufficient cause or by reason of his suspension under paragraph 1 7 the cause or by reason of his suspension under paragraph 1 7 the Ombudsman is unable to perform his functions under this Act the Ombudsman is unable to perform his functions under this Act the Governor General acting in accordance with section 5 2 may appoint a Governor General acting in accordance with section 5 2 may appoint a suitable person to perform the functions of the Ombudsman in his absence suitable person to perform the functions of the Ombudsman in his absence or during his suspension. or during his suspension. 3 If after the e piry of si months the Ombudsman fails to return to his 3 If after the e piry of si months the Ombudsman fails to return to his office by reason of his absence from the country or after the Governor office by reason of his absence from the country or after the Governor General has revoked his suspension under paragraph 1 7 the Governor General has revoked his suspension under paragraph 1 7 the Governor General acting in accordance with section 5 2 may appoint a new General acting in accordance with section 5 2 may appoint a new Ombudsman. Ombudsman.. Rem neration o m d man.. Rem neration o m d man. 1 Subject to sub paragraph 2 the Ombudsman shall be entitled to receive 1 Subject to sub paragraph 2 the Ombudsman shall be entitled to receive such remuneration and emoluments as are payable to a ustice of the such remuneration and emoluments as are payable to a ustice of the Court other than the Chief ustice. Court other than the Chief ustice. 2 The emoluments and terms and conditions of service of the Ombudsman 2 The emoluments and terms and conditions of service of the Ombudsman shall not be altered to his disadvantage during the period of his shall not be altered to his disadvantage during the period of his appointment. appointment. 3 The remuneration and emoluments shall be charged and paid out of the 3 The remuneration and emoluments shall be charged and paid out of the Consolidated Fund. Consolidated Fund.. Pen ion.. Pen ion. The Ombudsman shall be entitled to receive such pension or gratuity as is paid The Ombudsman shall be entitled to receive such pension or gratuity as is paid pursuant to the udges Remuneration and Pensions Act Ch. 4 ) to a ustice of pursuant to the udges Remuneration and Pensions Act Ch. 4 ) to a ustice of the Court other than the Chief ustice. the Court other than the Chief ustice.. Sta.. Sta. 1 The Ombudsman shall appoint such number of public officers as may be 1 The Ombudsman shall appoint such number of public officers as may be re uired to assist the Ombudsman in the discharge of his functions. re uired to assist the Ombudsman in the discharge of his functions. 2 The Ombudsman may in addition to the technical or professional advisers 2 The Ombudsman may in addition to the technical or professional advisers engaged to assist him pursuant to section 11 2 may from time to time engaged to assist him pursuant to section 11 2 may from time to time engage such other technical or professional advisers as he considers engage such other technical or professional advisers as he considers necessary to assist him in the discharge of his functions. necessary to assist him in the discharge of his functions. Page 21 Page 21  OMBUDSMAN ACT 2024 3 Every person appointed or engaged under this section is subject to the Ombudsman s direction and control in the performance of their functions under this Act.. ele ation. 1 The Ombudsman may in writing delegate to a senior public officer of his staff on conditions as he determines any of his functions under this Act e cept for the preparation of a statement of account in accordance with section 25 or preparation and delivery of a a special report under section 19 and b an annual report under section 26. 2 Delegation does not relieve the Ombudsman of his accountability under this Act.. m d man and ta to maintain ecrec. 1 The Ombudsman and every person appointed or engaged under paragraph 6 shall maintain secrecy in respect of all matters that come to their knowledge in the e ercise of their functions under this Act e cept any disclosure for the purposes of a an investigation and any report under this Act b proceedings or possible proceedings for an offence of perjury under section 22 3 c reference to an appropriate authority under sections 14 2 and 17 2 a d proceedings or possible proceedings or an offence under section 27. SECOND SCHEDULE Section 10 Matters Not S ect to In estigation 1. Proceedings before any court. 2. Any action which relates to or affects national security or orders or directions to the Defence Force or members thereof or any proceedings under the Defence Act Ch. 2 ). 3. Action taken by or with the authority of the Attorney General or any other Minister the Director of Public Prosecutions or Commissioner of Police for the purposes of investigating crime or protecting the security of the Page 22 OMBUDSMAN ACT 2024 Commonwealth of The Bahamas including action taken with respect to passports. 4. Any action take by the Minister responsible for foreign affairs relating to the e tradition of a person. 5. Any action or advice of a ualified medical practitioner or consultant involving the e ercise of professional or clinical judgment. 6. Matters relating to the grant of li uor licences. 7. Matters relating to the regulation of public utilities. 8. Any function of the Minister under the Immigration Act or the regulations made thereunder. 9. Any decision or action of the Governor General udicial and Legal Service Commission Public Service Commission Public Service Board of Appeal and Police Service Commission relating to the appointment removal or disciplinary control of any person. 10. The grant of honours and awards under the National Honours Act 2016 No. of 20 ). 11. Any action relating to or affecting the terms and conditions to which pensions or gratuities are payable. Page 23