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ADMINISTRATIVE LAW NON-JUDICIAL REVIEW - Coggle Diagram
ADMINISTRATIVE LAW
NON-JUDICIAL REVIEW
OMBUDSMAN
Who?
An individual appointed to investigate any complaints against government
Purpose of Ombudsman
Mechanism to channel publics’ dissatisfaction and complaints.
Factors Contribute to
Establishment of Ombudsman
Courts have higher importance cases
Courts can only direct administrators to exercise their mandatory duties.
Cost of courts proceedings are higher
Characteristics of an Ideal Ombudsman
Legal officer
Must be established by the constitution
Has an authority to conduct investigations
Has the power to request & look at government's documents
Authorize to admonish & criticize the officer & relevant agency
Advantages of Ombudsman
Study all complaints and will investigate and probe into reasonable complaints
All reasonable complaints will be investigated. Complainant does not need to give complete statement when complaining.
Free of charge
Since complaints will not be publishes, Ombudsman are free to carry his duty secretly and free from any interruption.
Ombudsman has his lawyers
Have power to award remedy
Immediate or speed actions.
Free from any parties or influence.
All actions taken by Ombudsman are based on investigations.
Scope of
Ombudsman
Mechanism to channel publics’ dissatisfaction and complaints.
TRIBUNALS
Features
Free from administrative & makes decision fairly.
Decision made is decision of its panel.
Decision can be binding in other cases.
Proceedings are easier & more flexible.
Its existence is perpetual.
Reason for Growth
Increase in function and duty of the administrator.
Weakness of court & strength of the tribunal system.
The Frank Committee
Influenced the development of tribunal
in England
Concepts
Tribunal must be free & not influenced by administrative body
Not be part of administrative body
Conducted openly, freely & justly
Suggestions
Tribunal Chairperson & its members appointed by Lord Chancellor not by Ministers
Members of tribunal must possess law qualifications
A working committee to check the Tribunal’s constitution & management
Functions
To check the constitution & the working of a tribunal & from time to time make reports concerning the working of any tribunals
To consider & refer any matters related to other tribunals & the Council must be called to discuss before making any rules concerning tribunal
Types of Tribunals
Industrial Courts
Established under the Industrial Relations Act 1967
Hear disputes between employers and/or their associations & employee and/or their trade unions
Can avoid industrial actions
Special courts to enable workers to free themselves from unfair & inequitable contracts & obligations
Consists of:
i) President
ii) Employer representative
iii) Employee representative
iv) Neutral party
Income Tax Commissioner
(ITC)
Established under Chapter 2 Part VI Sch.5 of the Income Tax Act 1967
Has the power to call witness for question or cross-examine. Experts can also be called to testify
Proceedings can be carried out publicly & must comply with the rules of natural justice
Finance Minister has power to make regulations regarding the procedures to be followed
If the case is referred to the High Court, the judges will endorse, revoke or amend the evaluation made
Consists of 3 or more commissioners appointed by the YDPA
Public Inquiries
Law governing - Commission of Inquiry Act 1950
Investigations carried out in inquisitorial manner, not accusatorial. Higher authority will take actions based on report made
Purpose:
i) Collect evidence & ascertain facts before making decision.
ii) Enable the decision-maker to know the truth before making decisions.
iii) Investigate what happened.
iv) As a democratic process where public is allowed to voice opinions on any government proposal
Advantages of Tribunal System
Speed
Informal
Expertise
Cost
Freedom
Disadvantages of Tribunal System
Freedom is limited
There is still a connection with the administrative
The panels are not necessarily have a law qualifications, thus not trained as judges in court
Tribunal does not have to give reasons for all decisions made
Public Complaints Bureau
Objectives of Public
Complaints Bureau
To resolve complaints efficiently, fairly and effectively as promised in the PCB Client’s Charter.
To improve the rate of resolving complaints received from the public.
To provide and improve facilities for the public to lodge complaints.
To reduce repetitive complaints against the public services.
To introduce changes and innovations based on public complaints received.
To provide advisory services to agencies in order to improve the effectiveness of public complaints management system.
To detect issues that can lead to complaints made by the public.
To obtain a public opinion to ensure the success of the Governments’ development program
Permanent Committee of
Public Complaints (PCPC)
Structure
Chief Secretary to the Government (Chairman)
Director-General of the Public Service Department
Director-General of Malaysian Administrative Modernization & Management Planning Unit
Chief Commissioner of Malaysian Anti-Corruption Commission (MACC)
Senior Deputy Secretary-General of the Prime Minister’s Department
Functions &
Responsibilities
To formulate policies on a system of managing public complaints
To consider and make decisions on reports on public complaints by PCB
To direct chief/ heads of the authorities concerned to attend meetings of PCPC to explain specific complaints or cases
To direct authorities concerned to take remedial action of the complaints
Administrative
Powers
Request and obtain information
Check files and related documents
Seek an explanation from officers concerned