{"kind":"expression","expression":{"expr_id":"260","doc_id":"260","label":"2018 Revision","is_as_enacted":"f","commenced_on":"2018-03-16","superseded_on":null,"valid_from":"2018-03-16","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2003\/18\/eng@2018-03-16","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2003\/18\", \"expression\": \"\/akn\/ky\/act\/2003\/18\/eng@2018-03-16\", \"manifestation\": \"\/akn\/ky\/act\/2003\/18\/eng@2018-03-16.pdf\"}, \"pdf\": {\"md5\": \"d61ccb1a3f9134243d16e3b3e1a80724\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.pdf\", \"pages\": 18, \"filename\": \"2003-0018_2018 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 4753, \"paragraph_count\": 26, \"text_char_count\": 31507}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Complaints Maladministration Law SCHEDULE MATTERS NOT SUBJECT TO INVESTIGATION Complaints Maladministration Law (2018 Revision) COMPLAINTS MALADMINISTRATION LAW (2018 Revision) ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Complaints (Maladministration) Law (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In this Law \u2014 \u201ccomplaint\u201d means a complaint made under this Law; \u201cgovernment entity\u201d includes a government Ministry, government company, government department, government portfolio, statutory board or authority; \u201cgovernment company\u201d means \u2014 (a) a company in which the Government has a controlling interest; and (b) in respect of each such company, includes all subsidiary entities of the company; \u201cGovernor\u201d means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under section 31 of Schedule 2 to The Cayman Islands Constitution Order 2009 [U.K.S.I. 2009\/1379], and to the extent to which a Deputy appointed under section 34 of Schedule 2 to The Cayman Islands Constitution Order 2009 is authorised to act, that Deputy; \u201cinvestigation\u201d means an investigation under this Law; Complaints Maladministration Law \u201cmaladministration\u201d means inefficient, bad or improper administration and includes \u2014 (a) unreasonable conduct including delay; (b) abuse of any power (including any discretionary power) or authority including any action which \u2014 (i) is unreasonable, unjust, oppressive or improperly discriminatory or which is in accordance with a practice which is or may be unreasonable, unjust, oppressive or improperly discriminatory; or (ii) was based wholly or partly on a mistake of law or fact; and (c) unreasonable, unjust, oppressive or improperly discriminatory procedures; \u201cOmbudsman\u201d means the person appointed by the Governor under section 3 of the Ombudsman Law, 2017 [Law 23 of 2017]; \u201cperson\u201d includes any corporation, either aggregate or sole, and any club, society, association or other body, of one or more persons; \u201cperson aggrieved\u201d means the person who claims or is alleged to have sustained an injustice in consequence of maladministration in connection with any action taken by any government entity to which this Law applies; and \u201cprescribed\u201d means prescribed by regulations made under this Law. (2) Nothing in this Law authorises or requires the Ombudsman to question the merits of a decision taken without maladministration by a government entity in the exercise of a discretion vested in that government entity. (3) A complaint under this Law shall not be made in respect of matters which arose before the 15th December, 2003.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Repealed 3. Repealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repealed 4. Repealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Repealed 5. Repealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Repealed 6. Repealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017]. Complaints Maladministration Law (2018 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repealed 7. Repealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Appointment of mediators 8. (1) The Ombudsman may, from time to time, appoint \u2014 (a) mediators for the purposes of section 12; and (b) professional or technical advisers to assist him in the performance of his functions. (2) Persons appointed under subsection (1) shall be paid such fees as the Cabinet may approve.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Government entities subject to investigation 9. (1) Subject as herein, this Law applies to all government entities. (2) Any reference herein to a government entity to which this Law applies includes a reference to the Ministers, members or public officers of that government entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Powers of investigation 10. (1) The purpose of an investigation by the Ombudsman shall be to ascertain whether injustice has been caused by improper, unreasonable or inadequate administrative conduct on the part of any government entity subject to this Law. (2) In investigating any matter leading to, resulting from or connected with a decision of a Minister, the Ombudsman shall not inquire into or question the policy of the Minister in accordance with which the decision was made. (3) The Ombudsman may investigate any course of conduct or anything done or omitted by any person in the exercise of administrative functions respecting any business of the government not being functions concerned with any action or matter set out in Schedule 2. (4) The Cabinet may, by notice published in the Gazette, amend Schedule 2 so as to exclude from that Schedule such actions and matters as may be described in the notice. (5) An investigation by the Ombudsman shall not be prevented by any enactment other than the Constitution to the effect, howsoever expressed, that any matter or thing shall be final and conclusive or shall not be disputed, reviewed or called in question. Complaints Maladministration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Conditions of investigation 11. (1) The Ombudsman shall not make an investigation without first receiving a written complaint unless he is of the opinion or the Legislative Assembly resolves that there are reasons of special importance which makes investigation by the Ombudsman desirable in the public interest. (2) Except as provided herein, the Ombudsman shall not conduct an investigation in respect of \u2014 (a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law; or (b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any court of law. (3) Notwithstanding subsection (2), the Ombudsman may conduct an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to resort or have resorted to it. (4) In determining whether to initiate, continue or discontinue an investigation, the Ombudsman shall, subject to subsections (1) to (3), act in accordance with his own discretion and any question whether a complaint is duly made shall be determined by the Ombudsman. (5) The Ombudsman may refuse to investigate any matter on the ground that it is trivial, that the complaint is frivolous or vexatious or not made in good faith or that the complainant has not a sufficient interest therein. (6) If any question arises whether the Ombudsman is empowered to make an investigation or to exercise any power under this Law, the Ombudsman may, if he thinks fit, apply to the Grand Court, which may determine the question by declaratory order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Dealing with complaints by mediation 12. (1) The Ombudsman may decide to deal with a complaint by mediation under this section if he is of the opinion, having regard to all the circumstances of the case, that the subject matter of the complaint involves only minor maladministration. (2) The Ombudsman shall appoint, in accordance with section 8, such person as he thinks fit to be a mediator in any mediation. (3) The Ombudsman shall not participate in any mediation. (4) Participation in the mediation by the complainant and the relevant government entity is voluntary, and any party may withdraw at any time. (5) The mediator may terminate the mediation at any time. Complaints Maladministration Law (2018 Revision) (6) Where an attempt to deal with a complaint by mediation under this section is unsuccessful \u2014 (a) the complainant is to be treated as if the mediation had not taken place; and (b) the mediator is excluded from participating as an investigating officer in any subsequent investigation of the complaint. (7) Anything said or admitted during mediation and any document prepared for the purposes of such mediation shall not be admissible in evidence \u2014 (a) in any subsequent investigation of the complaint concerned unless the person who said or admitted the thing or to whom the document relates consents to its admission; or (b) against any person in any court, at any inquiry or in any other proceedings, and no evidence in respect of the mediation may be given against any person. (8) Nothing in this section prevents a complaint from being dealt with otherwise than in accordance with this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Provisions relating to complaints 13. (1) A complaint may be made by any person but not a person who is \u2014 (a) a body constituted for purposes of the public service or of government or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking; or (b) any other authority or body whose members are appointed by the Government or by a government entity, or whose revenues consist wholly or mainly of moneys provided by Government. (2) Where the person by whom a complaint might have been made has died or is for any reason unable to act for himself, the complaint may be made by the personal representative of his estate or by a member of his family or other individual suitable to represent him, but except as provided in this Law a complaint shall not be entertained unless made by the person aggrieved himself. (3) A complaint shall not be entertained unless it is properly made not later than twelve months from the day on which the person aggrieved first had notice of the matters alleged in the complaint, 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. (4) A complaint shall not be entertained unless the person aggrieved is ordinarily resident in the Islands (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the Islands on a ship or aircraft registered in the Islands, or in Complaints Maladministration Law relation to rights or obligations which accrued or arose in the Islands or on such ship or aircraft. (5) A written complaint by any person shall set out in detail the circumstances which allegedly gave rise to the complaint.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Procedure in respect of investigation 14. (1) Where the Ombudsman proposes to conduct an investigation pursuant to a complaint he shall afford to the principal officer of the government entity concerned, and to any person who is alleged in the complaint to have taken or authorised the action complained of, an opportunity to comment on any allegations contained in the complaint. (2) Every such investigation shall be conducted in private, but except as herein provided the procedure for conducting an investigation shall be such as the Ombudsman considers appropriate in the circumstances of the case; and in particular the Ombudsman may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented, by his attorney-at-law or otherwise, in the investigation. (3) No person shall be entitled as of right to be consulted or heard by the Ombudsman except in the manner provided herein. (4) The Ombudsman may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or furnishes information for the purposes of an investigation under this Law \u2014 (a) sums in respect of expenses properly incurred by them; or (b) allowances by way of compensation for the loss of their time, in such amounts and subject to such conditions as may be prescribed. (5) The conduct of an investigation shall not affect any action taken by the government entity concerned, or any power or duty of that government entity, to take further action with respect to any matters subject to the investigation; but where the person aggrieved has been removed from the Islands under the Immigration Law (2015 Revision) or other enabling legislation he shall, if the Ombudsman so directs, be permitted to re-enter and remain in the Islands, subject to such conditions as the Governor may direct, for the purposes of the investigation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Evidence 15. (1) For the purposes of an investigation, the Ombudsman may require any Minister, officer or member of the government entity concerned, or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. Complaints Maladministration Law (2018 Revision) (2) Subject as herein, for the purposes of any such investigation the Ombudsman shall have the same powers as the Grand Court in respect of the attendance and examination of witnesses (including the administration of oaths or affirmations and the examination of witnesses abroad) and in respect of the production of documents. (3) Subject to a specific declaration to the contrary by the Governor acting in his discretion, no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Government service, whether imposed by any law or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation under this Law; and subject as aforesaid, Government shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence to the Ombudsman as is allowed by law in legal proceedings. (4) No person shall be required or authorised by virtue of this Law to furnish any information or answer any question relating to proceedings of Cabinet or of any committee of Cabinet or to produce so much of any document as relates to such proceedings, and for the purposes of this subsection a certificate issued by the Governor and certifying that any information, question, document or part of a document so relates shall be conclusive. (5) Subject to subsection (3), no person shall be compelled for the purposes of an investigation under this Law to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the Grand Court. (6) The Governor shall not be compelled for the purposes of an investigation under this Law to give any evidence before the Ombudsman. (7) Subject to this section, no information, answer, documents or thing shall be withheld from the Ombudsman on the ground that its disclosure would be contrary to the public interest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Provision for secrecy of information 16. (1) Information obtained by the Ombudsman or his officers in the course of or for the purposes of an investigation shall not be disclosed except \u2014 (a) for the purposes of the investigation and of any report to be made on the investigation; (b) for the purposes of proceedings (or possible proceedings) for an offence of perjury connected with an investigation; or (c) for the purposes of any proceedings under section 15, Complaints Maladministration Law and the Ombudsman and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation. (2) The Governor, acting in his discretion, may give notice in writing to the Ombudsman with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Governor, acting in his discretion, the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the Islands or otherwise contrary to the public interest; and where such a notice is given nothing herein shall be construed as authorising or requiring the Ombudsman or any of his officers to communicate to any person for any purpose any document or information specified in the notice or any document or information of a class so specified.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Obstruction and contempt 17. (1) If any person, without lawful excuse, obstructs the Ombudsman or any of his officers in the performance of his functions, or is guilty of any act or omission in relation to any investigation under this Law which, if that investigation were a proceeding in the Grand Court, would constitute contempt of court, the Ombudsman may certify the offence to the Grand Court. (2) Where an offence is certified under this section, the Grand Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the Grand Court could deal with him if he had committed a contempt of the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Procedure after investigation 18. (1) After conducting an investigation, the Ombudsman shall inform the principal officer of the government entity concerned of the result of that investigation, and if the Ombudsman is of the opinion that the person aggrieved has sustained injustice in consequence of a fault in the administration of that government entity, he shall inform such officer of the reason for that opinion and may, if he thinks fit, make recommendations for action to be taken by the government entity, as the case may be, within a specified time. (2) Recommendations made by the Ombudsman under subsection (1) may include all or any of the following \u2014 (a) that the action which was the subject matter of the complaint be reviewed; (b) that an enactment, rule or regulation which causes or may cause injustice, be altered; or Complaints Maladministration Law (2018 Revision) (c) that compensation be made to the person aggrieved. (3) Where the Ombudsman has made a recommendation under subsection (1) and, within the time specified or a reasonable time thereafter, he is of the opinion that no adequate action has been taken to remedy the injustice, he shall lay before the Legislative Assembly a special report on the case. (4) The Ombudsman, prior to laying a special report under subsection (3), shall provide the Governor with a copy of such report. (5) The Ombudsman shall not, in any report under subsection (3), comment adversely on any person unless he has given that person an opportunity to be heard. (6) Where the Ombudsman is of the opinion that \u2014 (a) the person aggrieved has sustained any such injustice as is mentioned herein, he shall inform that person of his opinion, the nature of the injustice sustained and the recommendation, if any, which has been made to remedy the injustice, and may make any comments in relation to the case as he thinks fit; and (b) the person aggrieved has suffered no injustice, he shall inform that person of that opinion and the reasons therefor and may make such comments in relation to the case as he thinks fit. (7) Where the Ombudsman makes an investigation on his own initiative or pursuant to a resolution of the Legislative Assembly he shall make a report thereupon to the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Disciplinary actions against officers 19. If the Ombudsman finds, during the conduct of his investigations or on conclusion of such investigations, that there is evidence of a breach of duty, misconduct or a criminal offence on the part of an officer of any government entity, he shall refer the matter to the person or body of persons competent to take such disciplinary or other proceeding as may be appropriate against that officer and in all such cases shall lay a special report before the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Reports by Ombudsman 20. (1) The Ombudsman shall annually lay before the Legislative Assembly, a general report on the performance of his functions and may, from time to time, lay before the Legislative Assembly such other reports with respect to those functions as he thinks fit. (2) The Ombudsman may lay before the Legislative Assembly reports on the inequitable or unreasonable nature or operation of any enactment or rule of law. Complaints Maladministration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Appeals restricted 21. No proceeding of the Ombudsman may be held bad for want of form and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman conducted or taken in good faith is liable to be challenged, reviewed, quashed or called in question in any court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Privileged communications 22. For the purposes of the law of defamation \u2014 (a) any communications 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 the Grand Court; (b) any report of the Ombudsman shall be deemed to be authorised to be published by the Legislative Assembly; and (c) any communication between the Ombudsman and a member of the Legislative Assembly and the Speaker of the Legislative Assembly for the purposes of the Ombudsman\u2019s functions shall be deemed to be a proceeding of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Regulations 23. (1) The Cabinet may make regulations for the administration of this Law and for prescribing anything required to be prescribed under this Law. (2) Regulations shall be subject to affirmative resolution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Expenses 24. All expenses incurred by the Ombudsman in connection with his functions shall be defrayed out of moneys voted for the purpose by the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Transitional provisions 25. (1) On the operative date, the post of  Complaints Commissioner is abolished and the assets, liabilities, property and contracts of the office of the Complaints Commissioner, together with all functions and powers required to ensure the effectiveness and continuity of regulation, are transferred to the Ombudsman. (2) Every matter commenced under the Complaints Commissioner Law (2014 Revision) and partly dealt with by the Complaints Commissioner on the operative date, is to be continued and dealt with in all respects under this Law and the provisions of this Law are to apply accordingly. (3) Regulations which relate to the functions or powers of the Complaints Commissioner and which are in force on the day preceding the operative date, shall continue to apply to the Ombudsman on and after the operative date, with all necessary changes being made, as if made under this Law. Complaints Maladministration Law (2018 Revision) (4) On and after the operative date, a reference to the Complaints Commissioner in any other Law or in any document shall be read and construed as a reference to the Ombudsman. (5) All things lawfully made or done under the Complaints Commissioner Law (2014 Revision) shall continue in force on and after the operative date and shall be deemed to have been made or done under this Law. (6) In this section \u2014 \u201cComplaints Commissioner\u201d means the person appointed as such under section 3 of the Complaints Commissioner Law (2014 Revision); \u201cthis Law\u201d means the Complaints (Maladministration) Law (2018 Revision); \u201cOmbudsman\u201d means the person appointed by the Governor under section 3 of the Ombudsman Law, 2017 [Law 23 of 2017]; and \u201coperative date\u201d means the 17th January, 2018, the date of commencement of the Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017]. Complaints Maladministration Law (2018 Revision) SCHEDULE SCHEDULE (section 9) MATTERS NOT SUBJECT TO INVESTIGATION 1. Action taken in matters certified by the Governor to affect relations or dealings between the Government of the Islands and any other Government or any international organisation of States or Governments. 2. Action taken in matters certified by the Governor to affect defence, external affairs or internal security. 3. Action taken by or with the authority of the Director of Public Prosecutions, the Commissioner of Police, the Chief Immigration Officer or the Collector of Customs for the purposes of investigating crime or of protecting the security of the Islands, including action so taken with respect to passports. 4. Action taken in connection with the Governor\u2019s power of pardon under section 39 of the Constitution. 5. The commencement or conduct of civil or criminal proceedings before any court of law in the Islands. 6. Action taken in respect of appointments or removals, pay, discipline, or other personal matters in relation to \u2014 (a) service in any office or employment under the Government; or (b) service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in the Government. 7. Action taken by the Director of Public Prosecutions in connection with the exercise or possible exercise of his power under the Constitution to institute, undertake, take over, continue or discontinue criminal proceedings before any court of law in the Islands. 8. Legal advice given by or on behalf of the Attorney General or the Director of Public Prosecutions to the Government or to any public body. 9. Action taken by the Auditor General in connection with the exercise or possible exercise of his power under the constitution or otherwise. 10. Action taken by the appropriate authority in connection with the exercise or possible exercise of the authority\u2019s power under any Mutual Legal Assistance arrangement, including extradition. SCHEDULE Complaints Maladministration Law 11. Action taken in matters relating to contractual or other commercial transactions, being transactions of a Ministry, department or statutory authority not being transactions relating to \u2014 (a) the acquisition of land compulsorily or in circumstances in which it can be acquired compulsorily; or (b) the disposal of surplus land acquired compulsorily or in circumstances in which it could be acquired compulsorily. 12. Any action which, by virtue of the Constitution, may not be enquired into by any court. 13. Any judicial function not specifically excluded by paragraphs 1 to 12. Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. 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2003-1st October, 2003\nLaw 29 of 2005-9th November, 2005\nLaw 19 of 2012-31st August, 2012\nLaw 26 of 2017-27th March, 2017.\n\nConsolidated and revised this 28th day of February, 2018.\n\nNote (not forming part of the Law): This revision replaces the Complaints\nCommissioner Law (2014 Revision) which should now be discarded.\n\nComplaints Maladministration Law (2018 Revision)\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 3\n\nCAYMAN ISLANDS\n\nCOMPLAINTS MALADMINISTRATION LAW\n(2018 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nRepealed ...................................................................................................................................6\n4.\nRepealed ...................................................................................................................................6\n5.\nRepealed ...................................................................................................................................6\n6.\nRepealed ...................................................................................................................................6\n7.\nRepealed ...................................................................................................................................7\n8.\nAppointment of mediators ..........................................................................................................7\n9.\nGovernment entities subject to investigation ..............................................................................7\n10.\nPowers of investigation ..............................................................................................................7\n11.\nConditions of investigation .........................................................................................................8\n12.\nDealing with complaints by mediation ........................................................................................8\n13.\nProvisions relating to complaints ................................................................................................9\n14.\nProcedure in respect of investigation ....................................................................................... 10\n15.\nEvidence .................................................................................................................................. 10\n16.\nProvision for secrecy of information ......................................................................................... 11\n17.\nObstruction and contempt ........................................................................................................ 12\n18.\nProcedure after investigation ................................................................................................... 12\n19.\nDisciplinary actions against officers ......................................................................................... 13\n20.\nReports by Ombudsman .......................................................................................................... 13\n21.\nAppeals restricted .................................................................................................................... 14\n22.\nPrivileged communications ...................................................................................................... 14\n23.\nRegulations ............................................................................................................................. 14\n24.\nExpenses ................................................................................................................................. 14\n25.\nTransitional provisions ............................................................................................................. 14\n\nArrangement of Sections\nComplaints Maladministration Law\n\nPage 4\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE\n17\nMATTERS NOT SUBJECT TO INVESTIGATION\n17\n\nComplaints Maladministration Law (2018 Revision)\nSection 1\n\nc\nRevised as at 28th day of February, 2018\nPage 5\n\nCAYMAN ISLANDS\n\nCOMPLAINTS MALADMINISTRATION LAW\n(2018 Revision)\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Law may be cited as the Complaints (Maladministration) Law (2018 Revision).\n2.\nDefinitions\n2.\n(1) In this Law \u2014\n\u201ccomplaint\u201d means a complaint made under this Law;\n\u201cgovernment entity\u201d includes a government Ministry, government company,\ngovernment department, government portfolio, statutory board or authority;\n\u201cgovernment company\u201d means \u2014\n(a)\na company in which the Government has a controlling interest; and\n(b) in respect of each such company, includes all subsidiary entities of the\ncompany;\n\u201cGovernor\u201d means the person for the time being holding the office of\nGovernor of the Islands, and includes any person for the time being lawfully\nperforming the functions of that office under section 31 of Schedule 2 to The\nCayman Islands Constitution Order 2009 [U.K.S.I. 2009\/1379], and to the\nextent to which a Deputy appointed under section 34 of Schedule 2 to The\nCayman Islands Constitution Order 2009 is authorised to act, that Deputy;\n\u201cinvestigation\u201d means an investigation under this Law;\n\nSection 3\nComplaints Maladministration Law\n\nPage 6\nRevised as at 28th day of February, 2018\nc\n\n\u201cmaladministration\u201d means inefficient, bad or improper administration and\nincludes \u2014\n(a)\nunreasonable conduct including delay;\n(b) abuse of any power (including any discretionary power) or authority\nincluding any action which \u2014\n(i)\nis unreasonable, unjust, oppressive or improperly discriminatory or\nwhich is in accordance with a practice which is or may be\nunreasonable, unjust, oppressive or improperly discriminatory; or\n(ii) was based wholly or partly on a mistake of law or fact; and\n(c)\nunreasonable,\nunjust,\noppressive\nor\nimproperly\ndiscriminatory\nprocedures;\n\u201cOmbudsman\u201d means the person appointed by the Governor under section 3\nof the Ombudsman Law, 2017 [Law 23 of 2017];\n\u201cperson\u201d includes any corporation, either aggregate or sole, and any club,\nsociety, association or other body, of one or more persons;\n\u201cperson aggrieved\u201d means the person who claims or is alleged to have\nsustained an injustice in consequence of maladministration in connection with\nany action taken by any government entity to which this Law applies; and\n\u201cprescribed\u201d means prescribed by regulations made under this Law.\n(2) Nothing in this Law authorises or requires the Ombudsman to question the\nmerits of a decision taken without maladministration by a government entity in\nthe exercise of a discretion vested in that government entity.\n(3) A complaint under this Law shall not be made in respect of matters which\narose before the 15th December, 2003.\n3.\nRepealed\n3.\nRepealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017\n[Law 26 of 2017].\n4.\nRepealed\n4.\nRepealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017\n[Law 26 of 2017].\n5.\nRepealed\n5.\nRepealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017\n[Law 26 of 2017].\n6.\nRepealed\n6.\nRepealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017\n[Law 26 of 2017].\n\nComplaints Maladministration Law (2018 Revision)\nSection 7\n\nc\nRevised as at 28th day of February, 2018\nPage 7\n\n7.\nRepealed\n7.\nRepealed by section 4 of the Complaints Commissioner (Amendment) Law, 2017\n[Law 26 of 2017].\n8.\nAppointment of mediators\n8.\n(1) The Ombudsman may, from time to time, appoint \u2014\n(a)\nmediators for the purposes of section 12; and\n(b) professional or technical advisers to assist him in the performance of his\nfunctions.\n(2) Persons appointed under subsection (1) shall be paid such fees as the Cabinet\nmay approve.\n9.\nGovernment entities subject to investigation\n9.\n(1) Subject as herein, this Law applies to all government entities.\n(2) Any reference herein to a government entity to which this Law applies\nincludes a reference to the Ministers, members or public officers of that\ngovernment entity.\n10.\nPowers of investigation\n10. (1) The purpose of an investigation by the Ombudsman shall be to ascertain\nwhether injustice has been caused by improper, unreasonable or inadequate\nadministrative conduct on the part of any government entity subject to\nthis Law.\n(2) In investigating any matter leading to, resulting from or connected with a\ndecision of a Minister, the Ombudsman shall not inquire into or question the\npolicy of the Minister in accordance with which the decision was made.\n(3) The Ombudsman may investigate any course of conduct or anything done or\nomitted by any person in the exercise of administrative functions respecting\nany business of the government not being functions concerned with any action\nor matter set out in Schedule 2.\n(4) The Cabinet may, by notice published in the Gazette, amend Schedule 2 so as\nto exclude from that Schedule such actions and matters as may be described in\nthe notice.\n(5) An investigation by the Ombudsman shall not be prevented by any enactment\nother than the Constitution to the effect, howsoever expressed, that any matter\nor thing shall be final and conclusive or shall not be disputed, reviewed or\ncalled in question.\n\nSection 11\nComplaints Maladministration Law\n\nPage 8\nRevised as at 28th day of February, 2018\nc\n\n11.\nConditions of investigation\n11. (1) The Ombudsman shall not make an investigation without first receiving a\nwritten complaint unless he is of the opinion or the Legislative Assembly\nresolves that there are reasons of special importance which makes\ninvestigation by the Ombudsman desirable in the public interest.\n(2) Except as provided herein, the Ombudsman shall not conduct an investigation\nin respect of \u2014\n(a)\nany action in respect of which the person aggrieved has or had a right of\nappeal, reference or review to or before a tribunal constituted by or under\nany law; or\n(b) any action in respect of which the person aggrieved has or had a remedy\nby way of proceedings in any court of law.\n(3) Notwithstanding subsection (2), the Ombudsman may conduct an investigation\nnotwithstanding that the person aggrieved has or had such a right or remedy if\nsatisfied that in the particular circumstances it is not reasonable to expect him\nto resort or have resorted to it.\n(4) In determining whether to initiate, continue or discontinue an investigation, the\nOmbudsman shall, subject to subsections (1) to (3), act in accordance with his\nown discretion and any question whether a complaint is duly made shall be\ndetermined by the Ombudsman.\n(5) The Ombudsman may refuse to investigate any matter on the ground that it is\ntrivial, that the complaint is frivolous or vexatious or not made in good faith or\nthat the complainant has not a sufficient interest therein.\n(6) If any question arises whether the Ombudsman is empowered to make an\ninvestigation or to exercise any power under this Law, the Ombudsman may, if\nhe thinks fit, apply to the Grand Court, which may determine the question by\ndeclaratory order.\n12.\nDealing with complaints by mediation\n12. (1) The Ombudsman may decide to deal with a complaint by mediation under this\nsection if he is of the opinion, having regard to all the circumstances of the\ncase, that the subject matter of the complaint involves only minor\nmaladministration.\n(2) The Ombudsman shall appoint, in accordance with section 8, such person as\nhe thinks fit to be a mediator in any mediation.\n(3) The Ombudsman shall not participate in any mediation.\n(4) Participation in the mediation by the complainant and the relevant government\nentity is voluntary, and any party may withdraw at any time.\n(5) The mediator may terminate the mediation at any time.\n\nComplaints Maladministration Law (2018 Revision)\nSection 13\n\nc\nRevised as at 28th day of February, 2018\nPage 9\n\n(6) Where an attempt to deal with a complaint by mediation under this section is\nunsuccessful \u2014\n(a)\nthe complainant is to be treated as if the mediation had not taken\nplace; and\n(b) the mediator is excluded from participating as an investigating officer in\nany subsequent investigation of the complaint.\n(7) Anything said or admitted during mediation and any document prepared for\nthe purposes of such mediation shall not be admissible in evidence \u2014\n(a)\nin any subsequent investigation of the complaint concerned unless the\nperson who said or admitted the thing or to whom the document relates\nconsents to its admission; or\n(b) against any person in any court, at any inquiry or in any other\nproceedings,\nand no evidence in respect of the mediation may be given against any person.\n(8) Nothing in this section prevents a complaint from being dealt with otherwise\nthan in accordance with this section.\n13.\nProvisions relating to complaints\n13. (1) A complaint may be made by any person but not a person who is \u2014\n(a)\na body constituted for purposes of the public service or of government or\nfor the purposes of carrying on under national ownership any industry or\nundertaking or part of an industry or undertaking; or\n(b) any other authority or body whose members are appointed by the\nGovernment or by a government entity, or whose revenues consist\nwholly or mainly of moneys provided by Government.\n(2) Where the person by whom a complaint might have been made has died or is\nfor any reason unable to act for himself, the complaint may be made by the\npersonal representative of his estate or by a member of his family or other\nindividual suitable to represent him, but except as provided in this Law a\ncomplaint shall not be entertained unless made by the person aggrieved\nhimself.\n(3) A complaint shall not be entertained unless it is properly made not later than\ntwelve months from the day on which the person aggrieved first had notice of\nthe matters alleged in the complaint, but the Ombudsman may conduct an\ninvestigation pursuant to a complaint not made within that period if he\nconsiders that there are special circumstances which make it proper to do so.\n(4) A complaint shall not be entertained unless the person aggrieved is ordinarily\nresident in the Islands (or, if he is dead, was so resident at the time of his\ndeath) or the complaint relates to action taken in relation to him while he was\npresent in the Islands on a ship or aircraft registered in the Islands, or in\n\nSection 14\nComplaints Maladministration Law\n\nPage 10\nRevised as at 28th day of February, 2018\nc\n\nrelation to rights or obligations which accrued or arose in the Islands or on\nsuch ship or aircraft.\n(5) A written complaint by any person shall set out in detail the circumstances\nwhich allegedly gave rise to the complaint.\n14.\nProcedure in respect of investigation\n14. (1) Where the Ombudsman proposes to conduct an investigation pursuant to a\ncomplaint he shall afford to the principal officer of the government entity\nconcerned, and to any person who is alleged in the complaint to have taken or\nauthorised the action complained of, an opportunity to comment on any\nallegations contained in the complaint.\n(2) Every such investigation shall be conducted in private, but except as herein\nprovided the procedure for conducting an investigation shall be such as the\nOmbudsman considers appropriate in the circumstances of the case; and in\nparticular the Ombudsman may obtain information from such persons and in\nsuch manner, and make such inquiries, as he thinks fit, and may determine\nwhether any person may be represented, by his attorney-at-law or otherwise, in\nthe investigation.\n(3) No person shall be entitled as of right to be consulted or heard by the\nOmbudsman except in the manner provided herein.\n(4) The Ombudsman may, if he thinks fit, pay to the person by whom the\ncomplaint was made and to any other person who attends or furnishes\ninformation for the purposes of an investigation under this Law \u2014\n(a)\nsums in respect of expenses properly incurred by them; or\n(b) allowances by way of compensation for the loss of their time,\nin such amounts and subject to such conditions as may be prescribed.\n(5) The conduct of an investigation shall not affect any action taken by the\ngovernment entity concerned, or any power or duty of that government entity,\nto take further action with respect to any matters subject to the investigation;\nbut where the person aggrieved has been removed from the Islands under the\nImmigration Law (2015 Revision) or other enabling legislation he shall, if the\nOmbudsman so directs, be permitted to re-enter and remain in the Islands,\nsubject to such conditions as the Governor may direct, for the purposes of the\ninvestigation.\n15.\nEvidence\n15. (1) For the purposes of an investigation, the Ombudsman may require any\nMinister, officer or member of the government entity concerned, or any other\nperson who, in his opinion, is able to furnish information or produce\ndocuments relevant to the investigation to furnish any such information or\nproduce any such document.\n\nComplaints Maladministration Law (2018 Revision)\nSection 16\n\nc\nRevised as at 28th day of February, 2018\nPage 11\n\n(2) Subject as herein, for the purposes of any such investigation the Ombudsman\nshall have the same powers as the Grand Court in respect of the attendance and\nexamination of witnesses (including the administration of oaths or affirmations\nand the examination of witnesses abroad) and in respect of the production of\ndocuments.\n(3) Subject to a specific declaration to the contrary by the Governor acting in his\ndiscretion, no obligation to maintain secrecy or other restriction upon the\ndisclosure of information obtained by or furnished to persons in Government\nservice, whether imposed by any law or by any rule of law, shall apply to the\ndisclosure of information for the purposes of an investigation under this Law;\nand subject as aforesaid, Government shall not be entitled in relation to any\nsuch investigation to any such privilege in respect of the production of\ndocuments or the giving of evidence to the Ombudsman as is allowed by law\nin legal proceedings.\n(4) No person shall be required or authorised by virtue of this Law to furnish any\ninformation or answer any question relating to proceedings of Cabinet or of\nany committee of Cabinet or to produce so much of any document as relates to\nsuch proceedings, and for the purposes of this subsection a certificate issued\nby the Governor and certifying that any information, question, document or\npart of a document so relates shall be conclusive.\n(5) Subject to subsection (3), no person shall be compelled for the purposes of an\ninvestigation under this Law to give any evidence or produce any document\nwhich he could not be compelled to give or produce in civil proceedings\nbefore the Grand Court.\n(6) The Governor shall not be compelled for the purposes of an investigation\nunder this Law to give any evidence before the Ombudsman.\n(7) Subject to this section, no information, answer, documents or thing shall be\nwithheld from the Ombudsman on the ground that its disclosure would be\ncontrary to the public interest.\n16.\nProvision for secrecy of information\n16. (1) Information obtained by the Ombudsman or his officers in the course of or for\nthe purposes of an investigation shall not be disclosed except \u2014\n(a)\nfor the purposes of the investigation and of any report to be made on the\ninvestigation;\n(b) for the purposes of proceedings (or possible proceedings) for an offence\nof perjury connected with an investigation; or\n(c)\nfor the purposes of any proceedings under section 15,\n\nSection 17\nComplaints Maladministration Law\n\nPage 12\nRevised as at 28th day of February, 2018\nc\n\nand the Ombudsman and his officers shall not be called upon to give evidence\nin any proceedings (other than such proceedings as aforesaid) of matters\ncoming to his or their knowledge in the course of an investigation.\n(2) The Governor, acting in his discretion, may give notice in writing to the\nOmbudsman with respect to any document or information specified in the\nnotice, or any class of documents or information so specified, that in the\nopinion of the Governor, acting in his discretion, the disclosure of that\ndocument or information, or of documents or information of that class, would\nbe prejudicial to the safety of the Islands or otherwise contrary to the public\ninterest; and where such a notice is given nothing herein shall be construed as\nauthorising or requiring the Ombudsman or any of his officers to communicate\nto any person for any purpose any document or information specified in the\nnotice or any document or information of a class so specified.\n17.\nObstruction and contempt\n17. (1) If any person, without lawful excuse, obstructs the Ombudsman or any of his\nofficers in the performance of his functions, or is guilty of any act or omission\nin relation to any investigation under this Law which, if that investigation were\na proceeding in the Grand Court, would constitute contempt of court, the\nOmbudsman may certify the offence to the Grand Court.\n(2) Where an offence is certified under this section, the Grand Court may inquire\ninto the matter and, after hearing any witnesses who may be produced against\nor on behalf of the person charged with the offence, and after hearing any\nstatement that may be offered in defence, deal with him in any manner in\nwhich the Grand Court could deal with him if he had committed a contempt of\nthe court.\n18.\nProcedure after investigation\n18. (1) After conducting an investigation, the Ombudsman shall inform the principal\nofficer of the government entity concerned of the result of that investigation,\nand if the Ombudsman is of the opinion that the person aggrieved has\nsustained injustice in consequence of a fault in the administration of that\ngovernment entity, he shall inform such officer of the reason for that opinion\nand may, if he thinks fit, make recommendations for action to be taken by the\ngovernment entity, as the case may be, within a specified time.\n(2) Recommendations made by the Ombudsman under subsection (1) may include\nall or any of the following \u2014\n(a)\nthat the action which was the subject matter of the complaint be\nreviewed;\n(b) that an enactment, rule or regulation which causes or may cause injustice,\nbe altered; or\n\nComplaints Maladministration Law (2018 Revision)\nSection 19\n\nc\nRevised as at 28th day of February, 2018\nPage 13\n\n(c)\nthat compensation be made to the person aggrieved.\n(3) Where the Ombudsman has made a recommendation under subsection (1) and,\nwithin the time specified or a reasonable time thereafter, he is of the opinion\nthat no adequate action has been taken to remedy the injustice, he shall lay\nbefore the Legislative Assembly a special report on the case.\n(4) The Ombudsman, prior to laying a special report under subsection (3), shall\nprovide the Governor with a copy of such report.\n(5) The Ombudsman shall not, in any report under subsection (3), comment\nadversely on any person unless he has given that person an opportunity to be\nheard.\n(6) Where the Ombudsman is of the opinion that \u2014\n(a)\nthe person aggrieved has sustained any such injustice as is mentioned\nherein, he shall inform that person of his opinion, the nature of the\ninjustice sustained and the recommendation, if any, which has been made\nto remedy the injustice, and may make any comments in relation to the\ncase as he thinks fit; and\n(b) the person aggrieved has suffered no injustice, he shall inform that\nperson of that opinion and the reasons therefor and may make such\ncomments in relation to the case as he thinks fit.\n(7) Where the Ombudsman makes an investigation on his own initiative or\npursuant to a resolution of the Legislative Assembly he shall make a report\nthereupon to the Legislative Assembly.\n19.\nDisciplinary actions against officers\n19. If the Ombudsman finds, during the conduct of his investigations or on conclusion\nof such investigations, that there is evidence of a breach of duty, misconduct or a\ncriminal offence on the part of an officer of any government entity, he shall refer the\nmatter to the person or body of persons competent to take such disciplinary or other\nproceeding as may be appropriate against that officer and in all such cases shall lay\na special report before the Legislative Assembly.\n20.\nReports by Ombudsman\n20. (1) The Ombudsman shall annually lay before the Legislative Assembly, a general\nreport on the performance of his functions and may, from time to time, lay\nbefore the Legislative Assembly such other reports with respect to those\nfunctions as he thinks fit.\n(2) The Ombudsman may lay before the Legislative Assembly reports on the\ninequitable or unreasonable nature or operation of any enactment or rule\nof law.\n\nSection 21\nComplaints Maladministration Law\n\nPage 14\nRevised as at 28th day of February, 2018\nc\n\n21.\nAppeals restricted\n21. No proceeding of the Ombudsman may be held bad for want of form and, except on\nthe ground of lack of jurisdiction, no proceeding or decision of the Ombudsman\nconducted or taken in good faith is liable to be challenged, reviewed, quashed or\ncalled in question in any court.\n22.\nPrivileged communications\n22. For the purposes of the law of defamation \u2014\n(a)\nany communications made by or to the Ombudsman for the purposes of a\ncomplaint or investigation shall be privileged in the same manner as if it\nwere made in the course of proceedings in the Grand Court;\n(b) any report of the Ombudsman shall be deemed to be authorised to be\npublished by the Legislative Assembly; and\n(c)\nany communication between the Ombudsman and a member of the\nLegislative Assembly and the Speaker of the Legislative Assembly for\nthe purposes of the Ombudsman\u2019s functions shall be deemed to be a\nproceeding of the Legislative Assembly.\n23.\nRegulations\n23. (1) The Cabinet may make regulations for the administration of this Law and for\nprescribing anything required to be prescribed under this Law.\n(2) Regulations shall be subject to affirmative resolution.\n24.\nExpenses\n24. All expenses incurred by the Ombudsman in connection with his functions shall be\ndefrayed out of moneys voted for the purpose by the Legislative Assembly.\n25.\nTransitional provisions\n25. (1) On the operative date, the post of  Complaints Commissioner is abolished and\nthe assets, liabilities, property and contracts of the office of the Complaints\nCommissioner, together with all functions and powers required to ensure the\neffectiveness and continuity of regulation, are transferred to the Ombudsman.\n(2) Every matter commenced under the Complaints Commissioner Law (2014\nRevision) and partly dealt with by the Complaints Commissioner on the\noperative date, is to be continued and dealt with in all respects under this Law\nand the provisions of this Law are to apply accordingly.\n(3) Regulations which relate to the functions or powers of the Complaints\nCommissioner and which are in force on the day preceding the operative date,\nshall continue to apply to the Ombudsman on and after the operative date, with\nall necessary changes being made, as if made under this Law.\n\nComplaints Maladministration Law (2018 Revision)\nSection 25\n\nc\nRevised as at 28th day of February, 2018\nPage 15\n\n(4) On and after the operative date, a reference to the Complaints Commissioner\nin any other Law or in any document shall be read and construed as a\nreference to the Ombudsman.\n(5) All things lawfully made or done under the Complaints Commissioner Law\n(2014 Revision) shall continue in force on and after the operative date and\nshall be deemed to have been made or done under this Law.\n(6) In this section \u2014\n\u201cComplaints Commissioner\u201d means the person appointed as such under\nsection 3 of the Complaints Commissioner Law (2014 Revision);\n\u201cthis Law\u201d means the Complaints (Maladministration) Law (2018 Revision);\n\u201cOmbudsman\u201d means the person appointed by the Governor under section 3\nof the Ombudsman Law, 2017 [Law 23 of 2017]; and\n\u201coperative date\u201d means the 17th January, 2018, the date of commencement of\nthe Complaints Commissioner (Amendment) Law, 2017 [Law 26 of 2017].\n\nComplaints Maladministration Law (2018 Revision)\nSCHEDULE\n\nc\nRevised as at 28th day of February, 2018\nPage 17\n\n SCHEDULE\n(section 9)\n\nMATTERS NOT SUBJECT TO INVESTIGATION\n1.\nAction taken in matters certified by the Governor to affect relations or dealings\nbetween the Government of the Islands and any other Government or any\ninternational organisation of States or Governments.\n2.\nAction taken in matters certified by the Governor to affect defence, external affairs\nor internal security.\n3.\nAction taken by or with the authority of the Director of Public Prosecutions, the\nCommissioner of Police, the Chief Immigration Officer or the Collector of Customs\nfor the purposes of investigating crime or of protecting the security of the Islands,\nincluding action so taken with respect to passports.\n4.\nAction taken in connection with the Governor\u2019s power of pardon under section 39\nof the Constitution.\n5.\nThe commencement or conduct of civil or criminal proceedings before any court of\nlaw in the Islands.\n6.\nAction taken in respect of appointments or removals, pay, discipline, or other\npersonal matters in relation to \u2014\n(a)\nservice in any office or employment under the Government; or\n(b) service in any office or employment, or under any contract for services,\nin respect of which power to take action, or to determine or approve the\naction to be taken, in such matters is vested in the Government.\n7.\nAction taken by the Director of Public Prosecutions in connection with the exercise\nor possible exercise of his power under the Constitution to institute, undertake, take\nover, continue or discontinue criminal proceedings before any court of law in the\nIslands.\n8.\nLegal advice given by or on behalf of the Attorney General or the Director of Public\nProsecutions to the Government or to any public body.\n9.\nAction taken by the Auditor General in connection with the exercise or possible\nexercise of his power under the constitution or otherwise.\n10. Action taken by the appropriate authority in connection with the exercise or possible\nexercise of the authority\u2019s power under any Mutual Legal Assistance arrangement,\nincluding extradition.\n\nSCHEDULE\nComplaints Maladministration Law\n\nPage 18\nRevised as at 28th day of February, 2018\nc\n\n11. Action taken in matters relating to contractual or other commercial transactions,\nbeing transactions of a Ministry, department or statutory authority not being\ntransactions relating to \u2014\n(a)\nthe acquisition of land compulsorily or in circumstances in which it can\nbe acquired compulsorily; or\n(b) the disposal of surplus land acquired compulsorily or in circumstances in\nwhich it could be acquired compulsorily.\n12. Any action which, by virtue of the Constitution, may not be enquired into by any\ncourt.\n13. Any judicial function not specifically excluded by paragraphs 1 to 12.\n\nPublication in consolidated and revised form authorised by the Cabinet this 13th\nday of March, 2018.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:31:57.909902+00","cms_id":"2003-0018","law_type":"principal","year":"2003","number":"18","title":"Complaints (Maladministration) Act","status":"in_force"},"provenance":{"files":[{"file_id":"5133","expr_id":"260","kind":"akn_xml","filename":"2003-0018_2018 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.akn.xml","content_md5":"1f97d977fe2dc5c72f8173b5772c2ba7","byte_size":"31762","http_last_modified":null,"fetched_at":"2026-06-22 15:31:58.313859+00"},{"file_id":"519","expr_id":"260","kind":"pristine_pdf","filename":"2003-0018_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.pdf","content_md5":"d61ccb1a3f9134243d16e3b3e1a80724","byte_size":"417059","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.34834+00"},{"file_id":"520","expr_id":"260","kind":"working_pdf","filename":"2003-0018_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0018\/2003-0018_2018 Revision.pdf","content_md5":"d61ccb1a3f9134243d16e3b3e1a80724","byte_size":"417059","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.34834+00"}],"paragraph_count":17,"latest_history":null},"quality":{"expr_id":"260","doc_id":"260","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly complete but shows abrupt truncation in definitions and stray 'c' characters likely indicating OCR noise; recommend full text review for completeness and cleaning of artifacts.","assessed_at":"2026-06-22 15:29:44.944848+00","updated_at":"2026-06-22 15:29:44.944848+00"}}