ordinary meeting of council to be held on tuesday, 25 may 2010 at ...

elating <strong>to</strong> a matter <strong>of</strong> administration or conduct <strong>of</strong> Council staff, whereby
a person is, or may <strong>be</strong> aggrieved.
Those <strong>council</strong> staff investigated shall <strong>be</strong> bound by the Internal
Ombudsman’s recommendations, once the General Manager has
addressed them. Where the Internal Ombudsman has carried out an
investigation on <strong>be</strong>half <strong>of</strong> the Conduct Review Committee in<strong>to</strong> the conduct
<strong>of</strong> a Councillor or the General Manager, any findings made by the Internal
Ombudsman shall <strong>be</strong> referred directly <strong>to</strong> the Conduct Review Committee.
While it may <strong>be</strong> usual practice that a complainant should at first exhaust
the internal complaint procedures in place within Ku-ring-gai Council, the
Internal Ombudsman shall have the right <strong>to</strong> waive this requirement on a
case by case basis. The Internal Ombudsman shall have the right <strong>to</strong>
investigate any complaint or initiate any investigation without the need for
any prior consent <strong>of</strong> any person or body against whom the complaint is
made.
4.2 Limit on jurisdiction
Nothing in this part authorises the Internal Ombudsman <strong>to</strong> investigate a
decision or recommendation, an act done or omitted, or a procedure used
by Council, a committee <strong>of</strong> Council or a community committee, or a matter
where an adequate remedy or right <strong>of</strong> appeal exists, whether or not the
complainant uses it. Notwithstanding, matters <strong>of</strong> maladministration or
misconduct that have not, or are not likely <strong>to</strong> <strong>be</strong> addressed through the
remedy or right <strong>of</strong> appeal may <strong>be</strong> investigated by the Internal Ombudsman.
4.3 Questions as <strong>to</strong> jurisdiction
Where a question arises as <strong>to</strong> the jurisdiction <strong>of</strong> the Internal Ombudsman
<strong>to</strong> investigate a matter, the Internal Ombudsman may discuss the matter
with the General Manager and/or any expert as required, <strong>to</strong> determine the
question.
/6