What We Cannot Investigate

Complaints > What We Cannot Investigate

If the complaint concerns a Government policy that was made by the Cabinet or a Minister, the Commissioner cannot look into the policy, although he may investigate how it is administered or applied to people. He also is not allowed to investigate a matter in which, in general, the complainant can get a civil remedy in court, but he may investigate such a matter if he considers that in this particular case it would not be reasonable for the person complaining to take court action.

The Act prevents the Commissioner from investigating any complaint where the law provides a body or tribunal to which one can appeal an unfavourable decision and the complainant has not used the appeal avenue provided.

Employment matters within Government or a public body would also not come within the Commissioner's authority, nor would action taken by the proper authorities to investigate crime or protect national security. The Commissioner may not investigate complaints to do with courts, judges or magistrates. Complaints having to do with the Attorney General, the Director of Public Prosecutions or the Auditor General in pursuance of their constitutionally appointed duties are outside of his jurisdiction, as are those relating to proceedings in Cabinet or the House of Assembly.

The Commissioner may not investigate corruption in a Government department or a public authority, but if he comes across evidence of corruption he must inform the Governor.