Annexes
In its instructions for the Ombudsman, the Storting may
establish:
a) whether specific public institutions or enterprises
shall be regarded as belonging to the public administration or a part of the services of the state, the
municipalities or the county authorities under this
Act,
b) that certain parts of the activity of a public agency or
a public institution shall fall outside the sphere of the
Ombudsman’s responsibility.
section 43, second paragraph, of the Courts of Justice Act.
The court hearings are not open to the public.
Section 8. Access to premises, places of
service, etc
The Ombudsman is entitled to access to places of
service, offices and other premises of any administrative
agency and any enterprise that comes within his sphere
of responsibility.
Section 9. Access to documents and duty of
confidentiality
Section 5. Basis for action
The Ombudsman may consider cases either in response
to a complaint or on his own initiative.
Section 6. Further provisions regarding
complaints and time limits for complaints
Any person who believes he has been subjected to injustice by the public administration may bring a complaint
to the Ombudsman.
Any person who is deprived of his personal freedom is
entitled to complain to the Ombudsman in a sealed letter.
A complaint shall state the name of the complainant
and must be submitted not later than one year after
the administrative action or matter complained of was
committed or ceased. If the complainant has brought the
matter before a higher administrative agency, the time
limit runs from the date on which this authority renders
its decision.
The Ombudsman will decide whether a complaint provides sufficient grounds for dealing with the matter.
The Ombudsman’s case documents are public. The
Ombudsman will make the final decision on whether
a document is to be wholly or partially exempt from
access. Further rules, including on the right to exempt
documents from access, will be provided in the instructions to the Ombudsman.
The Ombudsman has a duty of confidentiality as regards
information concerning matters of a personal nature
to which he becomes party to during the course of his
duties. The duty of confidentiality also applies to information concerning operational and commercial secrets,
and information that is classified under the Security Act
or the Protection Instructions. The duty of confidentiality continues to apply after the Ombudsman has left his
position. The same duty of confidentiality applies to his
staff and others who provide assistance.
Section 10. Completion of the Ombudsman’s
procedures in a case
The Ombudsman is entitled to express his opinion on
matters within his sphere of responsibility.
The Ombudsman may require public officials and all
others engaged in the service of the public administration to provide him with such information as he
needs to discharge his duties. As the national preventive
mechanism, the Ombudsman has a corresponding right
to require information from persons in the service of
private institutions such as are mentioned in section 4,
first paragraph, second sentence. To the same extent he
may require that minutes/records and other documents
are produced.
The Ombudsman may call attention to errors that have
been committed or negligence that has been shown in
the public administration. If he finds sufficient reason
for so doing, he may inform the prosecuting authority
or appointments authority of what action he believes
should be taken in this connection against the official
concerned. If the Ombudsman concludes that a decision
must be considered invalid or clearly unreasonable or
that it clearly conflicts with good administrative practice, he may express this opinion. If the Ombudsman
believes that there is reasonable doubt relating to factors
of importance in the case, he may make the appropriate
administrative agency aware of this.
The Ombudsman may require the taking of evidence by
the courts of law, in accordance with the provisions of
If the Ombudsman finds that there are circumstances
that may entail liability to pay compensation, he may,
Section 7. Right to information
Norway’s National Preventive Mechanism – Annual Report 2014
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