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ROLE AND PURPOSE OF THE PUBLIC DEFENDER
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Established in 1978, the Office of the Parlimentary Ombudsman was created to investigate and remedy complaints made by members of the public, of bad adminiistration by the Jamaican Government, or its agencies or departments, while carrying out its function.
The Public Defender Act was passed in Jamaica in 1999, coming into effect April 16, 2000, repealing the Ombudsman Act and replacing the Office of the Parlimentary Ombudsman with the Office of the Public Defender with additional jurisdiction to investigate circumstances where it is alleged that a person's Constitutional rights have been violated.
A Complainant does not have to be a citizen of Jamaica or live in Jamaica but the matter complained about must have occured in Jamaica.
Bad administration can be:
- When a service takes longer to be provided than it should;
- When service is not conducted in the right and proper manner;
- When persons are not treated fairly;
- When rules are not followed;
- When faulty systems are used.
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WHAT THE PUBLIC DEFENDER CANNOT DO
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The Public Defender cannot look into your complaint if you are complaining about:
- The was in which a court case is being handled or has been handled. or
- Any action done with respect to orders or directions to the Jamaica Defence Force or members thereof, or any proceedings under the Defence Act;
- A case in which the Minister of Justice is trying to extradite a person because of a crime he has committed;
- Any decision of a Service Commission which deals with the discipline of Government workers;
- Giving of honours, awards or special rights. These are given under the National Honours and Awards Act;
- The Governer-General's power to exercise mercy on a convict;
- An action that the Constitution says may not be investigated by a court of law.
It is only in special cases that the Public Defender may look into complaints about actions which can be handled by a court of law.
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