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Act concerning the Storting's Ombudsman for Public Administration of 22 June 1962, amended by Acts of 22 March 1968,
8 February 1980,
§ 1. Election of Ombudsman After each General Election the Storting shall elect an Ombudsman for Public Administration, the Civil Ombudsman. The Election is for a period of four years reckoned from 1 January of the year following the General Election. The Ombudsman must satisfy the qualifications prescribed for a Supreme Court Justice. He must not be a member of the Storting. If the Ombudsman dies or becomes unable to discharge his duties, the Storting shall elect a new Ombudsman for the remaining period of office. The same applies if the Ombudsman relinquishes his office, or if the Storting decides by a majority of at least two thirds of the votes cast to deprive him of his office. If the Ombudsman is temporarily prevented by illness or for other reasons from discharging his duties, the Storting may elect an acting Ombudsman to serve during the period of absence. In the event of absence up to 3 months the Ombudsman may empower the Head of Division to act in his place. If the Presidium of the Storting should deem the acting Ombudsman to be disqualified to deal with a particular matter, it shall appoint a substitute Ombudsman to deal with the said matter. § 2. Directive The Storting shall issue a general directive for the functions of the
Ombudsman. Apart from this the Ombudsman shall discharge his duties autonomously
and independently of the Storting. § 3. Purpose The task of the Ombudsman is, as the Storting's representative and in the manner prescribed in this Act and in the Directive to him, to endeavour to ensure that injustice is not committed against the individual citizen by the public administration. § 4. Scope of powers The scope of the Ombudsman's powers embraces the public administration and all engaged in its service. Nevertheless, his powers do not include: a) matters on which the Storting or Odelsting has adopted a standpoint, b) decisions adopted by the King in Council of State, c) the functions of the Courts of Law, d) the activities of the Auditor General, e) matters which, as prescribed by the Storting, come under the Ombudsman's Board or the Ombudsman for National Defence and the Ombudsman's Board or the Ombudsman for Civilian Conscripts, f) decisions which, as provided by law, may only be adopted by the municipal council or the county council itself, unless the decision is adopted by the municipal board of aldermen, county board of aldermen, standing committees, the municipal executive board or the county executive board in accordance with § 13 of Act no. 107 of 25 September 1992 concerning Municipalities and County Municipalities. A decision such as referred to here may nevertheless be investigated by the Ombudsman on his own initiative if he considers that regard for the rule of law or other special reasons so indicate. The Storting may stipulate in its Directive to the Ombudsman: a) whether a particular public institution or enterprise shall be regarded as public administration or a part of the state's, the municipalities' or the countv municipalities' service according to this Act, b) that certain parts of the activity of a public agency or a public institution shall fall outside the scope of the Ombudsman's powers. § 5. Basis for the work The Ombudsman may deal with matters either following a complaint or on his own initiative.
§ 6. Details regarding complaints and time limit for complaints Any person who believes he has sustained an injustice from 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 closed letter. The complaint shall mention the name of the complainant and must be submitted not later than one year after the administrative action or circumstance which is complained of was committed or ceased. If the complainant has brought the matter before a higher administrative agency, the time limit shall be reckoned from the date on which this authority renders its decision. The Ombudsman shall decide whether there are sufficient grounds for dealing with a complaint. § 7. Right to obtain information The Ombudsman may demand from public officials and from all others who serve in the public administration such information as he requires to discharge his duties. To the same extent he may demand that minutes/records and other documents be produced. The rules in §§ 204-209 of the Civil Disputes Act shall apply correspondingly to the Ombudsman's right to demand information. The Ombudsman may request the taking of evidence by the Courts of Law, in accordance with § 43 second paragraph of the Courts of Justice Act. The court hearings shall not be open to the public. § 8. Access to offices in the public administration The Ombudsman shall have access to places of work, offices and other premises of any administrative agency and any enterprise which come under the scope of his powers. § 9. Pledge of secrecy Unless otherwise provided with respect to his duties under this Act, the Ombudsman is subject to pledge of secrecy as regards information which comes to his knowledge in the course of his duties regarding circumstances which are not generally known. Information on industrial or trade secrets shall under no circumstances be made public. The pledge of secrecy shall also remain in effect after the Ombudsman's retirement from office. The same pledge of secrecy is incumbent upon his staff. The Storting may prescribe specific rules in the Directive to the Ombudsman regarding the extent to which the Ombudsman's case documents shall be made public. § 10. Termination of a complaints case The Ombudsman is entitled to express his opinion on matters which come under the scope of his powers. The Ombudsman may point out that an error has been committed or that negligence has been shown in the public administration. If he finds sufficient reason for doing so, he may inform the prosecuting authority or appointments authority what action he believes should be taken in the particular case against the official concerned. If the Ombudsman concludes that a decision rendered must be considered invalid or clearly unreasonable, or that it clearly conflicts with good administrative practice, he may say so. If the Ombudsman believes that there is justifiable doubt regarding factors of importance in the case, he may draw the attention of the appropriate administrative agency thereto. If the Ombudsman finds that there are circumstances which may lead to liability for damages, he may, depending on the situation, suggest that damages should be paid. The Ombudsman may let the matter rest when the error has been rectified or the explanation has been given. The Ombudsman shall notify the complainant and others involved in the case of the outcome of his handling of the case. He may also notify the superior administrative agency concerned. The Ombudsman himself shall decide whether, and if so
in what manner, he shall inform the public of his handling of a case. § 11. Notification of shortcomings in statutory law and in administrative practice If the Ombudsman becomes aware of shortcomings in statutory
law, administrative regulations or administrative practice, he may notify
the Ministry concerned to this effect. § 12. Report to the Storting The Ombudsman shall submit an annual report on his activities to the Storting. The report shall be printed and published. If the Ombudsman becomes aware of negligence or errors
of major significance or scope he may make a special report to the Storting
and to the appropriate administrative agency. § 13. Pay, pension, other business The Ombudsman's pay and pension shall be determined by the Storting. The same applies to remuneration for the acting Ombudsman appointed in accordance with § 1 fourth paragraph first sentence. The remuneration for an acting Ombudsman appointed according to the fourth paragraph second sentence may be determined by the Storting's Presidium. The Ombudsman must not hold any public or private appointment
or office without the consent of the Storting. § 14. Staff The staff of the Ombudsman's office shall be appointed by the Storting's Presidium upon the recommendation of the Ombudsman or, in pursuance of a decision of the Presidium, by an appointments board. Temporary appointments of up to 6 months shall be made by the Ombudsman. The Presidium shall lay down specific rules regarding the appointments procedure and regarding the composition of the board. The pay of the staff shall be fixed in the same manner as for the staff of the Storting.
§ 15. 1. This Act shall enter into force --- In Chap. IV of the amending Act of 8 February l98O it is provided that: «The amendments shall enter into force on the date decided by the Storting.» On 19 February 1980 the Storting set 1 March 1980 as the date of entry into force of the amending Act.
Directive to the Storting's Ombudsman for Public Administration Laid down by the Storting 19 February 1980 in pursuance of § 2 of the Ombudsman Act.
§ 1. Purpose (Re § 3 of the Ombudsman Act) The Storting's Ombudsman for Public Administration - the Civil Ombudsman
- shall endeavour to ensure that injustice is not committed against the
individual citizen by the public administration and that civil servants
and other persons employed or involved in public administration service
do not commit errors or fail to carry out their duties. § 2. Scope of powers (Re § 3 of the Ombudsman Act) The scope of the Ombudsman's powers embraces the public administration and all engaged in its service with the exceptions prescribed in § 4 of the Act. The Select Committee of the Storting for the Scrutiny of the Intelligence Services shall not be regarded as part of the public administration pursuant to the Ombudsman Act. The Ombudsman shall not investigate complaints concerning the Intelligence Services which has been examined by the Select Committee of the Storting for the Scrutiny of the Intelligence Services. The exception laid down for the functions of the Courts of Law in accordance
with the first paragraph litra c) of § 4 of the Act also embraces decisions
which may be brought before a court by means of a complaint, an appeal
or some other legal remedy. § 3. The form and basis of a complaint (Re § 6 of the Ombudsman Act) A complaint may be brought directly before the Ombudsman. It should be made in writing and be signed by the complainant or someone acting on his behalf. If the complaint is made orally to the Ombudsman, he shall ensure that it is immediately set up in writing and signed by the complainant. The complainant should as far as possible give the grounds on which the
complaint is based and submit evidence and other documents relating to
the case. § 4. Exceeding the time limit for complaints (Re § 6 of the Ombudsman Act) If the time limit pursuant to § 6 of the Act - one year - is exceeded,
this sbould represent no hindrance to the Ombudsman taking the matter
up on his own initiative. § 5. Terms and conditions for complaints proceedings If a complaint is made against a decision which the complainant has a right to submit for review before a superior agency of the public administration, the Ombudsman shall not deal with the complaint unless he finds special grounds for taking the matter up immediately. The Ombudsman shall advise the complainant of the right he has to have the decision reviewed through administrative channels. If the complainant cannot have the decision reviewed because he has exceeded the time limit for complaints, the Ombudsman shall decide whether he, in view of the circumstances, shall nevertheless deal with the complaint. If the complaint concerns other matters which can be brought before a higher authority of the public administration or before a special supervisory agency, the Ombudsman should advise the complainant to take the matter up with the authority concerned or himself submit the case to such authority unless the Ombudsman finds special reason for taking the matter up himself immediately. The provisions in the first and second paragraphs are not applicable if the King is the only complaints instance open to the complainant.
§ 6. Investigation of complaints (Re §§ 7 and 8 of the Ombudsman Act) A complaint which the Ombudsman takes up for closer investigation shall usually be brought before the administrative agency or the public official involved in the complaint. The same applies to subsequent statements and information from the complainant. The relevant administrative agency or public official shall always be given the opportunity to make a statement before the Ombudsman expresses his opinion as mentioned in the second and third paragraphs of § 10 of the Ombudsman Act. The Ombudsman decides what steps should be taken to clarify the facts of the case. He may obtain such information as he deems necessary in accordance with the provisions of § 7 of the Ombudsman Act and may set a time limit for complying with an injunction to provide information or submit documentation etc. He may also undertake specific investigations at the administrative agency or enterprise to which the complaint relates, cf. § 8 of the Ombudsman Act. The complainant has a right to acquaint himself with statements and information given in the complaints case, unless he is not entitled thereto under the applicable rules for the administrative agency concerned. If the Ombudsman deems it necessary on special grounds, he may obtain statements from experts.
§ 7. Notification to the complainant if a case is not proceeded upon (Re § 6 fourth paragraph of the Ombudsman Act) If the Ombudsman finds that there are no grounds for proceeding upon a complaint, the complainant shall immediately be notified to this effect. As far as possible the Ombudsman should advise him of any other channel of complaint which may exist or himself refer the case to the correct authority.
§ 8. Cases taken up on own initiative (Re § 5 of the Ombudsman Act) If the Ombudsman finds reason to do so, he may undertake a closer investigation on his own initiative concerning administrative proceedings, decisions or other matters. The provisions in the first, second and fourth paragraphs of § 6 shall apply correspondingly to such investigations.
§ 9. Termination of the Ombudsman's proceedings (Re § 10 of the Ombudsman Act) The Ombudsman shall personally express his views in all incoming cases which follow a complaint or which he takes up on his own initiative. He may nevertheless authorize the Head of Division to terminate cases which must obviously be rejected. The Ombudsman expresses his views in a statement where he gives his opinion on the questions relating to the case and coming under the scope of his powers, cf. § 10 of the Ombudsman Act. § 10. Instructions for the staff (Re § 2 of the Ombudsman Act) The Ombudsman shall issue specific instructions for his staff. He may authorize his office staff to undertake the necessary preparations of cases to be dealt with. § 11. Pledge of secrecy in reports to the public Restrictions on the right to give information pursuant to § 12 third paragraph, shall apply correspondingly in reports to the public under § 10 sixth paragraph of the Ombudsman Act. § 12. Annual report to the Storting (Re § 12 of the Ombudsman Act) The annual report of the Ombudsman to the Storting shall be submitted by 1 April each year and shall cover the Ombudsman's activities during the period 1 January - 31 December of the previous year. The report shall contain a survey of the proceedings in the individual case which the Ombudsman feels is of general interest and shall mention those cases where he has drawn attention to shortcomings in statutory law, administrative regulations or administrative practice or has made a special report in accordance with § 12 second paragraph of the Ombudsman Act. If the Ombudsman has found that the complaint is without foundation, neither the complainant's nor the public official's name shall be mentioned in the report. If the Ombudsman finds reason to do so, he may also in other cases omit names. The report must not contain information on industrial or trade secrets. The Ombudsman shall also ensure that information subject to the pledge of secrecy does not appear in the report. Any description of cases where the Ombudsman has expressed his opinion as mentioned in § 10 second, third and fourth paragraphs of the Ombudsman Act, shall contain an account of what the administrative agency or public official has stated in respect of the complaint, cf. § 6 first paragraph third sentence.
§ 13. Entry into force This Directive shall enter into force 1 March 1980. From the same date the Storting's Directive for the Ombudsman of 8 June 1968 is repealed.
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