Duties and Powers of the Ombudsman

Duties and power of the Ombudsman are prescribed
in the Constitution of the Kingdom of Thailand (B.E. 2560 (2017)).

 

Section 230 The Ombudsmen have the duties and powers as follows: 

          (1) to recommend the relevant State agencies to revise any law, rule, regulations, rules or order or any operative procedure that causes grievance or unfairness or imposes an unnecessary or undue burden on the people;

          (2) to conduct fact-finding when it is found that there is a person affected by grievance or unfairness arisen from non-compliance with the law or ultra vires acts of a State agency or State officials in order to recommend the relevant State agencies to eliminate or deter such grievance or unfairness;

          (3) ) to submit the Council or Ministers for acknowledgement that a State agency has not yet correctly and completely complied with Chapter V Duties of the State.

          In the case where a relevant State agency has not implemented the recommendation of an Ombudsman under (1) or (2) without reasonable justification, the Ombudsman shall notify the Council of the Ministers to further consider the issuance of an order as deemed appropriate. 

          In proceeding under (1) or (2), if it is the case related to the human rights violation, the Ombudsmen shall refer to the National Human Rights Commission for further action.

 

Section 231 In the performance of duties under section 230, an Ombudsman may refer a matter to the Constitutional Court or the Administrative Court upon making a finding as follows; 

          (1) where any provision of law begs the question of the constitutionality, the matter shall be referred together with an opinion to the Constitutional Court; the Constitutional Court shall consider and render a decision without delay in accordance with the Organic Act on Procedure of the Constitutional Court;

          (2) where a rule, order or any other act of a State agency or a State official begs the question of the constitutionality or legality, the matter shall be referred to the delay in accordance with the law on establishment of Administrative Court and Administrative Court procedures.