Brochure · Constitution & Commissions Secretariat

Did you know?

Fourteen facts about the Complaints Commission.

Published
April 2022
From
Constitution & Commissions Secretariat
  • The Complaints Commission was established by the Montserrat Constitution Order of 2010.

  • The Commission is administered by the Constitution & Commissions Secretariat of the Office of the Legislature.

  • The Commission comprises a Chairman and two other members, appointed by the Governor on the advice of Cabinet.

  • At least one member of the Commission must be an attorney-at-law of at least fifteen years’ standing at the bar.

  • The Commission may, on its own initiative, investigate any matter where a person or group has or may have suffered an injustice through maladministration, a breach of a human right, or as prescribed by any other law.

  • The Commission’s powers of investigation are the same as those of a High Court, although it is not bound by the rules of the court.

  • Its investigative powers include the power to summon witnesses and to require confidential documents relating to complaints.

  • In the public interest, the Commission may start or continue an investigation even if the complainant withdraws the complaint.

  • Where maladministration is found, the Commission may make recommendations aimed at improving the public service.

  • Members of the Commission are persons of high public standing with a reputation for personal integrity.

  • Any person alleging maladministration in the public service, or the breach of a human right, may make a report to the Commission.

  • If its recommendations are not complied with, the Commission may submit a special report on the matter to the Governor.

  • A complaint is made on forms provided by the Secretariat of the Commission.

  • No one has to pay a fee for the handling of a complaint, or for any mediation or investigation.

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