Standing Up for Fairness in Public Service

Section 9(1)(a) permits this in limited circumstances. A complaint is made by the aggrieved individual, but may be made on their behalf by a member of their family or other suitable person if the aggrieved individual is dead or unable to act for himself. So, you can complain for an elderly relative who lacks capacity, or for a minor child, where they cannot act for themselves. You cannot file a complaint on behalf of an adult who is perfectly capable of filing it themselves.

Section 9(1)(b) also allows a complaint to be made by a body of persons (incorporated or not), with exceptions for government-constituted bodies.

‎Yes. The Ordinance does not restrict complaints to BOTCs or Turks and Caicos Islanders. The relevant jurisdictional test is in section 11(1): a complaint can be investigated only if it relates to an action taken in relation to a person while present in the Islands (or on a TCI-registered ship or aircraft), or to rights or obligations that accrued or arose in the Islands. Nationality is not the gateway — presence in the jurisdiction and the location of the conduct complained of are.

No — not as private businesses. Section 3 limits the Ordinance's application to government departments, government boards, statutory bodies, and any other corporation or body "established by an Ordinance" or whose revenues or fees are authorised by the House of Assembly. An ordinary private bank, hotel, or business does not fall into any of these categories. For complaints against private businesses, you'd need to go to the relevant regulator (for example the Financial Services Commission for banks) or pursue civil remedies.

You can complain. Section 3(1)(c) expressly applies the Ordinance to "statutory bodies," and section 3(1)(d) extends it to any other corporation or body established by an Ordinance or whose revenues/fees are authorised by the House of Assembly. The Ports Authority and the Tourist Board are statutory bodies established by Ordinance, so they are within the Commissioner's jurisdiction in the same way a government department is. The only exclusions are those in Schedule 1: the Governor, Cabinet, House of Assembly, the Chief Justice and judges of the Supreme Court and Court of Appeal, the Magistrate, the Police, and the National Audit Office and its staff.

‎Generally, no, but there is a safety valve. Section 9(2)(b) requires that a complaint be made within one year from the day the complainant first had notice of the matters alleged. (Note: the OCC's public FAQ has referred to "24 months," but this appears to be inconsistent with the text of the 2018 revised Ordinance, which clearly says one year.) However, section 9(4) allows the Commissioner to investigate a late complaint if he considers that there are special circumstances which make it proper to do so. Section 11(2)(a) also gives the Commissioner discretion to decline a complaint where you knew of the matter more than a year before filing.

If your event is older than 12 months, you should still file — but you will need to explain the special circumstances (e.g., you only recently discovered the matter, you were incapacitated, you were pursuing another remedy) that justify the Commissioner accepting it out of time.

Anyone can complain, regardless of nationality or residency, as long as the maladministration happened in the Turks and Caicos Islands or affected rights that arose there. This includes citizens, residents, tourists, expat workers, and non-residents who dealt with a TCI government body. The test is where it happened, not who you are.

A complaint may be made:

• By an aggrieved individual

• On behalf of that individual by a family member or other suitable person, if the individual is deceased or unable to act for themselves

• By a body of persons, whether incorporated or not

There are no fees for filing a complaint and no legal representation is required.

Reference: Sections 9(1), 9(2), 11(1)