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OMBUDSMAN ACT 1989

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Dictionary  
  • 2A Notes  
  • 2B Offence against Act—application of Criminal Code etc  
  • 3 Entities not necessarily prescribed authorities  
  • 3A Conduct by person taken as conduct by administrative unit  
  • 3B Conduct by person taken as conduct by prescribed authority  
  • 3C Application of Act—National Electricity (ACT) Law  

PART 2--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF OMBUDSMAN

Division 2.1--Establishment and functions

  • 4 Establishment of office of ombudsman  
  • 4A Officer of the Legislative Assembly  
  • 4B Independence of ombudsman  
  • 4C Functions—generally  
  • 5 Functions—investigating complaints under Act  
  • 6 Discretion not to investigate certain complaints  
  • 6A Discretion to refer complaint to another statutory  
  • 6B Mandatory referral of complaints to other entities  
  • 7 Complaints  
  • 8 Preliminary inquiries  
  • 9 Investigations  
  • 10 Arrangements with another ombudsman  
  • 11 Power to obtain information and documents  
  • 12 Unreasonable delay in exercising power  
  • 13 Referring questions to ACAT  
  • 14 Powers of Supreme Court  
  • 15 Complainant and agency to be informed  
  • 16 Power to examine witnesses  
  • 17 Power to enter premises  

Division 2.2--Monitoring police compliance with Crimes (Child Sex Offenders) Act 2005

  • 17A What is the child sex offenders register?  
  • 17B Police to give ombudsman reasonable assistance  
  • 17C Power to enter police premises  

Division 2.2A--Reportable conduct

  • 17D Definitions—div 2.2A  
  • 17E Meaning of reportable conduct—div 2.2A  
  • 17EA Meaning of designated entity—div 2.2A  
  • 17EAA Meaning of head of a designated entity—div 2.2A  
  • 17EAB Meaning of reportable allegation—div 2.2A  
  • 17EAC Meaning of employee—div 2.2A  
  • 17EB Designated entity to have practices and procedures to deal with reportable  
  • 17F Ombudsman must monitor designated entity  
  • 17G Designated entity must report to ombudsman  
  • 17H Information may be disclosed to ombudsman  
  • 17I Ombudsman may monitor investigation  
  • 17J Designated entity must report outcome of investigation  
  • 17K Ombudsman may conduct own investigation  
  • 17L Investigation information may be disclosed to child, parent and carer  
  • 17M Ombudsman may give information to commissioner for fair trading  
  • 17N Human rights commission may give information to ombudsman  
  • 17O Protection of disclosures made under this division  
  • 17P Offence—false allegation  

Division 2.3--Reports

PART 3--CONDITIONS OF SERVICE, AND STAFF, OF OMBUDSMAN

Division 3.1--Ombudsman

  • 22 Appointment  
  • 23 Tenure of office  
  • 24 Terms of appointment  
  • 24A Oath or affirmation of office  
  • 24B Disclosure of interests  
  • 24C Ombudsman must not do inconsistent work etc  
  • 25 Leave of absence  
  • 27 Retirement  
  • 28 Resignation  
  • 28A Suspension—generally  
  • 28B Suspension—relevant Assembly committee notice and meetings  
  • 28C Suspension—ending suspension  
  • 28D Ending of appointment  
  • 29 Acting appointment  

Division 3.2--Staff

  • 30 Ombudsman's staff  
  • 30AA Arrangements for staff and facilities  
  • 30AB Contractors and consultants  
  • 30A Direction to ombudsman's staff  

PART 4--MISCELLANEOUS

  • 31 Ombudsman not to be sued  
  • 32 Delegation by ombudsman  
  • 33 Officers to observe confidentiality  
  • 34 Disclosure of information by ombudsman  
  • 34A Ombudsman may disclose child safety information  
  • 35 Failing to comply with requirement under Act  
  • 36 Protection from civil actions  
  • 37 Determination of fees and witness expenses etc  
  • 37A Assistance for Speaker  
  • 38 Regulation-making power  
  • DICTIONARY ENDNOTES

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