Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• ACT
• body
• Commonwealth
• exercise
• function
• sitting day
• State
• the Territory.
"agency" means an administrative unit or a prescribed authority.
"authorised person" means a person appointed by the ombudsman to be an authorised person for the purposes of this Act.
"enactment" means an Act or subordinate law, but does not include the National Electricity (ACT) Law or National Electricity (ACT) Regulations.
"National Electricity (ACT) Law"—see the Electricity (National Scheme) Act 1997, section 5 (Application in ACT of National Electricity Law).
"officer" means—
(a) in relation to an administrative unit—
(i) a public servant (including the principal officer of that administrative unit) who is a member of that administrative unit; or
(ii) any other person (not being a Minister) authorised to exercise powers or perform functions on behalf of that administrative unit by the principal officer of that administrative unit; and
(b) in relation to a prescribed authority—
(i) the person who constitutes, or is acting as the person who constitutes, the authority; or
(ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; or
(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or
(iv) a person authorised by the authority to exercise any powers or perform any functions of the authority on behalf of the authority.
"ombudsman", of a State, includes a person exercising, under a law of a State, functions similar to the functions exercised by the ombudsman under part 2 (Establishment, functions, powers and duties of ombudsman).
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
"prescribed authority" means—
(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than—
(i) an incorporated company or association; or
(ii) a body that, under section 3 (1) (Entities not necessarily prescribed authorities) or the regulations, is not a prescribed authority for the purposes of this Act; or
(b) any other body, whether incorporated or unincorporated, that is declared by the regulations to be a prescribed authority for the purposes of this Act, being—
(i) a body established by the Executive or by a Minister; or
(ii) an incorporated company or association over which the Territory is in a position to exercise control; or
(c) subject to section 3 (2), the person holding, or performing the duties of, an office, other than the office of commissioner for the environment, established by an enactment; or
(d) a person holding, or performing the duties of, an office declared by the regulations to be an office the holder of which is a prescribed authority for the purposes of this Act, being an office created by the Executive or by a Minister otherwise than under an enactment; or
(e) a territory-owned corporation or a subsidiary within the meaning of the Territory-owned Corporations Act 1990.
"principal officer" means—
(a) in relation to an administrative unit—the chief executive of the administrative unit; or
(b) in relation to a prescribed authority—
(i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ia) in the case of a territory-owned corporation or a subsidiary within the meaning of the Territory-owned Corporations Act 1990—the chief executive officer of the corporation or subsidiary; or
(ii) in any other case—the person who constitutes that authority or a person acting in his or her office or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which the person is present or a person acting in his or her office.
"responsible Minister", in relation to an agency, means—
(a) subject to paragraphs (b) and (c), the Minister who is responsible for that agency; or
(b) in relation to a prescribed authority referred to in the definition of "prescribed authority", paragraph (c)—the Minister administering the enactment concerned; or
(c) in relation to a prescribed authority referred to in the definition of "prescribed authority", paragraph (b) or (d)—the Minister declared by the regulations to be the responsible Minister in respect of that authority;
or another Minister acting for and on behalf of that Minister.
"taking of action" includes—
(a) making a decision or recommendation; and
(b) formulating a proposal; and
(c) failing to—
(i) take an action; or
(ii) make a decision; or
(iii) make a recommendation; or
(iv) formulate a proposal.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
|
amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
|
dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
|
sub = substituted |
|
|
mod = modified/modification |
SL = Subordinate Law |
|
o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
This Act was originally a Commonwealth ordinance—the Ombudsman Ordinance 1989 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Legislation before becoming Territory enactment
Ombudsman Act 1989 No 45
notified 10 May 1989 (Gaz 1989 No S160)
commenced 11 May 1989 (s 2 and Gaz 1989 No S164)
as amended by
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164)
Legislation after becoming Territory enactment
Royal Commissions and Inquiries (Consequential Provisions) Act 1991 No 3 sch
notified 1 March 1991 (Gaz 1991 No S7)
s 1, s 2 commenced 1 March 1991 (s 2 (1))
sch commenced 1 May 1991 (s 2 (2))
Ombudsman (Amendment) Act 1993 No 38
notified 29 June 1993 (Gaz 1993 No S111)
commenced 1 July 1993 (s 2 and Gaz 1993 No S129)
Ombudsman (Amendment) Act (No 2) 1993 No 97
notified 24 December 1993 (Gaz 1993 No S267)
s 1, s 2 commenced 24 December 1993 (s 2 (1))
remainder (ss 3-6) commenced 24 June 1994 (s 2 (2))
Judicial Commissions (Consequential Amendments) Act 1994 No 10 s 8
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2))
Statute Law Revision Act 1994 No 26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2))
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 63
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 63 commenced 1 July 1994 (Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (Gaz 1994 No S269)
Public Interest Disclosure Act 1994 No 108 s 39
notified 22 December 1994 (Gaz 1994 No S289)
s 1, s 2 commenced 22 December 1994 (s 2 (1))
s 39 commenced 21 June 1995 (Gaz 1995 No S126)
Electricity and Water (Corporatisation) (Consequential Amendments) Act 1995 No 7 sch
notified 28 June 1995 (Gaz 1995 No S148)
commenced 1 July 1995 (s 2)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2))
Ombudsman (Amendment) Act 1996 No 17
notified 1 May 1996 (Gaz 1996 No S71)
commenced 1 May 1996 (s 2))
Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Community and Health Services Complaints (Amendment) Act 1997 No 50 sch 2
notified 19 September 1997 (Gaz 1997 No S264)
ss 1-3 commenced 19 September 1997 (s 2 (1))
sch 2 commenced 3 October 1997 (Gaz 1997 No S288)
Electricity (National Scheme) (Consequential Amendments) Act 1997 No 80 sch
notified 25 November 1997 (Gaz 1997 No S360)
commenced 13 December 1998 (s 2 and Gaz 1998 No S209)
Utilities (Consequential Provisions) Act 2000 No 66 sch 1 pt 11
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
sch 1 pt 11 commenced 1 January 2001 (Gaz 2000 No S69)
Subordinate Laws Amendment Act 2000 No 71 sch 2
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)
sch 2 commenced 21 June 2001 (IA s 10C)
Legislation (Consequential Amendments) Act 2001 No 44 pt 269
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 269 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 commenced 24 September 1997 (s 2 (3))
Note This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41.
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.25
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.25 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.61
notified LR 26 March 2004
s
1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2
pt 2.61 commenced 9 April 2004 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 14
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 14 commenced 13 July 2004 (s 2 (3))
Utilities Amendment Act 2005 A2005-14 s 20
notified LR 24 March 2005
s
1, s 2 commenced 24 March 2005 (LA s 75 (1))
s 20
commenced 24 September 2005 (s 2 and LA s 79)
Crimes (Child Sex Offenders) Act 2005 A2005-30 sch 3
notified LR 29 June 2005
s
1, s 2 commenced 29 June 2005 (LA s 75 (1))
sch 3
commenced 29 December 2005 (s 2 and LA s 79)
Human Rights Commission Legislation Amendment
Act 2005
A2005-41 sch 1 pt 1.10 (as am
by A2006-3 amdt 1.3)
notified LR 1 September
2005
s 1, s 2 commenced 1 September 2005 (LA s 75
(1))
sch 1 pt 1.10 commenced 1 November 2006 (s 2
(3) (as am by
A2006-3 amdt 1.3) and see Human
Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and
CN2006-21)
Human Rights Commission (Children and Young People Commissioner) Amendment Act 2005 A2005-46 sch 1 pt 1.2 (as am by A2006-3 amdt 1.2)
notified LR 2 September
2005
s 1, s 2 commenced 2 September 2005 (LA s 75
(1))
sch 1 pt 1.2 commenced 1 November 2006 (s 2
(as am by A2006-3 amdt 1.2) and see Human Rights Commission Act 2005 A2005-40,
s 2 (as am by A2006-3 s 4) and CN2006-21)
Public Advocate Act 2005 A2005-47 sch 1 pt 1.8 (as am by A2006-3 amdt 1.8)s
notified LR 2 September
2005
s 1, s 2 commenced 2 September 2005 (LA s 75
(1))
sch 1 pt 1.8 commenced 1 March 2006 (s 2 (1)
as am by A2006-3 amdt 1.8)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.18
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.18 commenced 11 January 2006 (s 2 (1))
Human Rights Commission Legislation Amendment Act
2006
A2006-3 amdts 1.2, 1.3,
1.8
notified LR 22 February
2006
s 1, s 2 commenced 22 February 2006 (LA s 75
(1))
amdts 1.2, 1.3, 1.8 commenced 23 February 2006
(s 2)
Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41, Human Rights Commission (Children and Young People Commissioner) Amendment Act 2005 A2005-46 and the Public Advocate Act 2005 A2005-47
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.72
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.72 commenced 12 April 2007 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.7
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.7 commenced 29 July 2008 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.42
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.42 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.79
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.79 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Title
title am
1996 No 17 s 4
Name of
Act
s 1 sub A2005-41 amdt
1.115
Dictionary
s
2 om 2001 No 44 amdt 1.3062
ins
A2007-3 amdt 3.385
Notes
s
2A ins A2007-3 amdt 3.385
Entities not necessarily prescribed
authorities
s 3 am 1994 No 38 sch
1
defs reloc to dict A2007-3 amdt
3.384
sub A2007-3 amdt
3.385
def commissioner
ins 1993 No 38 s 4
om 1996
No 17 s 5
def commissioner for
health complaints ins 1993 No 97
s 4
om 1996 No 17 s
5
def department om
1994 No 38 sch 1
def
ombudsman om 1996 No 17 s 5
Conduct by person taken as conduct by
administrative unit
s 3A orig
s 3A
renum as s
3C
pres s
3A
ins A2007-3 amdt
3.385
Conduct by person taken as conduct by
prescribed authority
s 3B ins
A2007-3 amdt 3.385
Application of Act—National
Electricity (ACT) Law
s 3C (prev
s 3A) ins 1997 No 80 sch
sub
A2005-62 amdt 3.170
renum as s 3C
A2007-3 amdt 3.386
Establishment of office of
ombudsman
s 4 am 1994 No 108 s
39; 1996 No 17 s 6
sub A2005-30 amdt
3.1
Functions—generally
s
4A ins A2005-30 amdt 3.1
Functions—investigating complaints
under Act
s 5 hdg sub A2005-30
amdt 3.2
s 5 am 1991 No 3 sch; 1994
No 38 s 5; 1993 No 97 s 5; 1994 No 10 s 8; 1994 No 38 sch 1; 1996 No 17 s
7; 1997 No 50 sch 2; 2000 No 66 sch 1; 2000 No 71 amdt 2.2; 2001 No 44
amdt 1.3063; R5 LA; A2004-32 s 92; pars renum R8 LA (see A2004-32 s 93);
A2005-14 s 20; A2005-41 amdts 1.117-1.119; A2005-46 amdts 1.2-1.4; A2008-22
amdt 1.37; A2008-37 amdt 1.340
Discretion to refer complaint to another
statutory office-holder
s 6A ins
1996 No 17 s 8
sub A2008-28 amdt
3.115
Mandatory referral of complaints to other
entities
s 6B hdg sub A2008-28
amdt 3.116
s 6B (prev s 37A) ins 1993
No 38 s 6
renum and reloc 1996 No 17
s 10
sub 1993 No 97 s
6
am 1996 No 17 s 9; 1997 No 50 sch
2
sub 2000 No 66 sch
1
am A2005-47 amdt 1.2; A2005-41
amdt 1.120; A2008-22 amdt 1.38; A2008-37 amdt 1.341; pars renum R18
LA
Complaints
s
7 am 1994 No 26 sch
Investigations
s
9 am 1994 No 38 sch 1
Power to obtain information and
documents
s 11 am A2004-15 amdt
2.133
Unreasonable delay in exercising
power
s 12 am 1994 No 60 sch 1;
A2008-37 amdt 1.342
Referring questions to
ACAT
s 13 am 1994 No 60 sch
1
sub A2008-37 amdt
1.343
Monitoring police compliance with Crimes
(Child Sex Offenders) Act
2005
div 2.1A hdg renum as div
2.2 hdg
Monitoring police compliance with Crimes
(Child Sex Offenders) Act
2005
div 2.2 hdg orig div 2.2 hdg
renum as div 2.3 hdg
(prev div 2.1A
hdg) ins A2005-30 amdt 3.3
renum R10
LA (see A2005-30 amdt 3.5)
What is the child sex offenders
register?
s 17A ins A2005-30
amdt 3.3
Police to give ombudsman reasonable
assistance
s 17B ins A2005-30
amdt 3.3
Power to enter police
premises
s 17C ins A2005-30 amdt
3.3
Reports
div
2.3 hdg (prev div 2.2 hdg) renum R10 LA (see A2005-30 amdt 3.5)
Reports on police compliance with Crimes
(Child Sex Offenders) Act 2005
s
20A ins A2005-30 amdt 3.4
Reports to the Legislative
Assembly
s 21 hdg am 1995 No 25
note
s 21 am 1995 No 25 sch; A2007-3
amdt 3.387
Appointment of
ombudsman
s 22 am A2007-3 amdt
3.388
Tenure of
office
s 23 am A2007-3 amdt
3.389
Salary and
allowances
s 24 am 1997 No 41 sch
1
Resignation
s
26 om A2007-3 amdt 3.390
Suspension and removal of
ombudsman
s 28 am A2007-3 amdts
3.391-3.393
Acting
appointment
s 29 sub A2007-3 amdt
3.394
Ombudsman not to be
sued
s 31 am A2007-3 amdt
3.395
Officers to observe
confidentiality
s 33 am 1994 No
81 sch; 1995 No 25 sch; A2004-9 amdt 1.33
Failing to comply with requirement under
Act
s 35 hdg sub A2004-15 amdt
2.134
s 35 am 1994 No 81 sch;
A2004-15 amdt 2.135, amdt 2.136
Referral to
Commissioner
s 37A reloc and
renum as s 6B 1996 No 17 s 10
Determination of fees and witness expenses
etc
s 37 sub 2001 No 44 amdt
1.3064
Regulations
s
38 am 1989 No 38 sch
sub 2001 No 44
amdt 1.3064
Dictionary
dict ins
A2007-3 amdt 3.396
am A2008-37 amdt
1.344
def agency am
1994 No 38 sch 1
reloc from s 3
A2007-3 amdt 3.384
def
authorised person reloc from s 3 A2007-3 amdt
3.384
def enactment am
1997 No 80 sch
sub A2005-62 amdt
3.168
reloc from s 3 A2007-3 amdt
3.384
def National Electricity
(ACT) Law ins A2005-62
amdt 3.169
reloc from s 3
A2007-3 amdt 3.384
def
officer am 1994 No 38 sch
1
reloc from s 3 A2007-3 amdt
3.384
def ombudsman
ins A2007-3 amdt 3.396
def
prescribed authority am 1991 No 3 sch; 1993 No 38 s 4; 1993 No 97
s 4; 1995 No 7 sch; 1996 No 17 s 5; 1997 No 5 sch 2; A2005-41 amdt 1.116;
A2007-3 amdt 3.382,
amdt 3.383
reloc from s 3
A2007-3 amdt 3.384
def
principal officer am 1994 No 38 sch 1; 1996 No 17 s 5; 1997
No 50 sch 2
reloc from s 3 A2007-3
amdt 3.384
def responsible
Minister reloc from s 3 A2007-3 amdt
3.384
def taking of action
ins A2007-3 amdt 3.396
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Act 1991 No 3 |
31 August 1991 |
|
2 |
Act 1993 No 38 |
31 August 1993 |
|
3 |
Act 1995 No 7 |
31 January 1996 |
|
4 |
Act 1997 No 80 |
28 February 1999 |
|
5 |
Act 2001 No 44 |
16 November 2001 |
|
5 (RI) |
A2001-44 ‡ |
13 February 2003 |
|
6 |
A2004-15 |
9 April 2004 |
|
7 |
A2004-15 |
13 April 2004 |
|
8 |
A2004-32 |
13 July 2004 |
|
9 |
A2005-47 |
24 September 2005 |
|
10 |
A2005-47 |
29 December 2005 |
|
11 |
A2005-62 |
11 January 2006 |
|
12 |
A2006-3 |
23 February 2006 |
|
13 |
A2006-3 |
1 March 2006 |
|
14 |
A2006-3 |
1 November 2006 |
|
15 |
A2007-3 |
12 April 2007 |
|
16 |
A2008-22 |
29 July 2008 |
|
17 |
A2008-28 |
26 August 2008 |
|
‡ includes retrospective amendments by A2002-49 |
||
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