Australian Capital Territory Consolidated Acts

OMBUDSMAN ACT 1989 - SECT 5

    (1)     Subject to this Act, the ombudsman—

        (a)     shall investigate action that relates to a matter of administration, being action—

              (i)     taken after the commencement of this Act by an agency and in respect of which a complaint has been made to the ombudsman; or

              (ii)     in respect of which a complaint is transferred to the ombudsman under the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 28; or

              (iii)     taken before the commencement of this Act and in respect of which a complaint is made to the ombudsman after that commencement in a case where, if that complaint had been made to the Commonwealth ombudsman before that commencement, that complaint would have been transferred to the ombudsman under the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 28; and

        (b)     may, of his or her own motion, investigate action of that kind.

    (2)     The ombudsman is not authorised to investigate—

        (a)     action taken by a Minister; or

        (b)     action taken by—

              (i)     a judge or the master of the Supreme Court; or

              (ii)     the registrar or a deputy registrar of the Supreme Court or of the Magistrates Court when performing a function of a judicial nature; or

        (c)     action taken by a magistrate or coroner for the Territory; or

        (d)     action taken by a tribunal, a member of a tribunal, or a member of the staff of a tribunal, in the exercise of the tribunal's deliberative functions; or

        (e)     action taken by a royal commission under the Royal Commissions Act 1991 ; or

        (f)     action taken by a board of inquiry under the Inquiries Act 1991 ; or

        (g)     action taken by the commissioner for the environment; or

        (h)     action taken by the Territory or a territory authority for the management of the environment (not including action taken under the Utilities Act 2000 , part 14 (Streetlighting and stormwater)); or

              (i)     action taken by the human rights commission, a member of the commission, or a member of the staff of the commission, in the exercise of the commission's deliberative functions; or

        (j)     action taken by a judicial commission under the Judicial Commissions Act 1994 ; or

        (k)     action taken by any body or person with respect to persons employed in the public service or the service of a prescribed authority, being action taken in relation to the employment of those persons, including action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, those persons; or

        (l)     action taken by an agency with respect to the appointment of a person to an office established by or under an enactment, not being an office in the public service or an office in the service of a prescribed authority; or

        (m)     action taken, or not taken, under the Legislation Act 2001 , part 5.2 (Requirements for regulatory impact statements); or

        (n)     action taken by an agency—

              (i)     for the purpose or in the course of providing, or purporting to provide, a disability service, a health service, a service for children and young people or a service for older people; or

              (ii)     in refusing to provide a disability service, a health service, a service for children and young people or a service for older people.

    (3)     The reference in subsection (2) (a) to action taken by a Minister does not include a reference to action taken by a delegate of a Minister.

    (4)     For subsection (3), action shall be deemed to have been taken by a delegate of a Minister notwithstanding that the action is taken under a power that is deemed by a provision of an enactment, when exercised by the delegate, to have been exercised by the Minister.

    (5)     For the application of this Act in relation to the ombudsman, action taken by an agency shall not be regarded as having been taken by a Minister only because the action was taken by the agency in relation to action taken or to be taken by a Minister personally.

    (6)     In this section:

"disability service"—see the Human Rights Commission Act 2005 , section 8.

"health service"—see the Human Rights Commission Act 2005 , section 7.

"service for children and young people"—see the Human Rights Commission Act 2005 , section 8A.

"service for older people"—see the Human Rights Commission Act 2005 , section 9.