OMBUDSMAN ACT 1976 - SECT 16 Reports where appropriate action not taken on Ombudsman's report

OMBUDSMAN ACT 1976 - SECT 16

  (1)   Where action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the matters and recommendations included in a report to a Department or to a prescribed authority under section   15 within a reasonable time after the Ombudsman furnished the report to the Department or to the prescribed authority, the Ombudsman may inform the Prime Minister accordingly in writing.

  (2)   Where the Ombudsman furnishes information to the Prime Minister in accordance with subsection   (1) in relation to a report, the Ombudsman shall furnish to the Prime Minister with the information:

  (a)   if a copy of the report has not previously been forwarded to the Prime Minister under subsection   15(6)--a copy of the report; and

  (b)   if the Department or prescribed authority to which the report was made has furnished comments concerning the report to the Ombudsman--a copy of those comments.

  (3)   In considering whether to furnish information in relation to a report to the Prime Minister in accordance with subsection   (1), the Ombudsman shall have regard to any comments furnished to him or her by the Department or prescribed authority to which the report was made.

  (4)   In the case of a report relating to a Parliamentary Department, subsections   (1) to (3) have effect as follows:

  (a)   if the report relates to the Department of the Senate--a reference to the Prime Minister is to be read as a reference to the President of the Senate;

  (b)   if the report relates to the Department of the House of Representatives--a reference to the Prime Minister is to be read as a reference to the Speaker of the House of Representatives;

  (c)   in any other case--a reference to the Prime Minister is to be read as a reference to the President of the Senate and the Speaker of the House of Representatives.

  (5)   In the case of a report relating to a prescribed authority constituted by the chief executive officer, in relation to a court or tribunal, subsections   (1) to (3) have effect as follows:

  (a)   if the report relates to the chief executive officer, in relation to a court--a reference to the Prime Minister is to be read as a reference to the chief justice or chief judge (however described) of the court, as the case requires;

  (b)   if the report relates to the Registrar of the Administrative Appeals Tribunal--a reference to the Prime Minister is to be read as a reference to the President of the Tribunal;

  (c)   if the report relates to the chief executive officer, in relation to a tribunal (other than the Administrative Appeals Tribunal)--a reference to the Prime Minister is to be read as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member.