OMBUDSMAN ACT 1976 - SECT 8A Investigations by Commonwealth and State Ombudsmen
OMBUDSMAN ACT 1976 - SECT 8A
Investigations by Commonwealth and State Ombudsmen(1) The Commonwealth Ombudsman may, if he or she thinks fit, make an arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more States, for and in relation to the investigation by any one or more of the Ombudsmen of action, being action that relates to a matter of administration, referred to in any of the following paragraphs:
(a) action taken by a Department or prescribed authority and action taken by a Department of a State or an authority of a State;
(b) action taken by an authority or other agency established jointly or administered jointly by the Commonwealth and one or more States;
(c) action taken by an authority or other agency referred to in paragraph (b) and action taken by:
(i) a Department or prescribed authority; or
(ii) a Department of a State or an authority of a State.
(1A) The Commonwealth Ombudsman may, if he or she thinks fit, make an arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more States, for and in relation to the investigation, by any one or more of the Ombudsmen, of action to which subsection (1B), (1C) or (1D) applies.
(1B) This subsection applies to action that:
(a) gives rise to an AFP conduct issue or AFP practices issue; and
(i) an AFP conduct issue that relates to a member of the police force of a State; or
(ii) action taken by the police force of a State; or
(iii) action taken by a Department of a State or by an authority of a State.
(1C) This subsection applies to action taken by a body if the body:
(a) is established jointly, or administered jointly, by the Commonwealth and one or more States; and
(b) includes at least one AFP appointee and a member or members of the police force of a State or the police forces of 2 or more States.
(1D) This subsection applies to action taken by a body referred to in subsection (1C) together with action taken by:
(a) by an AFP appointee or by the Australian Federal Police; or
(b) by a member of the police force of a State; or
(c) by the police force of a State; or
(d) by a Department of a State or by an authority of a State.
(2) A reference in subsection (1) or (1B) to action taken by a Department, prescribed or other authority or an agency includes a reference to action taken by such a Department, prescribed or other authority or agency on behalf of another Department, prescribed or other authority or agency.
(3) An arrangement made in pursuance of subsection (1) or (1A) may relate to particular action or actions, to a series of related actions or to actions included in a class or classes of actions.
(4) The Commonwealth Ombudsman may arrange with the other Ombudsman or Ombudsmen with whom an arrangement is in force under this section for the variation or revocation of the arrangement.
(5) An arrangement under this section, or the variation or revocation of such an arrangement, shall be in writing.
(6) The regulations may make provision for and in relation to the participation by the Ombudsman in the carrying out of an investigation in pursuance of an arrangement under this section.
(7) Nothing in this section affects the powers and duties of the Ombudsman under any other provision of this Act.
(8) Subsection (1) or (1A) shall not be taken to empower the Ombudsman:
(a) to exercise any of the powers of the Ombudsman of a State except in accordance with subsection 34(7); or
(b) to make an arrangement for the exercise by the Ombudsman of
a State of a power of the Ombudsman except in accordance with an instrument of
delegation referred to in subsection 34(1).