Commonwealth Numbered Acts

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OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 19

Annual report and additional reports to Parliament.
19. (1) The Ombudsman shall, as soon as practicable after 30 June in each
year-

   (a)  submit to the Minister, for presentation to the Parliament, a report
        of the operations of the Ombudsman during that year, including
        operations referred to in paragraphs (b) and (c);

   (b)  submit to the Minister for the Capital Territory, for presentation to
        the Australian Capital Territory Legislative Assembly, a report of the
        operations of the Ombudsman during that year with respect to
        complaints made under this Act concerning action taken by officers in
        the exercise of powers or the performance of functions conferred by
        enactments of the Australian Capital Territory; and

   (c)  submit to the Minister for the Northern Territory, for presentation to
        the Legislative Assembly for the Northern Territory, a report of the
        operations of the Ombudsman during that year with respect to
        complaints made under this Act concerning action taken by officers in
        the exercise of powers or the performance of functions conferred by
        enactments of the Northern Territory.

(2) The Ombudsman may, from time to time, submit to the Minister, for
presentation to the Parliament, reports of the operations of the Ombudsman
during parts of a year.

(3) Where the Ombudsman submits a report under sub-section (2) in relation to
a part of a year, the Ombudsman shall-

   (a)  submit to the Minister for the Capital Territory, for presentation to
        the Australian Capital Territory Legislative Assembly, a report of the
        operations of the Ombudsman during that part of the year with respect
        to complaints made under this Act concerning action taken by officers
        in the exercise of powers or the performance of functions conferred by
        an enactment of the Australian Capital Territory; and

   (b)  submit to the Minister for the Northern Territory, for presentation to
        the Legislative Assembly for the Northern Territory, a report of the
        operations of the Ombudsman during that part of the year with respect
        to the complaints made under this Act concerning action taken by
        officers in the exercise of powers or the performance of functions
        conferred by enactments of the Northern Territory.

(4) Where the Ombudsman submits a report to the Minister under paragraph (1)
(a) or under sub-section (2), the Minister shall cause the report to be laid
before each House of the Parliament within 15 sitting days of that House after
its receipt by the Minister.

(5) Where the Ombudsman submits a report to the Minister for the Capital
Territory under paragraph (1) (b) or (3) (a), the Minister for the Capital
Territory shall cause the report to be forwarded, as soon as practicable after
its receipt by him, to the President of the Australian Capital Territory
Legislative Assembly for presentation to that Assembly.

(6) Where the Ombudsman submits a report to the Minister for the Northern
Territory under paragraph (1) (c) or (3) (b), the Minister for the Northern
Territory shall cause the report to be forwarded, as soon as practicable after
its receipt by him, to the Speaker of the Legislative Assembly for the
Northern Territory for presentation to that Assembly.

(7) The first report under sub-section (1) shall be submitted as soon as
practicable after 30 June 1977, and shall relate to the operations of the
Ombudsman during the period that commenced at the commencement of this Act and
ended on that date.

(8) Where the Ombudsman refers in a report referred to in sub- section (1),
(2) or (3) to an investigation made by him under this Act, the Ombudsman shall
not, in referring to the investigation, set out opinions that are, either
expressly or impliedly, critical of a Department, prescribed authority or
person unless the Ombudsman has complied with sub-section 8 (5) in relation to
the investigation.

(9) In this section-

''enactment of the Australian Capital Territory'' means-

   (a)  an Ordinance of the Australian Capital Territory; or

   (b)  an instrument (including rules, regulations or by-laws) made under
        such an Ordinance;

''enactment of the Northern Territory'' means-

   (a)  an Ordinance of the Northern Territory; or

   (b)  an instrument (including rules, regulations or by-laws) made under
        such an Ordinance. 


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