New South Wales Consolidated Acts

OMBUDSMAN ACT 1974

- As at 17 July 2009
- Act 68 of 1974

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Act binds Crown
   5.      Definitions
   5A.     References to Presiding Officers

   PART 2 - THE OMBUDSMAN

   6.      Office of Ombudsman
   6A.     Veto of proposed appointment of Ombudsman
   7.      Acting Ombudsman
   8.      Deputy Ombudsman and Assistant Ombudsman-appointment etc
   8A.     Deputy Ombudsman and Assistant Ombudsman-functions
   8B.     Acting Deputy Ombudsman and Assistant Ombudsman
   9.      Special officers
   10.     Delegation
   10A.    Delegation to other Ombudsman
   10B.    Delegation from other jurisdictions
   11.     Effect of certain acts etc

   PART 3 - INVESTIGATIONS AND CONCILIATIONS

   12.     Right to complain
   13.     Decision for investigation
   13AA.   Preliminary inquiries
   13A.    Dealing with complaint by conciliation
   14.     Amendment of Schedule
   15.     Reasons for refusal to conciliate, investigate or continue investigation
   16.     Notice of investigation
   17.     Privacy
   18.     Public authority to give information etc
   19.     Inquiries
   20.     Entry on premises etc
   21.     Limits on secrecy and privilege
   21A.    Privilege as regards entry and inspections on public premises
   21B.    Requirements and inspections relating to matters affected by legal professional privilege on review under Freedom of Information Act 1989
   21C.    Injunction
   22.     Cabinet proceedings
   23.     Expert assistance
   24.     Persons to be heard
   25.     Consultation with responsible Minister

   PART 3A - CHILD PROTECTION

   25A.    Definitions
   25B.    Ombudsman to keep relevant systems under scrutiny
   25C.    Reporting of reportable allegations or convictions to Ombudsman
   25CA.   Ombudsman may exempt conduct from reporting
   25D.    Disclosure to Ombudsman of information about reportable conduct
   25E.    Monitoring by Ombudsman of investigations
   25F.    Results of investigation and action taken to be reported to Ombudsman
   25G.    Investigation of reportable conduct by Ombudsman
   25H.    Protection and other provisions relating to disclosures of information
   25I.    Extension of reporting and disclosure provisions to all public authorities
   25J.    Application of other provisions of this Act

   PART 4 - REPORTS

   25AA.   Application of Part 4
   26.     Report of investigation
   26A.    Authority to pay compensation
   27.     Default in consequent action
   28.     Serious misconduct
   29.     Report to complainant or the relevant person
   30.     Annual reports
   30A.    Public availability of annual reports
   31.     Special report to Parliament
   31AA.   Provisions relating to reports
   31AB.   Ombudsman may furnish information to ICAC and DPP
   31AC.   Ombudsman may furnish information to public authority

   PART 4A - PARLIAMENTARY JOINT COMMITTEE

   31A.    Constitution of Joint Committee
   31B.    Functions
   31BA.   Power to veto proposed appointments
   31C.    Membership
   31D.    Vacancies
   31E.    Chair and Deputy Chair
   31F.    Procedure
   31FA.   Reporting when Parliament not in session
   31G.    Evidence
   31H.    Confidentiality
   31I.    Application of certain Acts etc
   31J.    Validity of certain acts or proceedings

   PART 5 - GENERAL

   32.     Staff
   33.     Preservation of certain rights
   34.     Disclosure by Ombudsman or officer
   35.     Ombudsman, officer or expert as witness
   35A.    Immunity of Ombudsman and others
   35B.    Application to Supreme Court
   35C.    Referral of legal question to Administrative Decisions Tribunal for advisory opinion
   36.     Incriminatory statement
   37.     Offences
   38.     Proceedings for offences
   39.     Regulations
   40.     Savings and transitional provisions

   PART 6 - COMPLAINT HANDLING BY RELEVANT AGENCIES

   41.     Definitions
   42.     Referral of complaints between relevant agencies
   43.     Sharing of information by relevant agencies
   44.     Delegation
   45.     Inter-agency agreements to be publicly available
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2