New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 10A

10A Delegation to other Ombudsman

(1) The Ombudsman may delegate the exercise of any functions of the Ombudsman under sections 13A, 18, 19 (1), 20 and 23 to a person who is empowered to exercise under a law of another State, the Commonwealth or a Territory of the Commonwealth functions similar to the functions exercised by the Ombudsman under this Act, where:

(a) the Ombudsman is of the opinion that an investigation authorised to be carried out by the Ombudsman under this Act may more effectively or more appropriately be carried out by the person to whom it is proposed the delegation be made, and

(b) the delegation is for the purpose of enabling that person to carry out that investigation.

(2) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.

(3) A delegation under this section must be made by instrument in writing.

(4) An instrument of delegation must specify:

(a) the functions the exercise of which is delegated, and

(b) any conditions or limitations on the delegation.

(5) The Ombudsman may revoke a delegation under this section at any time, whether made by that Ombudsman or not.

(6) A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.

(7) During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.

(8) Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.

(9) Where the exercise of a function is delegated under this section, then, for the purpose of enabling a person to carry out an investigation, as referred to in subsection (1) (b), that investigation shall, for the purposes of:

(a) the provisions of this Act which confer or impose the delegated function, and

(b) the provisions of sections 21 and 24,

be an investigation under this Act, and references in those provisions to the Ombudsman shall be construed as including references to the delegate.

(10) Where the exercise of a function is delegated under this section, the provisions of sections 34, 35 and 35A apply to and in respect of the delegate and officers of the delegate in the same way as those provisions apply to and in respect of the Ombudsman and officers of the Ombudsman.