New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 14

14 Amendment of Schedule

(1) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 1 so as to add to it, or to omit from it, any class of conduct of a public authority.

(2) Where Schedule 1 is amended by adding to it any class of conduct of a public authority, and conduct the subject of an investigation or conciliation by the Ombudsman is or includes conduct of the added class, the Ombudsman shall discontinue the investigation or conciliation in so far as it relates to conduct of the added class and shall not make any report concerning conduct of the added class.

(3) A proclamation under subsection (1):

(a) takes effect from the date of the publication of the proclamation or a later date specified in the proclamation, and

(b) shall be laid before each House of Parliament within fourteen sitting days of that House after the date of proclamation.

(4) If either House of Parliament passes a resolution, of which notice has been given within fifteen sitting days of that House after a proclamation has been laid before it, disallowing the proclamation or any part thereof, the amendment of Schedule 1 made by the proclamation or part thereupon ceases to have effect.

(5) For the purposes of subsections (3) and (4) sitting days shall be counted, whether or not they occur during the same session.

(6) Where, by the operation of subsection (4), an amendment of Schedule 1 ceases to have effect, the Ombudsman may:

(a) resume any investigation or conciliation that he or she discontinued under subsection (2) by reason of the amendment, and

(b) make a report concerning the conduct to which the resumed investigation relates.