OMBUDSMAN ACT 1974 - SCHEDULE 1

OMBUDSMAN ACT 1974 - SCHEDULE 1

SCHEDULE 1 – Excluded conduct of public authorities

(Section 12)

1

Conduct of--

(a) the Governor, whether acting with or without the advice of the Executive Council,

(b) a Minister of the Crown, including a Minister of the Crown acting as a corporation sole, but not so as to preclude conduct of a public authority relating to a recommendation made to a Minister of the Crown,

(c) Parliament,

(d) the Houses of Parliament,

(e) a committee of either House, or both Houses, of Parliament,

(f) either House of Parliament,

(g) a member of either House of Parliament, where acting as such,

(h) an officer of Parliament or of either House of Parliament, where acting as such,

(i) the Children's Guardian or an officer of the Children's Guardian in relation to a matter--

(i) that is an inquiry, complaint, notification or investigation under Part 3A of this Act, as in force immediately before its repeal, and

(ii) that was transferred to the Children's Guardian under the Children's Guardian Act 2019 .

2

Conduct of--

(a) a court or a person associated with a court, or

(b) a person or body (not being a court) before whom witnesses may be compelled to appear and give evidence, and persons associated with such a person or body, where the conduct relates to the carrying on and determination of an inquiry or any other proceeding.

2A

Conduct of the Sheriff, or of any sheriff's officer or any security officer within the meaning of the Court Security Act 2005 , in relation to--

(a) the maintenance of court security, or

(b) the enforcement of a warrant of arrest or warrant of committal, or

(c) the execution of a writ,

3

(1) Conduct of a body of which one or more of the members is appointed by the Governor or a Minister of the Crown where--

(a) at least one member of the body may be appointed by virtue of his or her being a Judge of the Supreme Court of New South Wales, a member of the Industrial Relations Commission of New South Wales, a Judge of the Land and Environment Court of New South Wales or a Judge of the District Court of New South Wales, and

(b) such a person, if appointed as such a member, has a right or duty to preside at a meeting of the body at which the person is present.

(2) However, sub-item (1) does not apply to the conduct of the Voluntary Assisted Dying Board established under the Voluntary Assisted Dying Act 2022 .

4

Conduct of a public authority relating to a Bill for an Act or the making of a rule, regulation or by-law.

6

Conduct of a public authority where acting as a legal adviser to a public authority or as legal representative of a public authority.

7

Conduct of the Attorney General, or of the Solicitor General, or of the Director of Public Prosecutions, relating to the commencement, carrying on or termination of any proceedings before a court, including a coronial inquiry and committal proceedings before a magistrate.

8

Conduct of a public authority relating to the carrying on of any proceedings--

(a) before any court, including a coronial inquiry and committal proceedings before a magistrate, or

(b) before any other person or body before whom witnesses may be compelled to appear and give evidence.

9

Conduct of a public authority relating to an exercise of the prerogative of mercy.

10

Conduct of a public authority where acting as a commissioner under the Royal Commissions Act 1923 or, by the authority of an Act, exercising the powers of such a commissioner.

11

Conduct of a public authority where acting as a Commissioner under the Special Commissions of Inquiry Act 1983 .

12

Conduct of a public authority relating to--

(a) the appointment or employment of a person as an officer or employee, and

(b) matters affecting a person as an officer or employee,

(c) arises from the making of a public interest disclosure within the meaning of the Public Interest Disclosures Act 2022 .

13

Conduct of the NSW Police Force or a member of the NSW Police Force.

14

Conduct of a public authority relating to the investment of any funds.

15

Conduct of a public authority where the conduct is a decision made by the public authority in the course of the administration of an estate or a trust, being a decision as to the payment or investment of money or the transfer of property.

17

Conduct of a public authority relating to alleged violations of the privacy of persons.

18

Conduct of a mediator at a mediation session under the Community Justice Centres Act 1983 .

19

Conduct of a public authority where acting as an executive officer of the New South Wales Crime Commission, or as a member of the New South Wales Crime Commission Management Committee, under the Crime Commission Act 2012 (unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Law Enforcement Conduct Commission under the Law Enforcement Conduct Commission Act 2016 ).

20

Conduct of the Independent Commission Against Corruption, a Commissioner or an Assistant Commissioner or an officer of the Commission, where exercising functions under the Independent Commission Against Corruption Act 1988 , unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Commission under the Independent Commission Against Corruption Act 1988 .

21

Conduct of the Law Enforcement Conduct Commission, or an officer of the Commission, where exercising functions under the Law Enforcement Conduct Commission Act 2016 (unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Law Enforcement Conduct Commission under the Law Enforcement Conduct Commission Act 2016 ).

26

Conduct of the Legal Services Commissioner or a member of staff of the Commissioner, when exercising functions under Chapter 5 or 7 of the Legal Profession Uniform Law (NSW) .

27

Conduct of a conciliator in relation to the conciliation of a complaint under the Health Care Complaints Act 1993 .