Northern Territory Consolidated Acts

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OMBUDSMAN ACT


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Objects  

   PART 2--INTERPRETATION

           Division 1--Defined terms

   4.      Definitions  

           Division 2--Basic concepts about public authorities and administrative actions

   5.      Public authority  
   6.      Administrative action  

           Division 3--Basic concepts about conduct of police officers

   7.      Conduct of police officer  

           Division 4--Criminal responsibility

   8.      Application of Criminal Code  

   PART 3--OFFICE OF OMBUDSMAN, FUNCTIONS AND POWERS

           Division 1--Office of Ombudsman

   9.      Ombudsman  

           Division 2--Functions and powers

   10.     Functions  
   11.     Powers  
   12.     Independence in relation to complaints and investigations  

   PART 4--OMBUDSMAN'S JURISDICTION FOR ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES AND POLICE CONDUCT

   13.     Interpretation  
   14.     Matters for investigation  
   15.     Executive and ministerial matters must not be investigated  
   16.     What administrative actions may not be investigated  
   17.     Parliamentary reference of matter for investigation  
   18.     Ombudsman to deal with complaint referred by complaints entity  
   19.     Liaison with complaints entity  
   20.     Application to Supreme Court  

   PART 5--COMPLAINTS ABOUT ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES AND POLICE CONDUCT

   21.     Who may make complaint  
   22.     Complaint for deceased person  
   23.     Making complaint about administrative action  
   24.     Making police complaint  
   25.     When complaint to be made  
   26.     Prisoner complaints  
   27.     Effect of restrictive provisions on complaint  

   PART 6--ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES

           Division 1--Preliminary inquiries

   28.     Preliminary inquiries about administrative action  
   29.     Principal officer to give help  
   30.     Request for non-disclosure of information and other things  

           Division 2--Decisions about referring and investigating complaints

   31.     Decision on complaint without investigation  
   32.     Referral of complaint to complaints entity  
   33.     When Ombudsman may decline to deal with complaint  
   34.     Ombudsman need not investigate if investigation by complaints entity  
   35.     Decisions about investigating if complaint made to public authority  
   36.     Notice of decision not to investigate  

           Division 3--Conciliation and mediation

   37.     Dealing with complaint by conciliation or mediation  
   38.     Who can be conciliator or mediator  
   39.     Objection to conciliator or mediator  
   40.     Suspending investigation  
   41.     Participation voluntary  
   42.     Progress report  
   43.     Termination  
   44.     Resolution of complaint  
   45.     Restricted use of information  
   46.     Effect of unsuccessful conciliation or mediation  

           Division 4--Investigations

              Subdivision 1--Procedures

   47.     Notice of investigation  
   48.     Conduct of investigation  
   49.     Procedure generally  
   50.     Consultation  
   51.     Hearing for investigation  

              Subdivision 2--Ombudsman's powers for investigation

   52.     Requirement to give information, document or thing  
   53.     Requirement to attend hearing  
   54.     Investigation at public authority's premises  
   55.     Ombudsman may issue direction in relation to administrative action  
   56.     Custody of thing given to Ombudsman  

           Division 5--Reports and recommendations on investigations

   57.     Report to complainant  
   58.     Report to public authority  
   59.     Adverse reports  
   60.     Report of breach of duty or misconduct  
   61.     Report containing adverse comment  
   62.     Report may include recommendations  
   63.     Action after report and recommendations  
   64.     Ombudsman to inform complainant of action taken  

   PART 7--POLICE CONDUCT

           Division 1--Preliminary procedures for police complaints

   65.     Notice of complaint to Ombudsman  
   66.     Ombudsman to assess and decide how to deal with complaint  

           Division 2--Declining to deal with police complaints

   67.     When Ombudsman may decline to deal with complaint  

           Division 3--Conciliation

   68.     Definition  
   69.     When police complaint may be dealt with by conciliation  
   70.     Who can be conciliator  
   71.     Objection to conciliator  
   72.     Suspending other police complaint process  
   73.     Participation voluntary  
   74.     Progress report  
   75.     Termination  
   76.     Report of results of conciliation  
   77.     Effect of unsuccessful conciliation  

           Division 4--Police complaints resolution process and Police Standards Command investigations

              Subdivision 1--Police complaints resolution process

   78.     When police complaint may be dealt with by resolution process  
   79.     Conduct and report of resolution process  

              Subdivision 2--Police Standards Command investigations

   80.     When complaint to be investigated by Police Standards Command  
   81.     Conduct of investigation  
   82.     General powers of Police Standards Command  
   83.     Police Standards Command member's power to give direction to police officer  
   84.     Request by Ombudsman on how to conduct investigation  

              Subdivision 3--General matters

   85.     Ombudsman to oversee police complaints resolution process and investigation  

           Division 5--Ombudsman's investigation of police conduct

              Subdivision 1--Police complaints

   86.     When complaint may be investigated by Ombudsman  

              Subdivision 2--Conduct of investigations

   87.     Application of Subdivision  
   88.     Conduct of investigation  
   89.     Procedures and powers  
   90.     Ombudsman may investigate consequential action  

           Division 6--Reporting requirements and related provisions

              Subdivision 1--Investigations if Commissioner reports to parties

   91.     Application of Subdivision  
   92.     Report of investigation by Police Standards Command member  
   93.     Commissioner to release report and comments  

              Subdivision 2--Investigations if Commissioner reports to Ombudsman

   94.     Application of Subdivision  
   95.     Report of investigation by Police Standards Command member  
   96.     Commissioner to give report and comments to Ombudsman  
   97.     Ombudsman's assessment and recommendations on investigation  

              Subdivision 3--Investigations by Ombudsman

   98.     Application of Subdivision  
   99.     Ombudsman to report on investigation  
   100.    Report containing adverse comment  

              Subdivision 4--Content of reports

   101.    Assessments and recommendations  

              Subdivision 5--Other provisions relating to reports, assessments and recommendations

   102.    Application of Subdivision  
   103.    Consideration of Ombudsman's report  
   104.    Action on Ombudsman's report  
   105.    Ombudsman to inform complainant and police officer of action taken  
   106.    Commissioner to notify Ombudsman of proceedings taken  

           Division 7--Other decision-making provisions

   107.    Deferral and discontinuing of dealing with complaint  
   108.    Ombudsman may require further action  
   109.    Complainant may ask for investigation to be conducted  
   110.    Revocation or variation of decision, assessment or recommendation  
   111.    Parties to complaint to be informed of decision  

           Division 8--Miscellaneous provisions

   112.    Commissioner may refer police conduct to Ombudsman  
   113.    Commissioner may request non-disclosure of information  
   114.    Restricted use of certain information  
   115.    Consultation  
   116.    Register of police complaints  

   PART 8--CONFIDENTIALITY, OFFENCES AND RELATED PROVISIONS

           Division 1--Confidentiality and related provisions

   117.    Information disclosure and privilege  
   118.    Disclosure of particular matters not required  
   119.    Non-compellable witnesses  
   120.    Confidentiality of information  
   121.    Direction not to disclose information  
   122.    Person consulted not to disclose information  

           Division 2--Other offences, disciplinary provisions and related matters

   123.    Misleading information or document  
   124.    Preventing or obstructing making of complaint  
   125.    Offence to commit act of reprisal  
   126.    Failure to comply with particular notices  
   127.    Refusal to take oath  
   128.    Failure to comply with requirement to help Ombudsman  
   129.    Obstruction of persons acting in official capacity  

           Division 3--Legal proceedings for offences

   130.    Evidentiary certificates  

   PART 9--ADMINISTRATION

           Division 1--Matters relating to Ombudsman and Ombudsman's Office

              Subdivision 1--Appointment of Ombudsman and related matters

   132.    Ombudsman  
   133.    Ineligibility for appointment  
   134.    Term of appointment  
   135.    Conditions of appointment  
   136.    Restriction on outside employment  
   137.    Leave of absence  
   138.    Resignation  
   139.    Retirement  
   140.    Termination of appointment by Administrator  
   141.    Termination of appointment by Legislative Assembly after suspension  
   142.    Appointment ceases on becoming candidate for election  
   143.    Acting Ombudsman  
   144.    Oath before taking office  

              Subdivision 2--Officers of Ombudsman's Office

   145.    Status  
   146.    Officers not subject to outside direction  

              Subdivision 3--Miscellaneous matters

   147.    Delegation  
   148.    Arrangements with other jurisdictions  
   149.    Validity of acts and decisions  

           Division 2--Agreements for dealing with police complaints

   150.    Ombudsman and Commissioner may make agreement  
   151.    Tabling, publication and availability of agreement  

           Division 3--Annual and other public reports

   152.    Annual report  
   153.    Report on Ombudsman's initiative to Minister  
   154.    Tabling of reports  
   155.    Report on parliamentary reference  

   PART 10--MISCELLANEOUS MATTERS

   156.    Compliance with requirement as soon as practicable  
   157.    Compliance with requirement for informing complainant  
   158.    Extension of period for compliance with notices  
   159.    Protection from liability – complainants and informants  
   160.    Protection from liability – persons administering Act  
   161.    Regulations  

   PART 11--REPEALS AND TRANSITIONAL MATTERS FOR OMBUDSMAN ACT 2009

           Division 1--Preliminary matters

   162.    Definitions  

           Division 2--Repeals

   163.    Repeal of Ombudsman legislation  

           Division 3--Transitional matters

   164.    Ombudsman continues in office  
   165.    Actions before commencement date  
           SCHEDULE 1
           ENDNOTES


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