OMBUDSMAN ACT 2009
Table of Provisions
PART 1--PRELIMINARY MATTERS
PART 2--INTERPRETATION
Division 1--Defined terms
- 4 Definitions
Division 2--Basic concepts about public authorities and administrative actions
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
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
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 Professional 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--Professional Standards Command investigations
- 80 When complaint to be investigated by Professional Standards Command
- 81 Conduct of investigation
- 82 General powers of Professional Standards Command
- 83 Professional 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 Professional 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 Professional 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 Eligibility 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
PART 12--TRANSITIONAL MATTERS FOR INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT ACT 2019
- 166 Effect on Ombudsman in office