Northern Territory Consolidated Acts

OMBUDSMAN ACT 2009

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 be sworn or make affirmation
   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
   131.    Liability of executive officers of body corporate
           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 Repealed Acts
           ENDNOTES