OMBUDSMAN ACT 2001 - As at 27 October 2023 - Act 73 of 2001
- As at 27 October 2023 - Act 73 of 2001Table of Provisions
PART 1 - PRELIMINARY
Division 1 - General
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Notes
- 5 Objects of Act
- 6 How objects are to be achieved
Division 2 - Key concepts
- 7 Meaning of administrative action
- 8 Meaning of agency
- 9 Meaning of public authority
- 10 What is included in meaning of administrative action of agency
PART 2 - THE OMBUDSMAN
PART 3 - INVESTIGATION OF ADMINISTRATIVE ACTIONS OF AGENCIES
Division 1 - Extent of jurisdiction
- 14 What ombudsman may investigate
- 15 Liaison with complaints entity
- 16 What ombudsman may not investigate
- 17 Application to Supreme Court
Division 2 - When administrative actions may be investigated
- 18 When ombudsman may investigate administrative action
- 19 Assembly may refer administrative action for investigation
Division 3 - Complaints
- 20 Complaints
- 21 Effect of restrictive provisions on complaints
- 22 Preliminary inquiry
- 23 Refusal to investigate complaint
Division 4 - Other provisions
PART 4 - POWERS AND PROCEDURES FOR INVESTIGATIONS
Division 1 - Ombudsman’s powers for conducting investigations
- 27 Notice to principal officer
- 28 Requirement to give document or information
- 29 Requirement to attend and to give document or information
- 30 Compliance with investigation requirement
- 31 Power of court if noncompliance with investigation requirement
- 32 Custody of document given to ombudsman
- 33 Way of giving information
- 34 Investigation at agency premises
- 35 Expenses
Division 2 - Arrest warrants
Division 3 - Contempt
Division 4 - Offences
- 41 False or misleading statement
- 42 False or misleading document
- 43 Offence to assault or obstruct ombudsman or officer of ombudsman
PART 5 - OTHER PROVISIONS SUPPORTING PERFORMANCE OF OMBUDSMAN’S FUNCTIONS
- 44 Application of Criminal Code
- 45 Information disclosure and privilege
- 46 Disclosure of certain matters not required
- 47 Protection of person helping ombudsman
- 48 Inadmissibility of particular information in proceedings
PART 6 - REPORTS AND RECOMMENDATIONS
Division 1 - Reports on particular investigations
- 49 Investigations to which div 1 applies
- 50 Report and recommendations
- 51 Action after report making recommendations
Division 2 - Other reports
- 52 Report to Assembly on ombudsman’s initiative
- 53 Report on parliamentary reference
- 54 Other reports on authority of speaker
Division 3 - Miscellaneous
- 55 Report containing adverse comment
- 56 Report not to disclose identities in particular circumstances
- 57 Information to complainant on completion of investigation
- 57A Copy of report may be given to particular persons
- 57B Particular reports may be given to chief executive (child safety)
PART 7 - PARTICULAR PROVISIONS ABOUT THE OMBUDSMAN AND INSPECTOR OF DETENTION SERVICES
Division 1 - Appointment
- 58 Appointment as ombudsman and inspector of detention services
- 59 Procedure before appointment
- 60 Ineligibility for appointment
- 61 Term of appointment
- 62 Remuneration and conditions
- 63 Oath before performing duties
- 63A Declaration of interests
- 63B Conflicts of interest
- 64 Restriction on outside employment
- 65 Acting ombudsman and inspector of detention services
Division 2 - Removal or suspension from office
- 66 Grounds for removal or suspension from office as the ombudsman and inspector of detention services
- 67 Removal of ombudsman and inspector of detention services on address
- 68 Suspension of ombudsman and inspector of detention services on address
- 69 Suspension of ombudsman and inspector of detention services if Assembly not sitting
- 70 Acts Interpretation Act 1954
Division 3 - Resignation and vacation of office
PART 8 - ADMINISTRATION
Division 1 - Establishment and control of office
- 73 Office of the Ombudsman
- 74 Control of ombudsman office
- 75 Officers not subject to outside direction
- 75A Ombudsman office not public sector entity
- 75B Ombudsman office to comply with obligations relating to equity, diversity, respect and inclusion
- 75C Application of provisions of Public Sector Act 2022
Division 2 - Staff of the office
- 76 Officers
- 77 Secondment as officer of ombudsman
- 78 Temporary and casual employees
- 78A Restriction on employment or secondment of person
- 78B Criminal history report
- 78C Confidentiality of criminal history information
Division 3 - Preservation of rights
- 79 Preservation of rights if public service officer appointed
- 80 Preservation of rights if person becomes public service officer
- 81 Preservation of ombudsman’s rights if not previously public service officer
- 82 Preservation of rights if public service officer seconded
Division 4 - Strategic review
- 83 Strategic review of ombudsman office
- 84 Conduct of strategic review
- 85 Report of strategic review
Division 5 - Other matters
PART 9 - PARLIAMENTARY COMMITTEE
- 89 Functions
PART 10 - MISCELLANEOUS
- 90 Right to interpreter or other help
- 91 Prohibiting publication of information
- 91A Disclosure of information
- 92 Secrecy
- 92A Protection in particular proceedings
- 93 Protection from liability
- 94 Regulation-making power
PART 11 - REPEAL AND AMENDMENT
- 95 Repeal of Parliamentary Commissioner Act 1974
PART 12 - TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Provisions for Act No. 73 of 2001
- 97 Definitions for pt 12
- 98 Continuation of appointments
- 99 Continuation of actions
- 100 Investigation of certain administrative action
- 101 Strategic review
- 102 Parliamentary Commissioner Act 1974 references
- 103 Parliamentary commissioner and other references
Division 2 - Provision for Integrity Reform (Miscellaneous Amendments) Act 2010
- 104 Declaration of interests
Division 3 - Provisions for Child Protection Reform Amendment Act 2014
- 105 Definitions for div 3
- 106 Complaints made to former commissioner
- 107 Complaints made in former commissioner’s own name
- 108 Complaints documents
- 109 Current requirements under CCYPCG Act, ch 4
- 110 Delegation of power to make a report or recommendation
Division 4 - Provision for Court and Civil Legislation Amendment Act 2017
Division 5 - Provision for Inspector of Detention Services Act 2022
Division 6 - Provision for Integrity and Other Legislation Amendment Act 2022
- 113 Period for next strategic review of ombudsman office
Division 8 - Validation provision for inspector of detention services
- 120 Performance of duties of inspector of detention services before taking oath