Queensland Consolidated Acts

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Ombudsman Act 2001


TABLE OF PROVISIONS

           Contents

           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

   11.     Ombudsman
   12.     Functions of ombudsman
   13.     Ombudsman not subject to direction

           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

   24.     Investigations generally
   25.     Procedure
   26.     Consultation

           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

   36.     Application for arrest warrant
   37.     Issue of arrest warrant

           Division 3--Contempt

   38.     Contempt of ombudsman
   39.     Punishment of contempt
   40.     Conduct that is contempt and offence

           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

           Division 1--Appointment

   58.     Appointment
   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

           Division 2--Ombudsman may be removed or suspended from office

   66.     Grounds for removal or suspension from office
   67.     Removal of ombudsman on address
   68.     Suspension of ombudsman on address
   69.     Suspension of ombudsman if Assembly not sitting
   70.     Acts Interpretation Act 1954

           Division 3--Resignation and vacation of office

   71.     Resignation
   72.     Vacation of office

           Part 8--Administration

           Division 1--Establishment and control of office

   73.     Office of the Ombudsman
   74.     Control of office
   75.     Officers not subject to outside direction

           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

   86.     Delegation
   87.     Annual report
   88.     Estimates

           Part 9--Parliamentary committee

   89.     Functions

           Part 10--Miscellaneous

   90.     Right to interpreter or other help
   91.     Prohibiting publication 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 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

   111.    Application of s 48
           SCHEDULE 3--DICTIONARY


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