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OMBUDSMAN ACT 2001 - As at 27 October 2023 - Act 73 of 2001

- As at 27 October 2023 - Act 73 of 2001

Table 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

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

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 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

  • 71 Resignation
  • 72 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

  • 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
  • 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

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