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OMBUDSMAN ACT 2001 - SCHEDULE 3

OMBUDSMAN ACT 2001 - SCHEDULE 3

SCHEDULE 3 – Dictionary


"administrative action" see section 7 .


"agency" see section 8 .


"appropriate agency" , for an investigation, means the agency by, in or for which the administrative action the subject of investigation was taken.


"Assembly" means the Legislative Assembly.


"complainant" means a person who is a complainant under section 20 .


"complaint" means a complaint made under section 20 .


"complaints entity" means—

(a) an entity other than the ombudsman that, under an Act, has responsibility for the investigation or review of matters that may include administrative actions of agencies; or
Examples of entities for paragraph (a)—
• the Crime and Corruption Commission
• the human rights commissioner under the Anti-Discrimination Act 1991
• the health ombudsman under the Health Ombudsman Act 2013
• the public guardian under the Public Guardian Act 2014
(b) the ombudsman under the Ombudsman Act 1976 (Cwlth) ; or
(c) an ombudsman under the law of another State.

"conviction" includes a plea of guilty, or a finding of guilt by a court, even though a conviction is not recorded.


"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and—
(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"inspector of detention services" means the inspector of detention services under the Inspector of Detention Services Act 2022 .


"investigation" means investigation under this Act.


"investigation requirement" means a requirement made under section 28 or 29 .


"notice" means written notice.


"officer" , of an agency, includes—
(a) the agency’s principal officer; and
(b) a member of the agency; and
(c) a member of the agency’s staff; and
(d) a person employed by or for the agency.

"officer of the ombudsman" means any of the following—
(a) an officer employed under section 76 ;
(b) a public service officer seconded to the ombudsman office under section 77 ;
(c) a temporary or casual employee under section 78 .

"ombudsman office" , for part 8 , division 1 , means the Office of the Ombudsman.


"operational action" , for a police officer or an officer of the Crime and Corruption Commission, means any action taken in or for performing functions the officer has under powers conferred on the officer by any Act or law, including, for example, the following—
(a) enforcement powers;
(b) investigation, information gathering, search and questioning powers;
(c) arrest and custody powers;
(d) powers for preserving public order and safety;
(e) for a police officer, powers of a public official.
Example—
powers a police officer or an officer of the Crime and Corruption Commission has under the Police Powers and Responsibilities Act 2000

"parliamentary committee" means—
(a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or
(b) if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the ombudsman—that committee; or
(c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

"parliamentary reference" , of an administrative action of an agency, means a reference made under section 19 .


"portfolio area" see the Parliament of Queensland Act 2001 , schedule.


"portfolio committee" see the Parliament of Queensland Act 2001 , schedule.


"preliminary inquiry" means inquiries made under section 22 (1) .


"principal officer" means—
(a) for a department—the chief executive of the department; or
(b) for a local government—the chief executive officer, however named, of the local government; or
(c) for an agency for which a regulation declares the holder of an office to be the principal officer—the holder of the office; or
(d) for another agency
(i) if it is an incorporated body with no members—the person who manages the body’s affairs; or
(ii) if it is a body (whether or not incorporated) constituted by 1 person—the person; or
(iii) if it is a body (whether or not incorporated) constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.

"public authority" see section 9 .


"responsible Minister" means—
(a) for a department—the Minister administering the department; or
(b) for a local government—the Minister administering the Local Government Act 2009 ; or
(d) for an entity that is a public authority under section 9 (1) (a) —the Minister administering the Act by or under which the public authority is established; or
(e) for an entity that is a public authority under section 9 (1) (d) —the Minister administering the Act by or under which the office mentioned in the provision is established; or
(f) for another agency—the Minister declared under a regulation to be the responsible Minister for the agency.

"standing rules and orders" see the Parliament of Queensland Act 2001 , schedule.


"strategic review" means a strategic review conducted under section 83 .