OMBUDSMAN ACT 1972 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 3. Interpretation 5. Non-application of Act PART 2--The Ombudsman 6. Appointment of Ombudsman 7. Ombudsman not to engage in any remunerative employment 8. Acting Ombudsman 9. Delegation 10. Term of office of the Ombudsman etc 11. Ombudsman is not a Public Service employee 12. Officers of the Ombudsman PART 3--Investigations 13. Matters subject to investigation 14. Parliament may refer matter for investigation 14A. Administrative audits 15. Persons who may make complaints 15A. Offence in relation to complaints 16. Time within which complaints may be made 17. Certain complaints need not be entertained etc 17A. Conciliation 18. Procedure on investigations 19. Ombudsman to have powers of a Royal Commission 19A. Ombudsman may issue direction in relation to administrative act 20. No obligation on persons to maintain secrecy 21. Protection for proceedings in Cabinet 22. Secrecy 23. Entry and inspection 24. Obstruction 25. Proceedings on the completion of an investigation 26. Publication of report of investigation 27. Report to complainant 28. Determination of the Ombudsman's jurisdiction PART 4--Miscellaneous 29. Annual report 30. Immunity from liability 31. Conferral of certain functions on Statutory Officers Committee 32. Use of word "Ombudsman" by agencies to which Act applies in describing internal reviews prohibited 33. Regulations Legislative history OMBUDSMAN ACT 1972 - LONG TITLE An Act to provide for the appointment of an Ombudsman to investigate the exercise of the administrative powers of certain agencies; to provide for the powers, functions and duties of the Ombudsman; and for other purposes. OMBUDSMAN ACT 1972 - SECT 1 1--Short title This Act may be cited as the Ombudsman Act 1972. OMBUDSMAN ACT 1972 - SECT 3 3--Interpretation (1) In this Act, unless the contrary intention appears-- "act" includes-- (a) an omission; (b) a decision, proposal or recommendation (including a recommendation made to a Minister of the Crown), and the circumstances surrounding an act; "administrative act" means-- (a) an act relating to a matter of administration on the part of an agency to which this Act applies or a person engaged in the work of such an agency; or (b) an act done in the performance of functions conferred under a contract for services with the Crown or an agency to which this Act applies, but does not include-- (c) an act done in the discharge of a judicial authority; or (d) an act done by a person in the capacity of legal adviser to the Crown; or (e) an act of a class declared by the regulations not to be an administrative act for the purposes of this definition; "administrative unit" means an administrative unit under the Public Sector Management Act 1995; "agency to which this Act applies" means-- (a) a person who holds an office established by an Act; or (b) an administrative unit; or (c) a council; or (ca) a regional development assessment panel or a council development assessment panel constituted under section 34 or 56A of the Development Act 1993; or (d) any incorporated or unincorporated body-- (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co-operatives, societies or other voluntary organisations); or (iii) established or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act or an enactment); or (e) a person or body declared by the regulations to be an agency to which this Act applies, but does not include a person or body declared by the regulations to be an agency to which this Act does not apply; "complainant" in relation to an investigation means the person or persons whose complaint gave rise to that investigation; "complaint" in relation to an administrative act, means a complaint that gives rise or may give rise to an investigation into that administrative act; "council" means a council within the meaning of the Local Government Act 1999; "investigation" means an investigation by the Ombudsman under this Act in relation to an administrative act; "officer of the Ombudsman" means-- (a) a person employed in the Public Service and assigned to work in the office of the Ombudsman; or (b) a person employed under section 12; "principal officer" in relation to an agency to which this Act applies means-- (a) if the agency consists of a single person (including a corporation sole but not any other body corporate)--that person; (b) if the agency is a council--the principal member of the council; (c) if the agency consists of an unincorporated board or committee--the presiding officer; (d) in any other case--the chief executive officer of the agency or a person declared by the regulations to be the principal officer of the agency; "responsible Minister" in relation to an agency to which this Act applies means-- (a) if the agency is an administrative unit--the Minister responsible for that administrative unit; (b) if the agency is a council--the Minister responsible for the administration of the Local Government Act 1999; (c) if the agency is a body established by or under an Act--the Minister responsible for the administration of that Act; (d) in any other case--the Minister declared by the regulations to be the responsible Minister for the agency or, in the absence of such a declaration, the Minister responsible for the administration of this Act; "Statutory Officers Committee" means the committee of that name established under the Parliamentary Committees Act 1991; "the Ombudsman" includes a person acting in the office of the Ombudsman. (2) For the purposes of this Act-- (a) a person engaged or employed in the administration of, or in the performance of functions in or on behalf of, an agency to which this Act applies will be taken to be engaged in the work of that agency; and (b) deputy sheriffs and sheriff's officers will be taken to be engaged in the work of the sheriff and the sheriff will be regarded as an employer in relation to deputy sheriffs and sheriff's officers. (3) The Governor may, by regulation-- (a) declare a person or body to be an agency to which this Act applies; or (b) declare a person or body to be an agency to which this Act does not apply; or (c) declare a person to be the principal officer of an agency to which this Act applies; or (d) declare a Minister to be the responsible Minister for an agency to which this Act applies. (4) A regulation under subsection (3)(a) cannot take effect unless it has been laid before both Houses of Parliament and-- (a) no motion for disallowance of the regulation is moved within the time for such a motion; or (b) every motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed. (5) A regulation under subsection (3)(b) may declare part of an administrative unit to be part of an administrative unit to which this Act does not apply. OMBUDSMAN ACT 1972 - SECT 5 5--Non-application of Act (1) This Act does not apply to or in relation to any Commission or tribunal for the time being declared by proclamation to be a Commission or tribunal to which this Act does not apply. (2) This Act does not apply to or in relation to-- (a) any complaint to which the Police (Complaints and Disciplinary Proceedings) Act 1985 applies; or (b) any matter to which that Act would apply if the matter were the subject of a complaint under that Act. OMBUDSMAN ACT 1972 - SECT 6 6--Appointment of Ombudsman (1) The Governor may, on a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Ombudsman. (1a) On a vacancy occurring in the office of the Ombudsman, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee. (2) The terms and conditions of appointment and employment (including salary and allowances) of the Ombudsman shall be as determined from time to time by the Governor. (3) This section is, without further appropriation, sufficient authority for the payment of the salary and allowances of the Ombudsman out of the General Revenue of the State. OMBUDSMAN ACT 1972 - SECT 7 7--Ombudsman not to engage in any remunerative employment The Ombudsman must not, without the consent of the Minister, engage in any remunerative employment or undertaking outside official duties. OMBUDSMAN ACT 1972 - SECT 8 8--Acting Ombudsman (1) If for any reason-- (a) the Ombudsman is temporarily unable to perform official duties; or (b) the office of the Ombudsman is temporarily vacant, the Governor may, by notice published in the Gazette, appoint a person to act in the office of the Ombudsman and a person so appointed has, while so acting, all the powers, functions and duties of the Ombudsman. (1a) A person who is a Public Service employee may be appointed under this section to act in the office of the Ombudsman while remaining a Public Service employee for a term not exceeding three months and may, on the expiration of that term, be reappointed (provided that the terms of appointment do not exceed six months in aggregate in any period of 12 months). (2) Subject to this Act, the terms and conditions of appointment and employment (including the salary and allowances) of the person appointed under subsection (1) shall be as determined, from time to time, by the Governor. (3) This section is, without further appropriation, sufficient authority for the payment of the salary and allowances of an acting Ombudsman out of the General Revenue of the State. OMBUDSMAN ACT 1972 - SECT 9 9--Delegation (1) The Ombudsman may, by instrument in writing, delegate powers or functions under this or any other Act (except this power of delegation) to any person. (2) The Ombudsman may by instrument in writing revoke or vary any delegation given under subsection (1). (3) The exercise or performance of any power or function by a delegate pursuant to subsection (1) does not affect the exercise or performance of that power or function by the Ombudsman. OMBUDSMAN ACT 1972 - SECT 10 10--Term of office of the Ombudsman etc (1) The Ombudsman shall be appointed for a term expiring on the day on which he or she attains the age of 65 years. (2) The Governor may remove the Ombudsman from office upon the presentation of an address from both Houses of Parliament seeking the Ombudsman's removal. (3) The Governor may suspend the Ombudsman from office on the ground of incompetence or misbehaviour and, in that event-- (a) a full statement of the reason for the suspension must be laid before both Houses of Parliament within seven days of the suspension if Parliament is then in session or, if not, within seven days of the commencement of the next session of Parliament; and (b) if, at the expiration of one month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Ombudsman's removal has not been presented to the Governor, the Ombudsman must be restored to office. (4) The office of Ombudsman becomes vacant if the Ombudsman-- (a) dies; or (b) attains the age of 65 years; or (c) resigns by written notice delivered to the Governor; or (d) is removed from office by the Governor under subsection (2); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or (h) becomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office. (5) Except as is provided by this section, the Ombudsman shall not be removed or suspended from office, nor shall the office of the Ombudsman become vacant. OMBUDSMAN ACT 1972 - SECT 11 11--Ombudsman is not a Public Service employee (1) The Ombudsman is not a Public Service employee. (2) If an Ombudsman was, immediately before appointment as such, employed in the Public Service, the Ombudsman retains existing and accruing rights in respect of leave. OMBUDSMAN ACT 1972 - SECT 12 12--Officers of the Ombudsman (1) The Ombudsman's staff consists of-- (a) Public Service employees assigned to work in the office of the Ombudsman; and (b) if appointments have been made under subsection (3)--the persons holding those appointments. (2) The Minister may, by notice in the Gazette-- (a) exclude Public Service employees on the Ombudsman's staff from specified provisions of the Public Sector Management Act 1995; and (b) if the Minister thinks that certain provisions should apply to such employees instead of those from which they are excluded under paragraph (a)--determine that those provisions will so apply, and such a notice has effect in accordance with its terms. (3) The Ombudsman may, with the consent of the Minister, appoint staff for the purposes of this Act. (4) The terms and conditions of employment of a person appointed under subsection (3) will be determined by the Governor and such a person is not a Public Service employee. OMBUDSMAN ACT 1972 - SECT 13 13--Matters subject to investigation (1) Subject to this Act, the Ombudsman may investigate any administrative act. (2) The Ombudsman may make such an investigation either on receipt of a complaint or on the Ombudsman's own initiative and, where a complaint is made, the Ombudsman may investigate an administrative act notwithstanding that, on the face of it, the complaint may not appear to relate to that administrative act. (3) The Ombudsman must not investigate any administrative act where-- (a) the complainant is provided in relation to that administrative act with a right of appeal, reference or review to a court, tribunal, person or body under any enactment or by virtue of Her Majesty's prerogative; or (b) the complainant had a remedy by way of legal proceedings, unless the Ombudsman is of the opinion that it is not reasonable, in the circumstances of the case, to expect that the complainant should resort or should have resorted to that appeal, reference, review or remedy. (4) The Ombudsman may investigate any administrative act, notwithstanding any enactment that provides that that administrative act is final or not to be appealed against, challenged, reviewed, quashed or called into question. OMBUDSMAN ACT 1972 - SECT 14 14--Parliament may refer matter for investigation (1) Subject to this section, either House of Parliament, or any committee of either of those Houses, or a joint committee of both Houses of Parliament, may refer to the Ombudsman, for investigation and report, any matter that is within the jurisdiction of the Ombudsman and which that House or committee considers should be investigated by the Ombudsman. (2) The Ombudsman must carry out an investigation into any matter referred to him or her under this section and, following that investigation, must submit a report on the matter to-- (a) if the matter was referred to the Ombudsman by the Legislative Council or a committee of the Legislative Council--the President of the Legislative Council; (b) if the matter was referred to the Ombudsman by the House of Assembly or a committee of the House of Assembly--the Speaker of the House of Assembly; (c) if the matter was referred to the Ombudsman by a joint committee of both Houses of Parliament--the President of the Legislative Council and the Speaker of the House of Assembly. (3) If-- (a) the person affected by an administrative act is provided in relation to that act with a right of appeal, reference or review to a court, tribunal, person or body under any enactment or by virtue of Her Majesty's prerogative; or (b) the person affected by an administrative act had a remedy by way of legal proceedings; or (c) 12 months have elapsed since the person affected by an administrative act had notice of the administrative act, the administrative act is not to be referred to the Ombudsman by a House of Parliament or committee under this section unless the House or committee resolves that, in all the circumstances of the case, the administrative act warrants investigation by the Ombudsman despite the availability of that appeal, reference, review or remedy or the passage of time since the person affected had notice of the administrative act. OMBUDSMAN ACT 1972 - SECT 14A 14A--Administrative audits (1) If the Ombudsman considers it to be in the public interest to do so, the Ombudsman may conduct a review of the administrative practices and procedures of an agency to which this Act applies. (2) The provisions of this Act apply in relation to a review under subsection (1) as if it were an investigation of an administrative act under this Act, subject to such modifications as may be necessary, or as may be prescribed. OMBUDSMAN ACT 1972 - SECT 15 15--Persons who may make complaints (1) A complaint in respect of an administrative act may be made by any person or body of persons. (2) Where the person by whom a complaint in respect of an administrative act might have been made has died or is unable to make the complaint personally, the complaint may be made by a person who is, in the Ombudsman's opinion, a suitable representative of that person. (3) A complaint in respect of an administrative act that could, apart from this subsection, be made by a person or body of persons may, with the consent of that person or body, be made on behalf of that person or body by a member of either House of Parliament and with the consent of that person or body that member may act on behalf of that person or body in and in connection with all matters relating to the matter of complaint. (3a) Except as provided by this section, a complaint must not be entertained by the Ombudsman unless made by a person or body of persons directly affected by the administrative act to which the complaint relates. (4) Notwithstanding any enactment prohibiting or restricting, or authorising the imposition of prohibitions or restrictions on, communication, a person having the care or custody of another person shall not refuse or fail to take all steps necessary to facilitate any communication by that other person necessary for or incidental to a complaint under this Act and to ensure the privacy of that communication. Penalty: $2 000. OMBUDSMAN ACT 1972 - SECT 15A 15A--Offence in relation to complaints A person who-- (a) prevents another person from making a complaint under this Act; or (b) hinders or obstructs another person in making a complaint under this Act, is guilty of an offence. Penalty: $2 000. OMBUDSMAN ACT 1972 - SECT 16 16--Time within which complaints may be made (1) Subject to this section a complaint under this Act must not be entertained by the Ombudsman if it is made after 12 months from the day on which the complainant first had notice of the matters alleged in the complaint unless the Ombudsman is of the opinion that, in all the circumstances of the case, it is proper to entertain the complaint. (2) For the purposes of this section a complainant will be presumed to have had notice of the matters alleged in the complaint at the time he or she might reasonably be expected to have had such notice. OMBUDSMAN ACT 1972 - SECT 17 17--Certain complaints need not be entertained etc (1) The Ombudsman must not proceed with the investigation of a complaint if it appears that-- (a) the person by or on whose behalf the complaint is made is an employee; and (b) the complaint relates to an administrative act done by another in the capacity of an employer of that person. (2) The Ombudsman may refuse to entertain a complaint, or, having commenced to investigate a matter raised in a complaint, may refuse to continue the investigation if of the opinion-- (a) that the matter raised in the complaint is trivial; or (b) that the complaint is frivolous or vexatious or is not made in good faith; or (c) that the complainant or the person on whose behalf the complaint was made has not a sufficient personal interest in the matter raised in the complaint; or (d) that having regard to all the circumstances of the case, the investigation or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable. (3) Where a complaint is made and the Ombudsman decides not to investigate the complaint, or to discontinue an investigation, the Ombudsman must inform the complainant of that decision and of the reasons for it. OMBUDSMAN ACT 1972 - SECT 17A 17A--Conciliation (1) The Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation. (2) The Ombudsman may, in attempting conciliation under this section, act personally or through some other person. (3) The Ombudsman may, if satisfied that the subject of a complaint has been properly resolved by conciliation under this section, determine that the complaint should not be investigated or further investigated under this Act. OMBUDSMAN ACT 1972 - SECT 18 18--Procedure on investigations (1) Notwithstanding any other provision of this Part, the Ombudsman may make a preliminary investigation of an administrative act to determine whether to proceed with a full investigation of that act. (1a) The Ombudsman must, before proceeding with a full investigation of an administrative act, inform the principal officer of the relevant agency of the decision to proceed with such an investigation. (2) Every investigation under this Act must be conducted in private. (3) The Ombudsman-- (a) is not required to hold a hearing for the purposes of an investigation; (b) may obtain information from such persons and in such manner as the Ombudsman thinks fit; (c) may determine whether any person to whom an investigation relates may have legal or other representation. (4) Before making a report affecting an agency to which this Act applies the Ombudsman must allow the principal officer of the agency a reasonable opportunity to comment on the subject matter of the report. (5) The Ombudsman must report any evidence of breach of duty or misconduct on the part of a member, officer or employee of an agency to which this Act applies to the principal officer of the agency. (6) Subject to this Act, the procedure to be adopted in relation to an investigation will be as determined by the Ombudsman. OMBUDSMAN ACT 1972 - SECT 19 19--Ombudsman to have powers of a Royal Commission For the purposes of an investigation the Ombudsman has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if-- (a) the Ombudsman were a commission as so defined; and (b) the subject matter of the investigation were set out in a commission of inquiry issued by the Governor under that Act. OMBUDSMAN ACT 1972 - SECT 19A 19A--Ombudsman may issue direction in relation to administrative act (1) The Ombudsman may, by notice in writing, direct an agency to which this Act applies to refrain from performing an administrative act specified in the notice for any period specified in the notice. (2) A notice or notices issued under this section must not require an agency to refrain from performing an administrative act for more than 45 days in aggregate. (3) The Ombudsman must not issue a notice under this section unless satisfied-- (a) that the relevant administrative act is likely to prejudice-- (i) an investigation or proposed investigation; or (ii) the effect or implementation of a recommendation that the Ombudsman might make as a result of an investigation or proposed investigation; and (b) that compliance with the notice by the agency would not result in the agency breaching a contract or other legal obligation or cause any third parties undue hardship; and (c) that issue of the notice is necessary to prevent serious hardship to a person. (4) The Ombudsman may, at any time, revoke a notice under this section and must revoke a notice if satisfied that the notice should not have been issued because the circumstances did not fall properly within those described in subsection (3). (5) If, following receipt of a notice under this section, the agency is of the opinion that, in the circumstances, failure to comply with the terms of the notice would be reasonable and justifiable, the agency may determine not to comply with the notice (in which case it must advise the Ombudsman of that determination, in writing, as soon as practicable). (6) If an agency that has received a notice under this section fails to comply with the terms of the notice, the following provisions apply: (a) the principal officer of the agency must, at the request of the Ombudsman, report to the Ombudsman within the time allowed in the request on the reasons for the agency's failure to comply with the notice; (b) if, following receipt of the principal officer's report, the Ombudsman is of the opinion that the agency's failure to comply with the notice was unjustified or unreasonable, the Ombudsman may make a report on the matter to the Premier; (c) the Ombudsman may forward copies of any report to the Premier to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses. (7) A power or function of the Ombudsman under this section must not be delegated. (8) This section does not apply in relation to the sheriff. OMBUDSMAN ACT 1972 - SECT 20 20--No obligation on persons to maintain secrecy No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the service of the Crown or an agency to which this Act applies, whether imposed by any enactment or by a rule of law applies to the disclosure of information for the purposes of an investigation by the Ombudsman and, except as is provided in this Act, the Crown is not entitled, in relation to any such investigation, to privilege in respect of the production of documents or the giving of evidence. OMBUDSMAN ACT 1972 - SECT 21 21--Protection for proceedings in Cabinet (1) No person shall be required or authorised by virtue of this Act-- (a) to furnish any information or answer any questions relating to the proceedings of the Cabinet or of any committee of the Cabinet; or (b) to produce or inspect so much of any document as relates to any such proceedings. (2) For the purposes of this section a certificate issued under the hand of the Minister certifying that any information or question or any document or part of a document relates to the proceedings referred to in subsection (1) is conclusive evidence of the fact so certified. OMBUDSMAN ACT 1972 - SECT 22 22--Secrecy (1) Information obtained by or on behalf of the Ombudsman in the course of or for the purpose of an investigation under this Act must not be disclosed except-- (a) for the purposes of the investigation and of any report or recommendation to be made under this Act; or (b) for the purposes of any proceedings under the Royal Commissions Act 1917 or under this Act. (2) A person shall not disclose any information referred to in subsection (1) contrary to the provisions of that subsection. Penalty: $2 000. OMBUDSMAN ACT 1972 - SECT 23 23--Entry and inspection For the purposes of an investigation, the Ombudsman or a person authorised by the Ombudsman may enter and inspect any premises or place occupied by an agency to which this Act applies and anything in or on those premises or that place. OMBUDSMAN ACT 1972 - SECT 24 24--Obstruction A person shall not-- (a) without lawful excuse obstruct, hinder or resist the Ombudsman or other person in the exercise or performance of powers or functions conferred by or under this Act; or (b) without lawful excuse fail or refuse to comply with any lawful requirement of the Ombudsman or any other person under this Act; or (c) wilfully make any statement that is false or untrue in a material particular to the Ombudsman or any other person acting in the exercise of powers under this Act. Penalty: $2 000. OMBUDSMAN ACT 1972 - SECT 25 25--Proceedings on the completion of an investigation (1) This section applies to any investigation conducted by the Ombudsman as a result of which the Ombudsman is of the opinion that the administrative act to which the investigation relates-- (a) appears to have been made contrary to law; or (b) was unreasonable, unjust, oppressive or improperly discriminatory; or (c) was in accordance with a rule of law or a provision of an enactment or a practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or (d) was done in the exercise of a power or discretion and was so done for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations; or (e) was done in the exercise of a power or discretion and the reasons for the act were not but should have been given; or (f) was based wholly or in part on a mistake of law or fact; or (g) was wrong. (1a) This section does not apply to an investigation conducted under section 14. (2) In the case of an investigation to which this section applies in which the Ombudsman is of the opinion-- (a) that the subject matter of the investigation should be referred back to the appropriate agency for further consideration; or (b) that action can be, and should be, taken to rectify, or mitigate or alter the effects of, the administrative act to which the investigation related; or (c) that the practice in accordance with which the administrative act was done should be varied; or (d) that any law in accordance with which or on the basis of which the action was taken should be amended or repealed; or (e) that the reason for any administrative act should be given; or (f) that any other steps should be taken, the Ombudsman must report that opinion and the reasons for it to the principal officer of the relevant agency and may make such recommendations as the Ombudsman thinks fit. (3) The Ombudsman must send a copy of any report or recommendation made under subsection (2) to the responsible Minister and, in the case of a report or recommendation relating to the sheriff, to the State Courts Administration Council. (4) The principal officer of an agency in relation to which a recommendation is made under subsection (2) must, at the request of the Ombudsman, report to the Ombudsman within a time allowed in the request on what steps have been taken to give effect to the recommendation and, if no such steps have been taken, the reason for the inaction. (5) If it appears to the Ombudsman that appropriate steps have not been taken to give effect to a recommendation made under this section, the Ombudsman may make a report on the matter (containing a copy of the earlier report and the recommendation) to the Premier. (6) Where the Ombudsman reports to the Premier under subsection (5), the Ombudsman may forward copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses. OMBUDSMAN ACT 1972 - SECT 26 26--Publication of report of investigation If the Ombudsman considers it to be in the public interest or the interests of an agency to which this Act applies to do so, the Ombudsman may have a report on an investigation published in such manner as the Ombudsman thinks fit. OMBUDSMAN ACT 1972 - SECT 27 27--Report to complainant (1) The Ombudsman must inform a complainant of the result of an investigation made on the complaint. (2) If-- (a) a complaint is investigated; and (b) the Ombudsman makes a recommendation under this Act in relation to the subject matter of the complaint; and (c) the Ombudsman is of the opinion that reasonable steps have not been taken to implement the recommendation within a reasonable time, the Ombudsman must inform the complainant of that opinion and may make any further comments on the matter that appear appropriate in the circumstances. OMBUDSMAN ACT 1972 - SECT 28 28--Determination of the Ombudsman's jurisdiction Where-- (a) an investigation has been commenced or is proposed under this Act; and (b) a question arises as to whether the Ombudsman has jurisdiction to conduct the investigation, the Supreme Court may, on the application of the Ombudsman, an agency to which this Act applies or the principal officer of such an agency, determine the question and make any orders necessary to give effect to the determination. OMBUDSMAN ACT 1972 - SECT 29 29--Annual report (1) The Ombudsman must in each year prepare a report on the work of the Ombudsman's office during the preceding year and send copies of the report to the President of the Legislative Council and the Speaker of the House of Assembly to be laid before their respective Houses at the earliest opportunity. (2) The Ombudsman must send a copy of each annual report to the Minister. OMBUDSMAN ACT 1972 - SECT 30 30--Immunity from liability (1) No liability attaches to the Ombudsman or any member of the Ombudsman's staff for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act. (2) Except for the purposes of an application under section 28, neither the Ombudsman nor any member of the Ombudsman's staff can be called to give evidence before any court in any judicial proceedings, on a matter coming to his or her notice in the course of exercising powers or functions under this or any other Act. (3) In this section-- "member of the Ombudsman's staff" includes any person to whom powers or functions have been delegated under this Act. OMBUDSMAN ACT 1972 - SECT 31 31--Conferral of certain functions on Statutory Officers Committee (1) The Statutory Officers Committee has, in addition to its other functions, the following functions: (a) to consider matters relating to the general operation of this Act; (b) to provide, on or before 31 December in each year, an annual report to Parliament on the work of the Committee relating to this Act during the preceding financial year. (2) In considering matters relating to the general operation of this Act, the Committee must not engage in a review of any particular decision of the Ombudsman. OMBUDSMAN ACT 1972 - SECT 32 32--Use of word "Ombudsman" by agencies to which Act applies in describing internal reviews prohibited An agency to which this Act applies must not use the word "Ombudsman" in describing a process or procedure by which the agency investigates and resolves complaints against the agency, or in describing a person responsible for carrying out such a process or procedure. OMBUDSMAN ACT 1972 - SECT 33 33--Regulations The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. OMBUDSMAN ACT 1972 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1972 115 Ombudsman Act 1972 23.11.1972 14.12.1972 (Gazette 14.12.1972 p2629) 1974 14 Ombudsman Act Amendment Act 1974 4.4.1974 4.4.1974 1984 5 Ombudsman Act Amendment Act 1984 19.4.1984 19.4.1984 1985 24 Ombudsman Act Amendment Act 1985 28.3.1985 1.9.1985 (Gazette 29.8.1985 p604): s 2 1985 59 Statutes Amendment (Remuneration) Act 1985 30.5.1985 13.6.1985 (Gazette 13.6.1985 p2132) 1986 103 Ombudsman Act Amendment Act 1986 18.12.1986 10.3.1987 (Gazette 5.2.1987 p248) 1988 56 Ombudsman Act Amendment Act 1988 8.9.1988 8.9.1988 1990 18 Statutes Repeal and Amendment (Remuneration) Act 1990 19.4.1990 19.4.1990 (Gazette 19.4.1990 p1136) 1996 52 Ombudsman (Miscellaneous) Amendment Act 1996 1.8.1996 4.11.1996 (Gazette 24.10.1996 p1416) 1997 22 Electoral (Miscellaneous) Amendment Act 1997 27.3.1997 28.8.1997 (Gazette 28.8.1997 p456) 1999 88 Statutes Amendment (Universities) Act 1999 2.12.1999 Pt 3 (s 5)--23.12.1999 (Gazette 23.12.1999 p3670) 2000 49 Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000 20.7.2000 Pt 4 (ss 18--22)--29.9.2000 (Gazette 28.9.2000 p2221) 2002 36 Ombudsman (Honesty and Accountability in Government) Amendment Act 2002 28.11.2002 1.7.2004 (Gazette 1.7.2004 p2399) 2006 15 Development (Panels) Amendment Act 2006 29.6.2006 Sch 1 (cl 2)--23.11.2006 (Gazette 23.11.2006 p4078) Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 710. * Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 10 March 1987. A Schedule of these alterations was laid before Parliament on 31 March 1987. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 36/2002 s 3 1.7.2004 Pt 1 s 2 deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted s 3 s 3(1) administrative act substituted by 103/1986 s 4 (Sch) 10.3.1987 amended by 49/2000 s 18(a) 29.9.2000 substituted by 36/2002 s 4(a) 1.7.2004 administrative unit inserted by 36/2002 s 4(a) 1.7.2004 act inserted by 103/1986 s 4 (Sch) 10.3.1987 agency to which this Act applies inserted by 103/1986 s 4 (Sch) 10.3.1987 amended by 52/1996 s 3(a) 4.11.1996 substituted by 36/2002 s 4(a) 1.7.2004 amended by 15/2006 Sch 1 cl 2 23.11.2006 authority substituted by 103/1986 s 3 10.3.1987 amended by 52/1996 s 3(b) 4.11.1996 amended by 88/1999 s 5 23.12.1989 amended by 49/2000 s 18(b) 29.9.2000 deleted by 36/2002 s 4(a) 1.7.2004 Committee inserted by 52/1996 s 3(c) 4.11.1996 deleted by 22/1997 Sch 3 cl 2(a) 28.8.1997 council substituted by 36/2002 s 4(b) 1.7.2004 department substituted by 103/1986 s 4 (Sch) 10.3.1987 deleted by 36/2002 s 4(b) 1.7.2002 investigation amended by 103/1986 s 4 (Sch) 10.3.1987 officer of the Ombudsman substituted by 103/1986 s 4 (Sch) 10.3.1987 principal officer substituted by 103/1986 s 4 (Sch) 10.3.1987 amended by 52/1996 s 3(d), (e) 4.11.1996 substituted by 36/2002 s 4(c) 1.7.2004 proclaimed council deleted by 52/1996 s 3(f) 4.11.1996 responsible Minister substituted by 103/1986 s 4 (Sch) 10.3.1987 amended by 52/1996 s 3(g) 4.11.1996 substituted by 36/2002 s 4(c) 1.7.2004 Statutory Officers Committee inserted by 36/2002 s 4(c) 1.7.2004 Ombudsman substituted by 103/1986 s 4 (Sch) 10.3.1987 s 3(2) substituted by 103/1986 s 4 (Sch) 10.3.1987 substituted by 49/2000 s 18(c) 29.9.2000 s 3(3) substituted by 103/1986 s 4 (Sch) 10.3.1987 (d) deleted by 52/1996 s 3(h) 4.11.1996 substituted by 36/2002 s 4(d) 1.7. 2004 s 3(4) and (5) inserted by 36/2002 s 4(d) 1.7.2004 ss 4 and 4A deleted by 103/1986 s 4 (Sch) 10.3.1987 s 5 s 5(2) substituted by 24/1985 s 3 1.9.1985 Pt 2 s 6 s 6(1) substituted by 103/1986 s 4 (Sch) 10.3.1987 amended by 52/1996 s 4(a) 4.11.1996 substituted by 22/1997 Sch 3 cl 2(b) 28.8.1997 s 6(1a) inserted by 52/1996 s 4(b) 4.11.1996 substituted by 22/1997 Sch 3 cl 2(b) 28.8.1997 amended by 36/2002 s 5 1.7.2004 s 6(2) substituted by 59/1985 s 13 13.6.1985 amended by 18/1990 s 17(a) 19.4.1990 s 6(2a) inserted by 59/1985 s 13 13.6.1985 deleted by 18/1990 s 17(b) 19.4.1990 s 6(3) amended by 103/1986 s 4 (Sch) 10.3.1987 s 7 amended by 103/1986 s 4 (Sch) 10.3.1987 s 8 s 8(1) amended by 103/1986 s 4 (Sch) 10.3.1987 s 8(1a) inserted by 52/1996 s 5 4.11.1996 s 8(3) substituted by 103/1986 s 4 (Sch) 10.3.1987 s 9 s 9(1) substituted by 103/1986 s 4 (Sch) 10.3.1987 amended by 49/2000 s 19 29.9.2000 s 10 s 10(3) and (4) substituted by 103/1986 s 4 (Sch) 10.3.1987 s 11 substituted by 103/1986 s 4 (Sch) 10.3.1987 s 12 substituted by 103/1986 s 4 (Sch) 10.3.1987 s 12(2) amended by 52/1996 s 6 4.11.1996 Pt 3 s 13 s 13(2)--(4) amended by 103/1986 s 4 (Sch) 10.3.1987 s 14 deleted by 103/1986 s 4 (Sch) 10.3.1987 inserted by 52/1996 s 7 4.11.1996 s 14A inserted by 36/2002 s 6 1.7.2004 s 15 s 15(1) amended by 103/1986 s 4 (Sch) 10.3.1987 s 15(2) substituted by 103/1986 s 4 (Sch) 10.3.1987 s 15(3a) inserted by 103/1986 s 4 (Sch) 10.3.1987 s 15(4) amended by 103/1986 s 4 (Sch) 10.3.1987 amended by 56/1988 s 2 8.9.1988 s 15A inserted by 56/1988 s 3 8.9.1988 s 17 s 17(1) and (3) substituted by 103/1986 s 4 (Sch) 10.3.1987 s 17A inserted by 52/1996 s 8 4.11.1996 s 18 s 18(1) substituted by 5/1984 s 2 19.4.1984 amended by 103/1986 s 4 (Sch) 10.3.1987 s 18(1a) inserted by 5/1984 s 2 19.4.1984 substituted by 103/1986 s 4 (Sch) 10.3.1987 s 18(3)--(6) substituted by 103/1986 s 4 (Sch) 10.3.1987 s 19 amended by 103/1986 s 4 (Sch) 10.3.1987 s 19A inserted by 52/1996 s 9 4.11.1996 s 19A(8) inserted by 49/2000 s 20 29.9.2000 s 20 amended by 103/1986 s 4 (Sch) 10.3.1987 s 22 s 22(2) amended by 56/1988 s 4 8.9.1988 s 23 substituted by 103/1986 s 4 (Sch) 10.3.1987 s 24 amended by 103/1986 s 4 (Sch) 10.3.1987 amended by 56/1988 s 5 8.9.1988 s 25 s 25(1a) inserted by 52/1996 s 10 4.11.1996 s 25(2) amended by 103/1986 s 4 (Sch) 10.3.1987 s 25(3) amended by 49/2000 s 21 29.9.2000 s 25(4)--(6) substituted by 103/1986 s 4 (Sch) 10.3.1987 ss 26--30 substituted by 103/1986 s 4 (Sch) 10.3.1987 s 30 s 30(1) amended by 49/2000 s 22(a) 29.9.2000 s 30(2) amended by 49/2000 s 22(b) 29.9.2000 s 30(3) inserted by 52/1996 s 11 4.11.1996 s 31 substituted by 36/2002 s 7 1.7.2004 ss 32 and 33 inserted by 36/2002 s 7 1.7.2004 Sch inserted by 52/1996 s 12 (Sch) 4.11.1996 deleted by 22/1997 Sch 3 cl 2(c) 28.8.1997 Historical versions Reprint--10.3.1987 Reprint No 1--19.4.1990 Reprint No 2--4.11.1996 Reprint No 3--28.8.1997 Reprint No 4--23.12.1999 Reprint No 5--29.9.2000 1.7.2004