Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 20

Role of Ombudsman in relation to certain administrative actions

20. Role of Ombudsman in relation to certain administrative actions



(1) The Ombudsman may enquire into or investigate-

   (a)  any administrative action of a registered community service in
        carrying out any duty or function or exercising any power under this
        Act; and

   (b)  any administrative action of a person authorised under section 18 or
        19 in carrying out any duty or function or exercising any power under
        this Act; and

   (c)  any administrative action by an authorised assessor under Division 5
        of Part 3.3; and

   (d)  any administrative action of an authorised investigator under Division
        4 of Part 3.4.

Note Under the Ombudsman Act 1973, an administrative action is defined as
including, among other things, a refusal or failure to take a decision, or to
perform an act. As a result of subsection (2), this definition applies to
references to administrative actions in this subsection.

(2) For the purposes of subsection (1), the Ombudsman Act 1973 applies as if-

   (a)  the registered community service, authorised person, authorised
        assessor or authorised investigator were a public statutory body
        within the meaning of that Act; and

   (b)  the senior executive officer of the registered community service (by
        whatever title he or she is known) were the principal officer of that
        public statutory body; and

   (c)  a reference to the responsible Minister in sections 17 and 23(3) of
        that Act were a reference to the Minister responsible for
        administering this section.