Victorian Consolidated Legislation

OMBUDSMAN ACT 1973

No. 8414 of 1973
Version incorporating amendments as at 1 September 2009

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement

   PART I-INTERPRETATION

   2.      Definitions

   PART II-THE OMBUDSMAN

   3.      Appointment of Ombudsman
   4.      Suspension of Ombudsman
   5.      Salary, allowances and leave of absence
   6.      Acting Ombudsman
           6A-6F. Repealed
   7.      Staff
   8.      Application of Public Administration Act 2004.
   9.      Superannuation
   10.     Oath or affirmation
   11.     Delegation
   12.     Ombudsman not to engage in other remunerative
           employment

   PART III-FUNCTIONS AND JURISDICTION OF THE OMBUDSMAN

   13.     Functions and jurisdiction

   PART IIIA-ENQUIRIES

   13A.    Conducting of enquiries
   13B.    Communication of information to complainant

   PART IV-INVESTIGATIONS

           Division 1-Complaints generally

   14.     Conducting of investigations
   15.     Ombudsman may refuse to investigate complaints in certain circumstances
   15A.    Referral of complaint
   15B.    Referral of complaint (health records)

           Division 2-Parliamentary complaints

   16.     Investigations referred by Parliament

           Division 3-Conduct of investigations

   17.     Procedure relating to investigations
   18.     Evidence
   19.     Deliberations of Ministers and Parliamentary committees not
           to be disclosed
   20.     Person obtaining information shall not disclose or take
           advantage of it
   20A.    Communication of information to Commonwealth and State Ombudsmen
   20B.    Communication of information to the Privacy Commissioner
   20C.    Communication of information to the Health Services Commissioner
   21.     Entry of premises
   22.     Obstruction

           Division 3A-Investigations under Melbourne City Link Act 1995.

   22A.    Definitions
   22B.    Powers in relation to toll reviews and investigations
   22C.    Police must provide reasonable assistance

           Division 3B-Repealed

           22D, 22E Repealed

           Division 4-Action on completion of investigations

   23.     Procedure on completion of investigation
   24.     Complainant to be informed of result of investigation

   PART V-ANNUAL AND OTHER REPORTS

   25.     Annual and other reports to Parliament
   25AA.   Transmission of reports to Parliament
   25A.    Reports about tolling information review
   25B.    Repealed
   26.     Rules of Parliament

   PART VI-MISCELLANEOUS

   27.     Application to Supreme Court
   28.     Letters by persons in custody etc. to be forwarded immediately
           to the Ombudsman
   29.     Protection of the Ombudsman and officers of the Ombudsman
   29A.    Exemption from Freedom of Information Act 1982.
   30.     Penalties
   30A.    Supreme Court-limitation of jurisdiction
   31.     Rules of Parliament
   32.     Administration of Act

   PART VII-SAVING AND TRANSITIONAL PROVISIONS

   33.     Validity of certain actions taken by Ombudsman
           __________________
           SCHEDULE-Authorities and Branches of Authorities to which
           this Act does not Apply
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details