OMBUDSMAN ACT 1973
Table of Provisions
PART II--THE OMBUDSMAN
- 3 Appointment of Ombudsman
- 4 Suspension of Ombudsman
- 5 Salary, allowances and leave of absence
- 6 Acting Ombudsman
- 7 Staff
- 8 Application of Public Administration Act 2004
- 9 Superannuation
- 10 Oath or affirmation
- 11 Delegation
- 12 Restriction on other employment
PART III--FUNCTIONS AND JURISDICTION OF THE OMBUDSMAN
- 13 Principal functions of the Ombudsman
- 13AA Other functions of the Ombudsman
- 13AB Ombudsman not to prejudice legal proceedings or investigations
- 13AC Court Services Victoria
PART IIIA--ENQUIRIES
- 13A Conducting of enquiries
- 13B Communication of information to complainant
PART IIIAB--REVIEW OF COMPLAINT PRACTICES AND PROCEDURES
PART IIIAC--ALTERNATIVE DISPUTE RESOLUTION OF COMPLAINTS
- 13E Definition
- 13F Application of Part
- 13G Alternative dispute resolution of complaints
- 13H Outcome of alternative dispute resolution
PART IV--INVESTIGATIONS
Division 1--Complaints generally
- 14 Making a complaint
- 15 How the Ombudsman is to deal with certain complaints
- 15A Ombudsman may refuse to deal with certain complaints
- 15B Investigation of complaints
Division 1A--Public interest complaints
- 15C Ombudsman must investigate public interest complaints
- 15D Ombudsman must refuse to investigate certain public interest complaints
- 15E Ombudsman may refuse to investigate certain public interest complaints
- 15F Person who made public interest complaint to be informed of refusal to investigate
Division 2--Parliamentary complaints
- 16 Investigations referred by Parliament
Division 2A--Own motion investigations
- 16A Ombudsman may conduct own motion investigation
Division 2B--Referred complaints and matters
- 16B What are referred complaints and referred matters?
- 16C Dealing with referred complaints
- 16D Dealing with referred matters
Division 2C--Mandatory notifications by the Ombudsman
- 16E Notification to IBAC
- 16F Notification to Victorian Inspectorate
- 16G Notification to Information Commissioner
Division 2D--Referrals by the Ombudsman
- 16H Application of Division
- 16I Ombudsman may refer complaints
- 16IA Ombudsman may refer a complaint to an authority
- 16J Notice of referral
- 16K Consultation prior to referral
Division 3--Conduct of investigations
- 17 Procedure relating to investigations
- 18 Witness summons
- 18A Service of witness summons
- 18B Variation or revocation of witness summons
- 18C Supreme Court may order service by other means
- 18D Ombudsman to report to Victorian Inspectorate on issue of witness summons
- 18E Witness summons directed to person under 16 years
- 18F Power to take evidence on oath or affirmation
- 18G Offence to fail to comply with a witness summons
- 18H Offence to fail to take oath, make affirmation or answer question
- 18I Failure to comply with witness summons
- 18J Ombudsman may take statutory declaration
- 18K Privileges in relation to witness summons and investigations
- 18L Offence for employers to take detrimental action against employees
- 18M Legal advice and representation
- 18N Advance notice for voluntary appearances
- 18O Voluntary appearance of person under age of 16 years but of or over 10 years
- 18P Further provisions relating to appearances
- 18Q Audio or video recording of compulsory appearances
- 18R Protection of legal practitioners and witnesses at compulsory appearances
- 18S Service of documents
- 19 Deliberations of Ministers and Parliamentary committees not to be disclosed
- 19A Cabinet information not to be disclosed—relevant public interest complaints
- 19B Deliberations of Parliamentary Committees not to be disclosed—relevant public interest complaints
- 19C Conclusive certificates
- 19D Disclosure of information subject to legal professional privilege or client legal privilege—relevant public interest complaints
- 20 Disclosing or taking advantage of information—transitional provision
- 20A Communication of information to Commonwealth and State Ombudsmen
- 21 Entry of premises
- 22 Obstruction
- 22A Act applies equally to attendance in person or by audio or audio visual link
Division 4--Action on completion of investigations
- 23 Procedure on completion of investigation
- 23A Report on investigation—relevant public interest complaints about members of Parliament
- 24 Complainant or person who made relevant public interest complaint to be informed of result of investigation
PART IVA--BUDGET, ANNUAL PLAN AND PERFORMANCE AUDIT
- 24A Budget
- 24B Annual plan
- 24C Transmission of annual plan to Parliament
- 24D Independent performance audit
- 24E Report of independent performance auditor
PART V--ANNUAL AND OTHER REPORTS
- 25 Annual and other reports to Parliament
- 25AA Transmission of sections 23(6) and 25 reports to Parliament
- 25AAB Advance copy of report to Minister and Secretary to the Department of Premier and Cabinet
- 25AB Transmission of section 16 reports
- 25A Content of reports
- 25B Persons who receive proposed or draft reports or information in them
PART VA--CONFIDENTIALITY
Division 1--Confidentiality requirements for Ombudsman officers
Division 2--Confidentiality notices
- 26C Confidentiality notice
- 26D Extension of confidentiality notice
- 26E Ombudsman to provide Victorian Inspectorate with copies
- 26F Disclosure subject to confidentiality notice
PART VAB--INFORMATION SHARING
- 26FB Disclosure of information by the Ombudsman
- 26FC Disclosure of information for specified purposes
PART VB--OVERSIGHT OF THE OMBUDSMAN
- 26G Oversight by Victorian Inspectorate
- 26H Oversight by Integrity and Oversight Committee
- 26I Powers and procedures of Integrity and Oversight Committee
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
- 29B Evidence
- 30 Penalties
- 30A Supreme Court—limitation of jurisdiction
- 31 Regulations
- 32 Administration of Act
PART VII--SAVING AND TRANSITIONAL PROVISIONS
- 33 Validity of certain actions taken by Ombudsman
- 34 Transitional provision—complaints under the Freedom of Information Act 1982
- 35 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012
- 36 Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019