Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 17

Procedure relating to investigations

17. Procedure relating to investigations



(1) Before conducting an investigation under this Act the Ombudsman shall in
writing inform-

   (a)  the principal officer of the relevant authority and the responsible
        Minister; and

   (aa) where the complaint relates to an administrative action taken by an
        officer of the Royal Society for the Prevention of Cruelty to Animals,
        the Chief Executive Officer of the Royal Society for the Prevention of
        Cruelty to Animals; and

   (b)  where the complaint relates to an administrative action taken by a
        member of the staff, the mayor of a municipal council; and



   (c)  where the complaint relates to an administrative action taken by a
        person appointed as an authorised officer under section 71A(1) of the
        Domestic Animals Act 1994, the Minister administering that Act; and

   (d)  where the complaint relates to an administrative action taken by a
        person appointed as an authorised officer under section 72A(1) of the
        Domestic Animals Act 1994, the mayor of the relevant municipal
        council-

of his intention to conduct the investigation.

(2) Every investigation under this Act shall be conducted in private.

(3) Subject to any Rules of Parliament under this Act the Ombudsman is not
required to hold any hearing for the purposes of an investigation, and he may
obtain information from such persons and in such manner as he thinks fit and
may determine whether any person may be represented by an Australian lawyer
(within the meaning of the Legal Profession Act 2004) or otherwise in the
investigation.

(4) If at any time during the course of an investigation it appears to the
Ombudsman that there may be grounds for making a report adverse to an
authority to which this Act applies, he shall, before making the report, give
the principal officer thereof the opportunity to comment on the subject-matter
of the investigation.

(5) The Ombudsman may at any time during or after an investigation consult a
Minister who is concerned in the subject-matter of an investigation, and if a
Minister so requests or the investigation relates to a recommendation made to
a Minister, shall consult the Minister before forming a final opinion adverse
to the administrative action concerned.

(5A) Where an investigation concerns an administrative action taken by a
member of the staff of a municipal council, then the Ombudsman-







   (a)  may at any time during or after the investigation consult the mayor of
        the municipal council; and



   (b)  shall, if the mayor so requests or the investigation relates to a
        recommendation made to the municipal council, consult the mayor before
        forming an opinion adverse to the administrative action concerned.

(6) If during or after an investigation the Ombudsman is of the opinion that
there is evidence of a breach of duty or misconduct on the part of a member
(other than a councillor of a municipal council) officer or employé of an
authority to which this Act applies-

   (a)  he shall report that matter to the principal officer of that
        authority; and

   (b)  he shall send a copy of the report to the responsible Minister, and
        where the authority is a municipal council, to the mayor of the
        municipal council.



(7) Subject to this Act and any Rules of Parliament made under this Act the
Ombudsman may regulate his procedures on an investigation in such manner as he
thinks fit.