Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 25AA

Transmission of reports to Parliament

25AA. Transmission of reports to Parliament



(1) The Ombudsman must cause a report under section 23(6) or 25 to be
transmitted to each House of the Parliament-

   (a)  in the case of a report under section 25(1)-as soon as practicable
        after the end of the financial year to which it relates;

   (b)  in the case of a report under subsection 23(6) or 25(2)-as soon as
        practicable after it is completed.

(2) The clerk of each House of the Parliament must cause the report to be laid
before the House on the day on which it is received or on the next sitting day
of the House.

(3) If the Ombudsman proposes to transmit a report to Parliament when
Parliament is in recess, the Ombudsman must-

   (a)  give one business day's notice of his or her intention to do so to the
        clerk of each House of the Parliament; and

   (b)  give the report to the clerk of each House on the day indicated in the
        notice; and

   (c)  publish the report on the Ombudsman's Internet website as soon as
        practicable after giving it to the clerks.

(4) The clerk of each House must-

   (a)  notify each member of the House of the receipt of a notice under
        subsection (3)(a) on the same day that the clerk receives that notice;
        and

   (b)  give a copy of a report to each member of the House as soon as
        practicable after the report is received under subsection (3)(b); and

   (c)  cause the report to be laid before the House on the next sitting day
        of the House.

(5) A report that is given to the clerks under subsection (3)(b) is taken to
have been published by order, or under the authority, of the Houses of the
Parliament.

(6) The publication of a report by the Ombudsman under subsection (3)(c) is
absolutely privileged and the provisions of sections 73 and 74 of the
Constitution Act 1975 and any other enactment or rule of law relating to the
publication of the proceedings of the Parliament apply to and in relation to
the publication of the report as if it were a report to which those sections
applied and had been published by the Government Printer under the authority
of the Parliament.

(7) For the purposes of this section, Parliament is in recess when each House
stands adjourned to a date to be fixed by the presiding officer of that House.