OMBUDSMAN ACT 1976
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Prescribed authorities: Commonwealth - controlled companies
- 3B Certain legislation relating to Australian Capital Territory not to be enactment
- 3BA Commonwealth service providers
- 3C Application of Act
- 3D Application of the Criminal Code
PART II--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE OMBUDSMAN
Division 1--Establishment and functions
- 4 Establishment of offices of Ombudsman and Deputy Ombudsman
- 4A The Office of the Commonwealth Ombudsman
- 5 Functions of Ombudsman
- 5A Public interest disclosure functions of Ombudsman
- 5B Transfer of complaints from the Inspector - General of Intelligence and Security
- 6 Discretion not to investigate certain complaints
- 6A Transfer of complaints about ACC
- 6B Transfer of complaints about National Anti - Corruption Commissioner
- 6C Transfer of complaints to Information Commissioner
- 6D Tax administration matters and transfer of complaints to Inspector - General of Taxation
- 6E Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman
- 6F Transfer of complaints to the Inspector - General of Intelligence and Security
- 6G Transfer of information to the National Anti - Corruption Commissioner or the Inspector
- 7 Complaints
- 7A Preliminary inquiries
- 8 Investigations
- 8A Investigations by Commonwealth and State Ombudsmen
- 8B Investigations by other authorities of ACC actions
- 8C Investigations by other authorities of National Anti - Corruption Commission actions
- 8D Investigations by Ombudsman and Australian Federal Police
- 9 Power to obtain information and documents
- 10 Unreasonable delay in exercising power
- 10A Ombudsman may refer questions to the AAT
- 11 Ombudsman may recommend that the principal officer refer questions to the AAT
- 11A Powers of Federal Court of Australia
- 12 Complainant and Department etc. to be informed
- 13 Power to examine witnesses
- 14 Power to enter premises
Division 2--Reports
- 15 Reports by Ombudsman
- 16 Reports where appropriate action not taken on Ombudsman's report
- 17 Special reports to Parliament
- 18 Ombudsman may have further discussion with principal officer
- 19 Reports to Parliament
PART IIA--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE DEFENCE FORCE OMBUDSMAN
- 19B Establishment of office of Defence Force Ombudsman
- 19C Functions of Defence Force Ombudsman
- 19D Discretion to investigate complaints as Commonwealth Ombudsman or as Defence Force Ombudsman
- 19E Discretion with respect to certain complaints
- 19F Application of provisions of Act to Defence Force Ombudsman
- 19FA Reports of the Defence Force Ombudsman
PART IIB--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE POSTAL INDUSTRY OMBUDSMAN
Division 1--Preliminary
- 19G Definitions
- 19H Action taken by contractors
- 19J Continued application of this Act to deregistered PPOs
- 19K Part IIB not to affect operation of other provisions of this Act
Division 2--Establishment and functions of the Postal Industry Ombudsman
- 19L Establishment of office of Postal Industry Ombudsman
- 19M Functions of Postal Industry Ombudsman
- 19N Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman
- 19P Discretion to refer complaint to another statutory office - holder
- 19Q Discretion not to investigate certain complaints
Division 3--Powers and duties of the Postal Industry Ombudsman
- 19R Application of other provisions of this Act to the Postal Industry Ombudsman
- 19S Powers of the Postal Industry Ombudsman under section 9
- 19T Duty to accord procedural fairness
- 19U Disclosure of identifying information
- 19V Postal Industry Ombudsman may report to Australia Post or registered PPO
- 19W Minister to table certain reports in Parliament
- 19X Reports of the Postal Industry Ombudsman
- 19Y Postal Industry Ombudsman may notify employer of misconduct
- 19Z Limitation on liability where information or documents provided in good faith or when required to do so
Division 4--Register of PPOs
- 19ZA Registration of PPOs
- 19ZB Information to be included in Register
- 19ZC Deregistration of PPOs
- 19ZD Register may be maintained by electronic means
Division 5--Fees for investigations
- 19ZE Fees for investigations
PART IIC--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE OVERSEAS STUDENTS OMBUDSMAN
Division 1--Preliminary
- 19ZF Definitions
- 19ZG Continued application of Part to former registered providers
- 19ZH Part not to affect operation of other provisions of this Act
Division 2--Establishment and functions of the Overseas Students Ombudsman
- 19ZI Establishment of office of Overseas Students Ombudsman
- 19ZJ Functions of Overseas Students Ombudsman
- 19ZK Transfer of complaints
- 19ZL Discretion not to investigate certain complaints
Division 3--Powers and duties of the Overseas Students Ombudsman
- 19ZM Application of other provisions of this Act to the Overseas Students Ombudsman
- 19ZN Powers of the Overseas Students Ombudsman under section 9
- 19ZO Duty to accord procedural fairness
- 19ZP Disclosure of identifying information
- 19ZQ Overseas Students Ombudsman may report to private registered provider
- 19ZR Minister to table certain reports in Parliament
- 19ZS Reports of the Overseas Students Ombudsman
- 19ZT Overseas Students Ombudsman may notify of misconduct
- 19ZU Limitation on liability where information or documents provided in good faith or when required to do so
PART IID--PRIVATE--HEALTH INSURANCE OMBUDSMAN
Division 1--Preliminary
- 20 Principal object of this Part
- 20A Definitions for this Part
- 20B Private Health Insurance Ombudsman Rules
Division 2--Establishment and functions of the Private Health Insurance Ombudsman
- 20C Establishment of office of Private Health Insurance Ombudsman
- 20D Functions of Private Health Insurance Ombudsman
Division 3--Complaints
Subdivision A--Relevant complaints
- 20E Who may make a complaint
- 20F Persons against whom complaints may be made
- 20G Grounds for complaint
Subdivision B--Dealing with complaints
- 20H Initial receipt of complaint
- 20J Ways of dealing with complaints
- 20K Referral to the Australian Competition and Consumer Commission
- 20L Referral to other bodies
- 20M Deciding not to deal with a complaint
Subdivision C--Referral to subjects of complaints
- 20N Referral to the subject of the complaint
Subdivision D--Investigation of complaints
- 20P Investigation of complaint
Subdivision E--Recommendations and reports
- 20Q Recommendations as a result of referral or investigation
- 20R Report to Health Minister on outcome of investigation under Subdivision D
Subdivision F--Miscellaneous
- 20S Complainant to be kept informed
Division 3A--Inspection and audit
Subdivision A--Inspection and audit
- 20SA Powers to conduct inspections and audits
Subdivision B--Recommendations and reports
- 20SB Recommendation and reporting powers as a result of inspection or audit
Division 4--Investigations
Subdivision A--Investigations
- 20T Initiating investigations
- 20TA Powers to inspect documents etc.
Subdivision B--Recommendations and reports
- 20U Recommendations as a result of investigation
- 20V Report to Health Minister on outcome of investigations under this Division
- 20W Consultation with Australian Competition and Consumer Commission
Division 5--Mediation
- 20X Conducting mediation
- 20Y Participation in mediation may be compulsory
- 20Z Medical practitioners may appoint representatives
- 20ZA Conduct of compulsory mediation
- 20ZB Admissibility of things said in mediation
- 20ZC Appointment of mediators
Division 6--Information-gathering
- 20ZD Information - gathering--requests for PHI records and information
- 20ZE Information - gathering--notices requiring PHI records and information
- 20ZF Information - gathering--compliance with requests and notices
Division 7--Provisions relating to the Private Health Insurance Ombudsman
- 20ZG Reports of the Private Health Insurance Ombudsman
Division 8--Miscellaneous
- 20ZH Victimisation
- 20ZHA Announcement before entry
- 20ZHB Responsibility to provide facilities and assistance
- 20ZI Giving information about the Private Health Insurance Ombudsman
- 20ZIA Identity cards
- 20ZJ Private Health Insurance Ombudsman Rules
- 20ZK Application of certain provisions of the Act
PART IIE--VET--STUDENT LOANS OMBUDSMAN
Division 1--Establishment and functions
- 20ZL Establishment of office of VET Student Loans Ombudsman
- 20ZM Functions of VET Student Loans Ombudsman
- 20ZN Performance of functions
Division 2--Investigations and complaints
- 20ZO Investigations
- 20ZP Complaints
- 20ZQ Referral of complaints to other bodies
- 20ZR Deciding not to investigate complaints
Division 3--Other powers of the VET Student Loans Ombudsman
- 20ZS Application of Act to VET Student Loans Ombudsman
- 20ZT Duty to accord procedural fairness
Division 4--Reporting by the VET Student Loans Ombudsman
- 20ZU Disclosure of identifying information
- 20ZV Reports to VET student loan scheme providers
- 20ZW Minister to table reports about VET student loan scheme providers in Parliament
- 20ZX Annual and other reports by the VET Student Loans Ombudsman
- 20ZY VET Student Loans Ombudsman may notify of misconduct
- 20ZZ Limitation on liability where information or documents provided in good faith or when required to do so
Division 5--Other provisions relating to the VET Student Loans Ombudsman
- 20ZZA Part does not limit application of other provisions
- 20ZZB Alternative constitutional basis
PART III--CONDITIONS--OF SERVICE, AND STAFF, OF THE OMBUDSMAN
Division 1--Ombudsman
- 21A Interpretation
- 21 Appointment of Ombudsman
- 22 Tenure of office
- 23 Deputy Ombudsman
- 24 Salary and allowances
- 25 Leave of absence
- 26 Resignation
- 27 Retirement
- 28 Suspension and removal of Ombudsman
- 28A Removal taken to be retirement on ground of invalidity
- 28B Retirement on ground of invalidity under the Superannuation Acts
- 29 Acting appointments
Division 2--Staff
PART IV--MISCELLANEOUS
- 33 Ombudsman not to be sued
- 34 Delegation
- 35 Officers to observe confidentiality
- 35AA Disclosure of information and documents to National Anti - Corruption Commissioner or Inspector
- 35AB Disclosure of information and documents to Inspector - General of Intelligence and Security
- 35A Disclosure of information by Ombudsman
- 35B Disclosure of ACC information
- 35C Disclosure of NACC information
- 36 Offences
- 37 Protection from civil actions
- 38 Regulations