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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

  • 31 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  

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