This is a compilation of the ombudsman act 1976 as in force on 1 july 2014. Workplace relations act 1996 cth ss 718,719,728,792, 809, 841b, 900, 901,902 federal court ofaustralia act 1976 cth s 21. Senior policy adviser, department of premier and cabinet vic. South australia in 1972 by the ombudsman act 1972 sa. Act 1996 and an industrial awardassessment of penalties single course of conductgrouping ofcontraventions relevant considerations. The ombudsman also has specific responsibilities under the ombudsman act 1976 cth for matters regarding the australian federal police, the freedom of information act 1989 act and is authorised to deal with whistleblower complaints under the. The ombudsman has a new role in monitoring compliance with chapter 4 of the crimes child sex offenders act 2005 act child sex offenders register by the act chief police officer. Commonwealth jurisdiction ombudsman act 1976 cth and through an agreement with the act government. Where, on receiving a complaint under this act, an ombudsman considers that the complaint relates, in whole or in part.
The ombudsman may of own motion investigate any action that relates to a. Ombudsman act 1976 sect 5 functions of ombudsman 1 subject to this act, the ombudsman. The oco was established in australia by the ombudsman act 1976 the. Index table search search this act notes noteup download help. The legislative history at the back of the act provides detail about the past and future operation of the act. The office of commonwealth ombudsman was established by the ombudsman act.
Ombudsman act 1974 no 68 nsw part 1 preliminary 1a in this act, a reference to an investigation under this act includes a reference to an investigation of police conduct under this act pursuant to part 8a of the police act 1990. Fair work ombudsman v maclean bay pty ltd 2012 200. Responsible minister premier, jointly with the attorney general, and minister for the prevention of domestic violence authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section. Changes to the icac and ombudsman acts the independent commissioner against corruption miscellaneous amendment act 2016 came into operation on 16 december 2016, although the commencement of some of the provisions has been suspended until a subsequent proclamation or delayed until 1 april 2017. Reports by the ombudsman under the ombudsman act 1976 cth, the commonwealth ombudsman investigates the administrative actions of australian government agencies and officers. It includes any commenced amendment affecting the legislation to that date. This was discussed in re reference under section 11 of ombudsman act 1976 for an advisory opinion. The pid act is intended to encourage and facilitate the making of public interest disclosures by public officials and, in some circumstances, provides public officials with protection from liability under secrecy laws. Australian government hearing services program service. The ombudsman act 1976 cth established an ombudsman to investigate complaints of. Act justice and community safety directorate, act government solicitor and act magistrates court administration of applications for financial assistance under thevictims of crime financial assistance act 1983 may 2012 report by the acting act ombudsman, alison larkins, under the ombudsman act 1989 report no.
Certain legislation relating to australian capital territory not to be enactment 3ba. This is described in s 5 of the ombudsman act 1976 cth. This is a compilation of the ombudsman act 1976 that shows the text of the law as amended and in force on 1 january 2020 the compilation date. The ombudsmans office remains independent of the act government. We would like to show you a description here but the site wont allow us. An act to provide for the appointment of a commonwealth ombudsman, and to define his functions and powers.
An act providing for the functional and structural organization of the office of the ombudsman, and for other purposes republic act. Complaints to the commonwealth ombudsman the commonwealth ombudsman can receive a complaint orally, in writing or by use of the ombudsmans online complaint form. These changes are discussed in detail later in the report. Western australia in 1971 by the parliamentary commissioner act 1971 wa. For the ombudsmans appointment procedure at the commonwealth level, seeombudsman act 1976 cth s 21. Jul, 2017 this is a compilation of the ombudsman act 1976 that shows the text of the law as amended and in force on 1 july 2017 the compilation date. Ombudsman act 1976 cth for matters regarding the australian federal police, the freedom of information act 1989 act and is authorised to deal with whistleblower complaints under the public interest disclosure act 1994 act. Deputy ombudsman means a deputy commonwealth ombudsman. Our jurisdiction and our functions are prescribed by a range of legislation, including the ombudsman act 1974 this section of our website links to the nsw government legislation website, which has an uptodate index of all nsw legislation aboriginal programs. This is a compilation of the ombudsman act 1976 that shows the text of the law as amended and in force on 1 july 2017 the compilation date. Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of australian governments. On introducing the bill for the adjr act, the attorneygeneral, mr ellicott qc stated.
Application of the criminal code part iiestablishment, functions, powers. An investigation can be conducted as a result of a complaint or on the initiative or own motion of the ombudsman. Ombudsman must inform of investigation 1 the ombudsman shall, before commencing an investigation under this act of action taken by a department or by a prescribed authority, inform the principal officer of the department or of the authority that the action is to be investigated. Work ombudsman ombudsman for the imposition of penalties, and other relief, against the respondents pursuant toss 719 and 904 of the workplace relations act 1996 cth wr act and s 23 of the federal court of australia act 1976 cth federal court act, in respect of. This act shall be known as the ombudsman act of 1989. This is a republication of the ombudsman act 1989 including any amendment made under the. Jun 05, 2017 ombudsman act 2001 part 1 preliminary current as at 5 june 2017 page 7 authorised by the parliamentary counsel ombudsman act 2001 an act to establish an office of ombudsman for investigating administrative actions taken by, in or for certain agencies, and recommending to agencies ways of improving administrative processes, and for other purposes.
The commonwealth ombudsman undertakes the role of the australian capital territory ombudsman in accordance with s 28 of the act selfgovernment consequential provisions act 1988 cth. Complaints to the commonwealth ombudsman the commonwealth ombudsman can receive a complaint orally, in writing or by use of the ombudsmans online. Ombudsmen act 1975 no 9 as at 01 april 2020, public act. Otherwise wrong decisions see ombudsman act 1976 cth s15 the ombudsman role is not to make decision anew as if the ombudsman were in the decision makers shoes, but merely to determine whether the original decision was unreasonable jurisdiction has limited jurisdiction which is set out under ombudsman act 1976 cth s 52. Our functions in relation to the afp, are governed by the ombudsman act 1976 cth and the australian federal police act 1979 cth. Under this act, the ombudsman has statutory roles to investigate. This was discussed in re reference under section 11 of. Cth, the ombudsman act 1976 cth or the various industrial relations acts. In relation to complaints about the afp, which includes act policing, we have not made any recommendations relating to culture in this financial year. The ombudsman shall investigate actions that relate to a matter of admin taken by a department, or by a prescribed authority, in respect of a complaint made to the ombudsman. Ombudsman act 2001 part 1 preliminary current as at 5 june 2017 page 7 authorised by the parliamentary counsel ombudsman act 2001 an act to establish an office of ombudsman for investigating administrative actions taken by, in or for certain agencies, and recommending to agencies ways of improving administrative processes, and for other purposes. The ombudsman also has specific responsibilities under the ombudsman act 1976 cth for matters regarding the australian federal police, the freedom of information act 1989 act and is authorised to deal with whistleblower complaints under the public interest disclosure act 1994 act. Question referred to the tribunal concerned the validity of a decision made by a delegate of the.
The service provider is an accredited service provider for the purposes of the act. The ombudsman act 1976 cth established an ombudsman to investigate complaints of maladministration by commonwealth government agencies. Ombudsman act 1976 cth and includes any other person that may, from time to time, perform the functions of that office online portal means the hearing services online portal party means the service provider or the commonwealth permanent site. When ombudsman may investigate administrative action. Act justice and community safety directorate, act government. Responsible minister premier, jointly with the attorney general, and minister for the prevention of domestic violence authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the. Under section 20 of the hearing services administration act 1997 cth the act the minister for health may, on behalf of the commonwealth, enter into agreements with accredited service providers for the supply of hearing services to voucherholders. Services are provided to the act government under a memorandum of understanding. Act ombudsman annual report 20062007 annual report 20062007. Ombudsman act 1976 table of provisions long title part ipreliminary 1. Ombudsman act 1989 act legislation register act government.
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