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OMBUDSMAN AMENDMENT BILL 2018

2018

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Chief Minister)

Ombudsman Amendment Bill 2018

A Bill for

An Act to amend the Ombudsman Act 1989

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Ombudsman Amendment Act 2018

.

2 Commencement

This Act commences on 1 July 2018.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Ombudsman Act 1989

.

4 Definitions—div 2.2A

Section 17D, definition of employee, new paragraph (aa)

insert

(aa) for a designated entity that is a religious body—means—

(i) a minister of religion, a religious leader or an officer of the religious body; or

(ii) a person who is engaged under a contract of employment with the religious body; or

(iii) a person who is engaged by the religious body to provide services (other than under a contract of employment) whether or not the services are provided to children; and

5 Section 17D, definition of head, paragraph (b) (ii)

substitute

(ii) in any other case—the individual primarily in charge of the management of the entity.

6 Meaning of designated entity—div 2.2A

Section 17EA (1) (a), new paragraph (a) (viia)

insert

(viia) a religious body not otherwise included in this paragraph;

7 Section 17EA (2), new definition of religious body

insert

religious body means a body—

(a) established or operated for a religious purpose, that operates under the auspices of 1 or more religious denominations or faiths; and

(b) that provides, or has provided, activities, facilities, programs or services that provide a means for people to have contact with children.

Examples—activities, facilities, programs or services

• religious services

• altar serving

• art groups

• bible study groups

• choirs and music groups

• church-run crèches

• dance groups

• faith-based children’s and youth groups

• multi-faith networks

• open days

• prayer groups

• religious community engagement and outreach

• religious festivals and celebrations

• sports teams

• Sunday school

• tutoring services

• youth camps

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

8 New part 11

insert

Part 11 Transitional—Ombudsman Amendment Act 2018

Note The Ombudsman Amendment Act 2018 extended the operation of the reportable conduct scheme in div 2.2A to religious bodies.

52 Religious confession not reportable allegation

(1) An express assertion that reportable conduct has happened is not a reportable allegation for division 2.2A (Reportable conduct) if the assertion was made as a religious confession.

(2) In this section:

religious confession—see the Evidence Act 2011

, section 127 (4).

53 Expiry—pt 11

This part expires on 31 March 2019.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 10 May 2018.

2 Notification

Notified under the Legislation Act

on 2018.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.

© Australian Capital Territory 2018

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