Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  
   2B.     Offence against Act—application of Criminal Code etc  
   3.      Entities not necessarily prescribed authorities  
   3A.     Conduct by person taken as conduct by administrative unit  
   3B.     Conduct by person taken as conduct by prescribed authority  
   3C.     Application of Act—National Electricity (ACT) Law  

   PART 2--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF OMBUDSMAN

           Division 2.1--Establishment and functions

   4.      Establishment of office of ombudsman  
   4A.     Officer of the Legislative Assembly  
   4B.     Independence of ombudsman  
   4C.     Functions—generally  
   5.      Functions—investigating complaints under Act  
   6.      Discretion not to investigate certain complaints  
   6A.     Discretion to refer complaint to another statutory  
   6B.     Mandatory referral of complaints to other entities  
   7.      Complaints  
   8.      Preliminary inquiries  
   9.      Investigations  
   10.     Arrangements with another ombudsman  
   11.     Power to obtain information and documents  
   12.     Unreasonable delay in exercising power  
   13.     Referring questions to ACAT  
   14.     Powers of Supreme Court  
   15.     Complainant and agency to be informed  
   16.     Power to examine witnesses  
   17.     Power to enter premises  

           Division 2.2--Monitoring police compliance with Crimes (Child Sex Offenders) Act 2005

   17A.    What is the child sex offenders register?  
   17B.    Police to give ombudsman reasonable assistance  
   17C.    Power to enter police premises  

           Division 2.2A--Reportable conduct

   17D.    Definitions—div 2.2A  
   17E.    Meaning of reportable conduct—div 2.2A  
   17EA.   Meaning of designated entity—div 2.2A  
   17EAA.  Meaning of head of a designated entity—div 2.2A  
   17EAB.  Meaning of reportable allegation—div 2.2A  
   17EAC.  Meaning of employee—div 2.2A  
   17EB.   Designated entity to have practices and procedures to deal with reportable  
   17F.    Ombudsman must monitor designated entity  
   17G.    Designated entity must report to ombudsman  
   17H.    Information may be disclosed to ombudsman  
   17I.    Ombudsman may monitor investigation  
   17J.    Designated entity must report outcome of investigation  
   17K.    Ombudsman may conduct own investigation  
   17L.    Investigation information may be disclosed to child, parent and carer  
   17M.    Ombudsman may give information to commissioner for fair trading  
   17N.    Human rights commission may give information to ombudsman  
   17O.    Protection of disclosures made under this division  
   17P.    Offence—false allegation  

           Division 2.3--Reports

   18.     Reports by ombudsman  
   19.     Reports to Speaker  
   20A.    Reports on police compliance with Crimes (Child Sex Offenders) Act  
   21.     Reports to the Legislative Assembly  

   PART 3--CONDITIONS OF SERVICE, AND STAFF, OF OMBUDSMAN

           Division 3.1--Ombudsman

   22.     Appointment  
   23.     Tenure of office  
   24.     Terms of appointment  
   24A.    Oath or affirmation of office  
   24B.    Disclosure of interests  
   24C.    Ombudsman must not do inconsistent work etc  
   25.     Leave of absence  
   27.     Retirement  
   28.     Resignation  
   28A.    Suspension—generally  
   28B.    Suspension—relevant Assembly committee notice and meetings  
   28C.    Suspension—ending suspension  
   28D.    Ending of appointment  
   29.     Acting appointment  

           Division 3.2--Staff

   30.     Ombudsman's staff  
   30AA.   Arrangements for staff and facilities  
   30AB.   Contractors and consultants  
   30A.    Direction to ombudsman's staff  

   PART 4--MISCELLANEOUS

   31.     Ombudsman not to be sued  
   32.     Delegation by ombudsman  
   33.     Officers to observe confidentiality  
   34.     Disclosure of information by ombudsman  
   34A.    Ombudsman may disclose child safety information  
   35.     Failing to comply with requirement under Act  
   36.     Protection from civil actions  
   37.     Determination of fees and witness expenses etc  
   37A.    Assistance for Speaker  
   38.     Regulation-making power  
           DICTIONARY
           ENDNOTES