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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
SENATE
Presented
and read a first time
Ombudsman
Amendment Bill 1996
No. ,
1996
(Senator
Conroy)
A Bill for an Act to amend the
Ombudsman Act
1976
9609422—890/28.6.1996—(94/96)
Cat. No. 96 4864 X ISBN 0644 446684
Contents
A Bill for an Act to
amend the Ombudsman Act
1976
The Parliament of Australia enacts:
This Act may be cited as the Ombudsman Amendment Act
1996.
This Act commences on the day on
which it receives the Royal Assent.
Each Act that is specified in the Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1)
Insert:
Committee means the Parliamentary Joint Committee on the
Ombudsman for the time being constituted under this Act.
2 Subsection 3(1)
Insert:
member means a member of the Committee.
3 After section 29
Insert:
4 After section 29
Insert:
(1) As soon as practicable after the commencement of this
Act and after the commencement of the first session of each Parliament, a joint
committee of members of the Parliament to be known as the Parliamentary Joint
Committee on the Ombudsman shall be appointed according to the practice of the
Parliament with reference to the appointment of members to serve on joint
standing committees of both Houses of the Parliament.
(2) The Committee shall consist of 10 members, namely 5
members of the Senate appointed by the Senate, and 5 members of the House of
Representatives appointed by that House.
(3) A member of the Parliament is not eligible for appointment as a member
of the Committee if the member is:
(a) a Minister;
(b) the President of the Senate;
(c) the Speaker of the House of Representatives; or
(d) the Deputy President of the Senate or the Deputy Speaker or Second
Deputy Speaker of the House of Representatives.
(4) A member ceases to hold office:
(a) when the House of Representatives expires by effluxion of time or is
dissolved;
(b) if the member becomes the holder of an office specified in any of the
paragraphs of subsection (3);
(c) if the member ceases to be a member of the House of the Parliament by
which the member was appointed; or
(d) if the member resigns the member’s office as provided by
subsection (5) or (6).
(5) A member appointed by the Senate may resign his or her office by
writing signed by him or her and delivered to the President of the
Senate.
(6) A member appointed by the House of Representatives may resign his or
her office by writing signed by him or her and delivered to the Speaker of that
House.
(7) Either House of the Parliament may appoint one of its members to fill
a vacancy amongst the members of the Committee appointed by that
House.
All matters relating to the powers and proceedings of the Committee shall
be determined by resolution of both Houses of the Parliament.
(1) The duties of the Committee are:
(a) to monitor and to review the performance by the Ombudsman of the
Ombudsman’s functions;
(b) to report to both Houses of the Parliament, with such comments as it
thinks fit, upon any matter appertaining to the Ombudsman or connected with the
performance of the Ombudsman’s functions to which, in the opinion of the
Committee, the attention of the Parliament should be directed;
(c) to examine the proposed budget for the Ombudsman’s office for
each year and to approve the budget, with whatever comments it considers
appropriate, for transmission to the Prime Minister;
(d) to examine each annual report of the Ombudsman and report to the
Parliament on any matter appearing in, or arising out of any such annual report
to which the Committee thinks the Parliament’s attention should be
directed;
(e) to examine trends and changes in matters dealt with by the Ombudsman
and report to both Houses of the Parliament any change which the Committee
thinks desirable to the functions, structure, powers and procedures of the
Ombudsman; and
(f) to inquire into any question in connection with its duties which is
referred to it by either House of the Parliament, and to report to that House
upon that question.
(2) Nothing in this Part authorises the Committee:
(a) to investigate a matter relating to a particular subject or issue
considered or likely to be considered by the Ombudsman; or
(b) to reconsider the findings of the Ombudsman in relation to a
particular matter.
5 After section 31
Insert:
6 After section 31
Insert:
(1) As soon as practicable after the proposed budget for each year for the
Ombudsman’s office has been considered by the Committee the Ombudsman
shall transmit the budget, together with any comments the Committee may have
made, to the Prime Minister.
(2) Notwithstanding any requirements of any other Act or administrative
arrangements, no changes to the proposed budget for the Ombudsman’s office
which would be inconsistent with any comments made by the Committee may be made
unless they have been discussed with the Committee.