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This is a Bill, not an Act. For current law, see the Acts databases.
POSTAL INDUSTRY OMBUDSMAN BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
As read a third time
Postal Industry Ombudsman Bill 2005
No. , 2005
A Bill for an Act to amend the Ombudsman Act
1976, and for related purposes
i Postal Industry Ombudsman Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Amendments relating to the Postal Industry
Ombudsman
4
Part 1--Amendment of the Ombudsman Act 1976
4
Ombudsman Act 1976
4
Part 2--Amendment of other Acts
24
Migration Act 1958
24
Privacy Act 1988
24
Part 3--Application and transitional provisions
25
Schedule 2--Other amendments of the Ombudsman Act 1976
26
Ombudsman Act 1976
26
Postal Industry Ombudsman Bill 2005 No. , 2005 1
T
HIS
bill originated in the Senate; and,
1
having this day passed, is now ready for
2
presentation to the House of
3
Representatives for its concurrence.
4
HARRY EVANS
5
Clerk of the Senate
6
The Senate
7
8 March 2005
8
A Bill for an Act to amend the Ombudsman Act
9
1976, and for related purposes
10
The Parliament of Australia enacts:
11
1 Short title
12
This Act may be cited as the Postal Industry Ombudsman Act
13
2005.
14
2 Commencement
15
(1) Each provision of this Act specified in column 1 of the table
16
commences, or is taken to have commenced, in accordance with
17
column 2 of the table. Any other statement in column 2 has effect
18
according to its terms.
19
20
2 Postal Industry Ombudsman Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
3. Schedule 2,
item 1
Immediately after the commencement of
item 2 of Schedule 2 to the Prime Minister
and Cabinet Legislation Amendment
(Application of Criminal Code) Act 2001.
26 July 2001
4. Schedule 2,
item 2
Immediately after the commencement of
item 1 of Schedule 2 to the Prime Minister
and Cabinet Legislation Amendment
(Application of Criminal Code) Act 2001.
26 July 2001
5. Schedule 2,
item 3
Immediately after the commencement of
item 717 of Schedule 1 to the Public
Employment (Consequential and
Transitional) Amendment Act 1999.
5 December
1999
6. Schedule 2,
item 4
Immediately after the commencement of
Schedule 5 to the A.C.T. Self-Government
(Consequential Provisions) Act 1988.
11 May 1989
7. Schedule 2,
item 5
Immediately after the commencement of
item 11 of Schedule 3 to the National Crime
Authority Legislation Amendment Act 2001.
12 October 2001
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
Postal Industry Ombudsman Bill 2005 No. , 2005 3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
4 Postal Industry Ombudsman Bill 2005 No. , 2005
1
Schedule 1--Amendments relating to the
2
Postal Industry Ombudsman
3
Part 1--Amendment of the Ombudsman Act 1976
4
Ombudsman Act 1976
5
1 Title
6
Omit "and a Defence Force Ombudsman", substitute ", a Defence
7
Force Ombudsman and a Postal Industry Ombudsman,".
8
2 Subsection 3(1)
9
Insert:
10
ACA means the Australian Communications Authority.
11
3 Subsection 3(1)
12
Insert:
13
Australia Post means the Australian Postal Corporation.
14
4 Subsection 3(1) (at the end of the definition of officer)
15
Add:
16
Note:
For the meaning of officer for the purposes of Part IIB, see
17
section 19G.
18
5 Subsection 3(1)
19
Insert:
20
postal or similar service includes:
21
(a) a postal service; and
22
(b) a courier service; and
23
(c) a packet or parcel carrying service.
24
6 Subsection 3(1)
25
Insert:
26
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 5
PPO (short for Private Postal Operator) means an entity (other than
1
Australia Post) that provides a postal or similar service, whether or
2
not that entity also provides other services.
3
7 Subsection 3(1) (at the end of the definition of principal
4
officer)
5
Add:
6
Note:
For the meaning of principal officer for the purposes of Part IIB, see
7
section 19G.
8
8 Subsection 3(1)
9
Insert:
10
registered PPO means a PPO that is registered for the purposes of
11
Part IIB (see section 19ZA).
12
Note:
In certain circumstances, a PPO that is no longer registered for the
13
purposes of Part IIB may still be treated as a registered PPO (see
14
section 19J).
15
9 After subsection 3(6C)
16
Insert:
17
(6D) For the purposes of this Act, action that is taken by an officer of a
18
registered PPO is taken to have been taken by the registered PPO if
19
the officer takes, or purports to take, the action because he or she is
20
an officer of the registered PPO, whether or not:
21
(a) the action is taken for or in connection with, or as incidental
22
to, the provision of a postal or similar service by the registered
23
PPO; or
24
(b) the taking of the action is within the duties of the officer.
25
10 Subsection 6(4F)
26
Repeal the subsection.
27
11 After Part IIA
28
Insert:
29
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
6 Postal Industry Ombudsman Bill 2005 No. , 2005
Part IIB--Establishment, functions, powers and
1
duties of the Postal Industry Ombudsman
2
Division 1--Preliminary
3
19G Definitions
4
In this Part:
5
officer means:
6
(a) in relation to Australia Post:
7
(i) a person who is employed in the service of, or is a
8
member of the staff of, Australia Post, whether or not he
9
or she is employed by Australia Post; or
10
(ii) a person authorised by Australia Post to exercise any
11
powers or perform any functions of Australia Post on
12
behalf of Australia Post; or
13
(b) in relation to a registered PPO:
14
(i) if the registered PPO is an individual--the individual or
15
an employee of the individual; or
16
(ii) if the registered PPO is a body corporate--a director, the
17
secretary or an employee of the registered PPO; or
18
(iii) if the registered PPO is a partnership--a partner in, or
19
an employee of, the partnership.
20
principal officer means:
21
(a) in relation to Australia Post--the Managing Director of
22
Australia Post; or
23
(b) in relation to a registered PPO:
24
(i) if the registered PPO is an individual--the individual; or
25
(ii) in any other case--the individual primarily responsible
26
for the management of the registered PPO.
27
19H Action taken by contractors
28
(1) Subsections (2) and (3) apply if:
29
(a) a contractor, or an employee of a contractor, in relation to a
30
postal services contract with Australia Post or a registered
31
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 7
PPO, takes action with respect to the provision of a postal or
1
similar service; and
2
(b) the contractor, or the employee, took the action to fulfil or
3
purport to fulfil an obligation under:
4
(i) if the contractor is responsible under another contract for
5
the provision of services covered by the postal services
6
contract--the other contract; or
7
(ii) otherwise--the postal services contract.
8
Attribution of action to Australia Post or registered PPO
9
(2) For the purposes of this Part, the action is taken to have been taken
10
by Australia Post or the registered PPO (as the case may be).
11
Persons taken to be officers of Australia Post or registered PPO
12
(3) For the purposes of this Part, the following are taken to be officers
13
of Australia Post or the registered PPO (as the case may be) in
14
relation to that action:
15
(a) the person who took the action;
16
(b) if the person who took the action was the employee of a
17
contractor--the contractor;
18
(c) if paragraph (b) applies and the contractor is:
19
(i) a body corporate--the directors and the secretary of the
20
body corporate; or
21
(ii) a partnership--the partners in the partnership.
22
Contractors and postal services contracts
23
(4) In this section:
24
contractor, in relation to a postal services contract, means a person
25
who is:
26
(a) a party to the postal services contract; or
27
(b) both:
28
(i) a party to a contract (the subcontract) with a person
29
who is a contractor, in relation to the postal services
30
contract, because of a previous application of this
31
definition; and
32
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
8 Postal Industry Ombudsman Bill 2005 No. , 2005
(ii) responsible under the subcontract for the provision of
1
services covered by the postal services contract.
2
postal services contract means a contract relating to the provision
3
of postal or similar services within Australia.
4
19J Continued application of this Act to deregistered PPOs
5
(1) This section applies if:
6
(a) a registered PPO took action at a particular time; and
7
(b) the Postal Industry Ombudsman receives a complaint in
8
respect of that action within 12 months after that time; and
9
(c) the PPO applies after that time, under subsection 19ZC(1), to
10
no longer be registered for the purposes of this Part (whether
11
or not the application was made before the complaint was
12
received).
13
(2) This Act applies as if the PPO were a registered PPO in relation to
14
that complaint.
15
19K Part IIB not to affect operation of other provisions of this Act
16
This Part does not, by implication, affect the operation of other
17
provisions in this Act.
18
Division 2--Establishment and functions of the Postal
19
Industry Ombudsman
20
19L Establishment of office of Postal Industry Ombudsman
21
(1) For the purposes of this Act, there is to be a Postal Industry
22
Ombudsman.
23
(2) The office of Postal Industry Ombudsman is to be held by the
24
person who holds the office of Commonwealth Ombudsman.
25
(3) The reference in subsection (2) to the person who holds the office of
26
Commonwealth Ombudsman includes a reference to a person for the
27
time being acting in that office because of an appointment under
28
section 29.
29
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 9
19M Functions of Postal Industry Ombudsman
1
(1) The functions of the Postal Industry Ombudsman are to investigate
2
complaints made to him or her under this Act and to perform such
3
other functions as are conferred on him or her by this Act.
4
(2) Subject to this Act, the Postal Industry Ombudsman:
5
(a) is to investigate action that he or she is authorised by this Act
6
to investigate and in respect of which a complaint has been
7
made to him or her (other than a complaint excluded by
8
subsection (4)); and
9
(b) may, on his or her own initiative, investigate action that he or
10
she is authorised by this Act to investigate.
11
(3) The Postal Industry Ombudsman is authorised by this Act to
12
investigate action taken by:
13
(a) Australia Post; or
14
(b) a registered PPO;
15
with respect to the provision of a postal or similar service.
16
(4) A complaint is excluded by this subsection if:
17
(a) the complaint was made by Australia Post in respect of action
18
taken by a registered PPO; or
19
(b) the complaint was made by a registered PPO in respect of
20
action taken by Australia Post or another registered PPO; or
21
(c) the complaint was made more than 12 months after the action
22
was taken.
23
(5) Paragraph (2)(b) applies only if the Postal Industry Ombudsman
24
starts the investigation no later than 12 months after the action was
25
taken.
26
19N Discretion to investigate complaints as Commonwealth
27
Ombudsman or as Postal Industry Ombudsman
28
(1) This section applies if a complaint has been made to the Postal
29
Industry Ombudsman or the Commonwealth Ombudsman with
30
respect to action taken by Australia Post.
31
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
10 Postal Industry Ombudsman Bill 2005 No. , 2005
Postal Industry Ombudsman may transfer complaint to
1
Commonwealth Ombudsman
2
(2) Subsection (3) applies if:
3
(a) the complaint was made to the Postal Industry Ombudsman;
4
and
5
(b) in the opinion of the Postal Industry Ombudsman, it would be
6
more appropriate to deal with, or to continue to deal with, the
7
complaint or part of the complaint in his or her capacity as the
8
Commonwealth Ombudsman.
9
(3) The Postal Industry Ombudsman may:
10
(a) either:
11
(i) decide not to deal with the complaint, or part of the
12
complaint; or
13
(ii) if he or she has started to deal with the complaint--
14
decide not to deal further with the complaint, or part of
15
the complaint; and
16
(b) transfer the complaint, or part of the complaint, to the
17
Commonwealth Ombudsman.
18
(4) A complaint that is transferred under subsection (3) is taken to be a
19
complaint that was made to the Commonwealth Ombudsman.
20
Commonwealth Ombudsman may transfer complaint to Postal
21
Industry Ombudsman
22
(5) Subsection (6) applies if:
23
(a) the complaint was made to the Commonwealth Ombudsman;
24
and
25
(b) the complaint was made no later than 12 months after the
26
action was taken; and
27
(c) in the opinion of the Commonwealth Ombudsman, it would be
28
more appropriate to deal with, or to continue to deal with, the
29
complaint or part of the complaint in his or her capacity as the
30
Postal Industry Ombudsman.
31
(6) The Commonwealth Ombudsman may:
32
(a) either:
33
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 11
(i) decide not to deal with the complaint, or part of the
1
complaint; or
2
(ii) if he or she has started to deal with the complaint--
3
decide not to deal further with the complaint, or part of
4
the complaint; and
5
(b) transfer the complaint, or part of the complaint, to the Postal
6
Industry Ombudsman.
7
(7) A complaint that is transferred under subsection (6) is taken to be a
8
complaint that was made to the Postal Industry Ombudsman.
9
(8) In forming an opinion under paragraph (2)(b) or (5)(c), the person
10
holding the office of the Commonwealth Ombudsman and of the
11
Postal Industry Ombudsman must have regard to the functions and
12
duties of each of those offices.
13
Notice of transferral to be given to complainant
14
(9) If the Commonwealth Ombudsman or the Postal Industry
15
Ombudsman transfers a complaint, or part of a complaint, he or she
16
must give notice of the transfer, in writing, to the complainant.
17
19P Discretion to refer complaint to another statutory office-holder
18
(1) This section applies if:
19
(a) Australia Post or a registered PPO has taken action; and
20
(b) before or after starting to investigate that action under
21
paragraph 19M(2)(a), the Postal Industry Ombudsman
22
becomes of the opinion that:
23
(i) a statutory office-holder (other than the Postal Industry
24
Ombudsman or the Commonwealth Ombudsman) has the
25
function of investigating, reviewing or enquiring into
26
action of that kind; and
27
(ii) the action could be more conveniently or effectively dealt
28
with by that statutory office-holder.
29
(2) The Postal Industry Ombudsman may decide not to investigate the
30
action, or not to investigate the action further, as the case may be,
31
and, if the Postal Industry Ombudsman so decides, he or she must
32
transfer the complaint to that other statutory office-holder.
33
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
12 Postal Industry Ombudsman Bill 2005 No. , 2005
(3) If the Postal Industry Ombudsman transfers a complaint under
1
subsection (2), the Postal Industry Ombudsman must, as soon as is
2
reasonably practicable:
3
(a) give notice of the transfer, in writing, to the complainant; and
4
(b) give to the other statutory office-holder any information or
5
documents that relate to the complaint and are in the
6
possession or under the control of the Postal Industry
7
Ombudsman.
8
(4) In this section:
9
statutory office-holder means a person who holds any office or
10
appointment under a law of the Commonwealth, or under a law of a
11
State or Territory.
12
19Q Discretion not to investigate certain complaints
13
(1) This section applies if:
14
(a) a complaint has been made to the Postal Industry Ombudsman
15
with respect to action taken by Australia Post or by a
16
registered PPO; and
17
(b) in the opinion of the Postal Industry Ombudsman:
18
(i) the complaint is frivolous or vexatious or was not made
19
in good faith; or
20
(ii) the complainant does not have a sufficient interest in the
21
subject matter of the complaint; or
22
(iii) an investigation, or further investigation, of the action is
23
not warranted having regard to all the circumstances.
24
(2) The Postal Industry Ombudsman may, in his or her discretion:
25
(a) decide not to investigate the action; or
26
(b) if he or she has started to investigate the action--decide not to
27
investigate the action further.
28
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 13
Division 3--Powers and duties of the Postal Industry
1
Ombudsman
2
19R Application of other provisions of this Act to the Postal
3
Industry Ombudsman
4
(1) Subject to this section, the provisions covered by subsection (3)
5
apply in relation to the Postal Industry Ombudsman.
6
(2) Unless the contrary intention appears, the provisions covered by
7
subsection (3) apply as if:
8
(a) a reference in any of those provisions to the Ombudsman were
9
a reference to the Postal Industry Ombudsman; and
10
(b) a reference in any of those provisions to any of the following
11
were a reference to Australia Post or a registered PPO:
12
(i) a Department;
13
(ii) a prescribed authority;
14
(iii) a Department or a prescribed authority; and
15
(c) a reference in any of those provisions to an officer were a
16
reference to an officer within the meaning of this Part; and
17
(d) a reference in any of those provisions to a principal officer
18
were a reference to a principal officer within the meaning of
19
this Part.
20
(3) The provisions covered by this subsection are:
21
(a) Part I, other than the following provisions:
22
(i) subsections 3(2) to (5A);
23
(ii) subsections 3(6A) to (6C);
24
(iii) subsections 3(7A) and (7B);
25
(iv) subsections 3(9) to (18);
26
(v) section 3A; and
27
(b) Part II, other than the following provisions:
28
(i) sections 4 and 5;
29
(ii) subsection 6(1);
30
(iii) subsections 6(4A) to (4H);
31
(iv) subsections 6(6) to (15);
32
(v) section 6A;
33
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
14 Postal Industry Ombudsman Bill 2005 No. , 2005
(vi) paragraph 8(7A)(b);
1
(vii) subsections 8(8) to (10);
2
(viii) sections 8A and 8B;
3
(ix) paragraph 9(4)(ab);
4
(x) sections 10, 10A and 11;
5
(xi) subsections 11A(1) and (5);
6
(xii) sections 14 to 18;
7
(xiii) subsection 19(8); and
8
(c) subsection 31(1); and
9
(d) Part IV, other than the following provisions:
10
(i) section 34;
11
(ii) subsections 35(7) and (7A);
12
(iii) paragraph 35A(3)(a).
13
(4) Each provision of this Act specified in column 1 of the table applies
14
in relation to the Postal Industry Ombudsman in accordance with
15
the table:
16
17
Application of Act to Postal Industry Ombudsman
Column 1
Column 2
Column 3
Item
This provision of this
Act...
applies in relation to
the Postal Industry
Ombudsman as if a
reference in that
provision to...
were a reference to...
1
subsection 7A(1)
paragraph 5(1)(b)
paragraph 19M(2)(b)
2
subsection 11A(4)
the Minister
the Minister and the
Minister administering
the Australian Postal
Corporation Act 1989
3
subsections 12(4) and
(5)
section 15
section 19V
4
subsection 35(6A)
paragraph 6(4A)(e) or
(4D)(e)
paragraph 19P(3)(b)
5
subsection 35B(2)
(paragraph (a) of the
definition of listed
disclosure method)
Division 2 of Part II
section 19V, 19W or
19X
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 15
Application of Act to Postal Industry Ombudsman
Column 1
Column 2
Column 3
Item
This provision of this
Act...
applies in relation to
the Postal Industry
Ombudsman as if a
reference in that
provision to...
were a reference to...
6
subsection 35B(2)
(paragraph (b) of the
definition of listed
disclosure method)
section 6 or 6A
section 19N or 19P
1
(5) For the purposes of this Part, subsection 3(6) applies in relation to
2
the Postal Industry Ombudsman as if a reference in that subsection
3
to a prescribed authority were a reference to Australia Post.
4
19S Powers of the Postal Industry Ombudsman under section 9
5
The Postal Industry Ombudsman may exercise his or her powers
6
under section 9 for any of the following purposes:
7
(a) to determine whether he or she may investigate action under
8
this Part;
9
(b) to decide whether or not to investigate action, or to investigate
10
action further, under this Part;
11
(c) to start or further the conduct of an investigation under this
12
Part;
13
(d) to prepare a report in relation to an investigation under this
14
Part;
15
(e) if he or she has exercised a power for any of the purposes
16
mentioned in paragraphs (a) to (d)--to ascertain what action
17
has been taken by Australia Post or by a registered PPO
18
following the exercise of that power.
19
19T Duty to accord procedural fairness
20
The Postal Industry Ombudsman must comply with the rules of
21
procedural fairness when exercising a power under this Act.
22
Example 1:If the Postal Industry Ombudsman sets out a critical opinion of a
23
person in a report under section 19V, he or she must give that person
24
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
16 Postal Industry Ombudsman Bill 2005 No. , 2005
an opportunity to appear and make submissions to him or her (see
1
subsection 8(5)).
2
Example 2:The Postal Industry Ombudsman must accord procedural fairness to a
3
person if he or she sets out a critical opinion of the person:
4
(a)
in disclosing information, or making a statement, under
5
subsection 35A(1); or
6
(b)
in referring to an investigation in a report under section 19X.
7
19U Disclosure of identifying information
8
The Postal Industry Ombudsman must not, in referring to an
9
investigation in a report under section 19V or 19X, disclose the
10
name of a complainant or any other matter that would enable a
11
complainant to be identified, unless it is fair and reasonable in all
12
the circumstances to do so.
13
19V Postal Industry Ombudsman may report to Australia Post or
14
registered PPO
15
(1) This section applies if:
16
(a) an investigation under this Act into action taken by Australia
17
Post or a registered PPO (the investigated body) has been
18
completed; and
19
(b) the Postal Industry Ombudsman is of the opinion that the
20
action taken:
21
(i) appears to have been contrary to law; or
22
(ii) was unreasonable, unjust, oppressive or improperly
23
discriminatory; or
24
(iii) was otherwise, in all the circumstances, wrong; and
25
(c) the Postal Industry Ombudsman is of the opinion that:
26
(i) some particular action could be, and should be, taken to
27
rectify, mitigate or alter the effects of the action taken; or
28
(ii) a policy or practice on which the action taken was based
29
should be altered; or
30
(iii) reasons should have been, but were not, given for the
31
action taken; or
32
(iv) any other thing should be done in relation to the action
33
taken.
34
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 17
(2) The Postal Industry Ombudsman must report accordingly to the
1
investigated body.
2
(3) The Postal Industry Ombudsman:
3
(a) must include in the report his or her reasons for the opinions
4
specified in the report; and
5
(b) may also include in the report any recommendations he or she
6
thinks fit to make.
7
(4) The Postal Industry Ombudsman may ask the investigated body to
8
give him or her, within a specified time, particulars of any action
9
that the investigated body proposes to take with respect to the
10
matters and recommendations included in the report.
11
(5) The investigated body may give the Postal Industry Ombudsman
12
comments about the report.
13
(6) The Postal Industry Ombudsman must give a copy of:
14
(a) the report; and
15
(b) any comments given under subsection (5);
16
to the Minister administering the Australian Postal Corporation
17
Act 1989.
18
19W Minister to table certain reports in Parliament
19
(1) This section applies if:
20
(a) the Postal Industry Ombudsman has given a report under
21
section 19V to an investigated body; and
22
(b) action that is, in the opinion of the Postal Industry
23
Ombudsman, adequate and appropriate in the circumstances
24
is not taken with respect to the matters and recommendations
25
included in the report within a reasonable time after the report
26
was given to the investigated body.
27
(2) The Postal Industry Ombudsman may request the Minister
28
administering the Australian Postal Corporation Act 1989 to cause
29
copies of the report to be laid before each House of the Parliament.
30
(3) If the Postal Industry Ombudsman makes a request under
31
subsection (2), the Minister administering the Australian Postal
32
Corporation Act 1989 must cause copies of:
33
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
18 Postal Industry Ombudsman Bill 2005 No. , 2005
(a) the report; and
1
(b) any comments given under subsection 19V(5) before the
2
request was made;
3
to be laid before each House of the Parliament within 15 sitting days
4
of that House after that Minister receives the request.
5
19X Annual reports
6
(1) The Postal Industry Ombudsman has the same powers and duties
7
under this section as the Ombudsman has under subsections 19(1)
8
to (7B) with respect to the submission of reports relating to:
9
(a) his or her operations; and
10
(b) the exercise of his or her powers and the performance of his or
11
her functions.
12
(2) For the purposes of subsection (1), the powers and duties of the
13
Ombudsman do not include his or her powers and duties with
14
respect to reports relating to the Australian Capital Territory.
15
(3) A report relating to the operations of the Postal Industry
16
Ombudsman during a year may be included in a report under
17
section 19 relating to the operations of the Ombudsman during that
18
year.
19
(4) A report relating to the operations of the Postal Industry
20
Ombudsman during a year must:
21
(a) identify the number of complaints received by the Postal
22
Industry Ombudsman under this Part during that year; and
23
(b) if the Postal Industry Ombudsman has investigated action
24
under paragraph 19M(2)(a)--identify:
25
(i) the number of such investigations started during that
26
year; and
27
(ii) the number of such investigations completed during that
28
year; and
29
(c) if the Postal Industry Ombudsman has investigated action
30
under paragraph 19M(2)(b)--identify:
31
(i) the number of such investigations started during that
32
year; and
33
(ii) the number of such investigations completed during that
34
year; and
35
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 19
(d) include details of the circumstances and number of occasions
1
where the Postal Industry Ombudsman has made a
2
requirement of a person under section 9 (as that section
3
applies because of sections 19R and 19S) during that year;
4
and
5
(e) include details of the circumstances and number of occasions
6
where the holder of the office of Postal Industry Ombudsman
7
has decided under subsection 19N(3) to deal with, or to
8
continue to deal with, a complaint or part of a complaint in his
9
or her capacity as the holder of the office of Commonwealth
10
Ombudsman during that year; and
11
(f) include details of recommendations made during that year in
12
reports under section 19V; and
13
(g) include statistical information about actions taken during that
14
year as a result of such recommendations.
15
19Y Postal Industry Ombudsman may notify employer of
16
misconduct
17
(1) This section applies if the Postal Industry Ombudsman becomes of
18
the opinion, either before or after completing an investigation under
19
this Act, that there is evidence that a person who is an officer of
20
Australia Post or of a registered PPO, has engaged in misconduct.
21
(2) If the Postal Industry Ombudsman is of the opinion that the
22
evidence is, in all the circumstances, of sufficient force to justify his
23
or her doing so, the Postal Industry Ombudsman may bring the
24
evidence to the notice of:
25
(a) if the person is the principal officer of Australia Post--the
26
Minister administering the Australian Postal Corporation Act
27
1989; or
28
(b) if the person is an officer of Australia Post but not the
29
principal officer of Australia Post--the principal officer of
30
Australia Post; or
31
(c) if the person is an officer of a registered PPO--the principal
32
officer of that PPO.
33
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
20 Postal Industry Ombudsman Bill 2005 No. , 2005
19Z Limitation on liability where information or documents
1
provided in good faith or when required to do so
2
(1) A person is neither liable to a proceeding, nor subject to a liability,
3
under an enactment merely because the person, in good faith and in
4
relation to the Postal Industry Ombudsman's functions or powers:
5
(a) gives information to the Postal Industry Ombudsman (other
6
than in accordance with a requirement under section 9); or
7
(b) gives a document or other record to the Postal Industry
8
Ombudsman (other than in accordance with a requirement
9
under section 9).
10
Note:
For information, documents or other records given in accordance with
11
a requirement under section 9, see subsections 9(4) and (5).
12
(2) To avoid doubt, subsection (1) does not prevent the person from
13
being liable to a proceeding, or being subject to a liability, for
14
conduct of the person that is revealed by the information, document
15
or record given to the Postal Industry Ombudsman.
16
(3) This section does not limit section 37.
17
Division 4--Register of PPOs
18
19ZA Registration of PPOs
19
(1) The Postal Industry Ombudsman is to establish and maintain a
20
Register of PPOs.
21
(2) A PPO may apply, in writing, to the Postal Industry Ombudsman to
22
be registered for the purposes of this Part.
23
(2A) Notwithstanding subsection (2), where a PPO meets the conditions
24
specified in this section, it must apply in writing to the Postal
25
Industry Ombudsman to be registered for the purposes of this Part
26
where:
27
(a) the PPO comprises 20 or more employees; and
28
(b) the PPO annual financial turnover threshold is greater than
29
$1,000,000.
30
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 21
(3) If the Postal Industry Ombudsman receives an application under
1
subsection (2), the Postal Industry Ombudsman must include that
2
PPO on the Register of PPOs.
3
(4) A PPO is taken to be registered for the purposes of this Part from
4
the time when the Postal Industry Ombudsman includes that PPO on
5
the Register.
6
19ZB Information to be included in Register
7
(1) The Postal Industry Ombudsman must include the following
8
information in the register:
9
(a) the name of the PPO;
10
(b) if the PPO has an ABN (within the meaning of the section 41
11
of the A New Tax System (Australian Business Number) Act
12
1999)--that ABN;
13
(c) the date on which the PPO was included on the Register.
14
(2) A registered PPO must notify the Postal Industry Ombudsman of
15
any changes to the information included in relation to that PPO in
16
the Register.
17
19ZC Deregistration of PPOs
18
(1) A registered PPO may apply, in writing, to the Postal Industry
19
Ombudsman to no longer be registered for the purposes of this Part.
20
(2) If the Postal Industry Ombudsman receives an application under
21
subsection (1) on a particular date (the deregistration date):
22
(a) the Postal Industry Ombudsman must enter the deregistration
23
date in the Register of PPOs; and
24
(b) the Postal Industry Ombudsman must remove the PPO from
25
the Register of PPOs 12 months after the deregistration date;
26
and
27
(c) the PPO is taken to no longer be registered for the purposes of
28
this Part from the deregistration date.
29
Note:
In certain circumstances, a PPO that is no longer registered for the
30
purposes of this Part may still be treated as a registered PPO (see
31
section 19J).
32
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 1 Amendment of the Ombudsman Act 1976
22 Postal Industry Ombudsman Bill 2005 No. , 2005
19ZD Register may be maintained by electronic means
1
(1) The Register may be maintained by electronic means.
2
(2) The Register is to be made available for inspection on the Internet.
3
Division 5--Fees for investigations
4
19ZE Fees for investigations
5
(1) The Postal Industry Ombudsman may, on behalf of the
6
Commonwealth, charge Australia Post or a registered PPO fees in
7
relation to an investigation:
8
(a) that was conducted under paragraph 19M(2)(a), into action
9
taken by Australia Post or the registered PPO (as the case
10
may be); and
11
(b) that has been completed.
12
Note:
In certain circumstances, a PPO that is no longer registered for the
13
purposes of this Part may still be treated as a registered PPO (see
14
section 19J).
15
(2) The amount of a fee:
16
(a) must not be more than the amount that, in the opinion of the
17
Postal Industry Ombudsman, represents the costs incurred by
18
the Postal Industry Ombudsman in conducting the
19
investigation; and
20
(b) must not be such as to amount to taxation.
21
(3) The Minister administering the Australian Postal Corporation Act
22
1989 may make a written determination specifying the total amount
23
of fees that may be charged under this section in relation to
24
investigations that the Postal Industry Ombudsman completed
25
during a specified financial year.
26
(4) A determination made under subsection (3) is not a legislative
27
instrument for the purposes of the Legislative Instruments Act
28
2003.
29
(5) If a determination has been made under subsection (3) for a
30
financial year, the total amount of fees charged under this section in
31
relation to investigations that the Postal Industry Ombudsman
32
Amendments relating to the Postal Industry Ombudsman Schedule 1
Amendment of the Ombudsman Act 1976 Part 1
Postal Industry Ombudsman Bill 2005 No. , 2005 23
completed during that financial year must not exceed the amount
1
specified in the determination.
2
(6) The regulations may:
3
(a) prescribe one or more methods to be used in working out the
4
amount of a fee; and
5
(b) prescribe the time by which a fee is due and payable.
6
(7) A fee is payable to the ACA on behalf of the Commonwealth.
7
(8) The ACA must, as soon as practicable, bank any amount it receives
8
under subsection (7) in an official account within the meaning of the
9
Financial Management and Accountability Act 1997.
10
(9) A fee:
11
(a) is a debt due to the ACA on behalf of the Commonwealth; and
12
(b) is recoverable by the ACA, on behalf of the Commonwealth,
13
in a court of competent jurisdiction.
14
12 After subsection 34(2)
15
Insert:
16
(2A) The Postal Industry Ombudsman may, either generally or as
17
otherwise provided by the instrument of delegation, by instrument in
18
writing, delegate to a person all or any of his or her powers under
19
this Act, other than his or her powers under sections 19V and 19W
20
and his or her powers referred to in section 19X.
21
13 Subsections 34(3) and (4)
22
Omit "(1) or (2)", substitute "(1), (2) or (2A)".
23
14 Subsections 34(3) and (4)
24
Omit "or Defence Force Ombudsman", substitute ", Defence Force
25
Ombudsman or Postal Industry Ombudsman".
26
Schedule 1 Amendments relating to the Postal Industry Ombudsman
Part 2 Amendment of other Acts
24 Postal Industry Ombudsman Bill 2005 No. , 2005
1
Part 2--Amendment of other Acts
2
Migration Act 1958
3
15 Paragraph 193(3)(b)
4
Omit "the person.", substitute "the person; and".
5
16 At the end of subsection 193(3)
6
Add:
7
(c) a person covered by subsection (1) has not made a complaint
8
to the Postal Industry Ombudsman, paragraph 7(3)(b) of the
9
Ombudsman Act 1976 (as that paragraph applies because of
10
section 19R of that Act) does not apply to the person.
11
Privacy Act 1988
12
17 At the end of paragraph 50(2)(a)
13
Add:
14
(iii) to the Postal Industry Ombudsman under the
15
Ombudsman Act 1976; or
16
18 Subsection 50(2)
17
Omit "the Human Rights and Equal Opportunity Commission, the
18
Ombudsman, or the Public Service Commissioner" (wherever occurring),
19
substitute "the Human Rights and Equal Opportunity Commission, the
20
Ombudsman, the Postal Industry Ombudsman or the Public Service
21
Commissioner".
22
19 At the end of paragraph 50(3)(a)
23
Add:
24
(iii) to the Postal Industry Ombudsman under the
25
Ombudsman Act 1976; or
26
Amendments relating to the Postal Industry Ombudsman Schedule 1
Application and transitional provisions Part 3
Postal Industry Ombudsman Bill 2005 No. , 2005 25
1
Part 3--Application and transitional provisions
2
20 Application
3
(1)
The amendments made by Part 1 of this Schedule apply in relation to
4
action taken by Australia Post or a registered PPO after the
5
commencement of this Part.
6
(2)
The amendments made by items 17, 18 and 19 of this Schedule apply in
7
relation to complaints made after the commencement of this Part.
8
21 Transitional--reports under section 19X
9
The first report under section 19X of the Ombudsman Act 1976 relating
10
to the operations of the Postal Industry Ombudsman during a year must
11
relate to the operations of the Postal Industry Ombudsman during the
12
period that:
13
(a) started on the commencement of this Part; and
14
(b) ended on the 30 June first occurring after that commencement.
15
Schedule 2 Other amendments of the Ombudsman Act 1976
26 Postal Industry Ombudsman Bill 2005 No. , 2005
1
Schedule 2--Other amendments of the
2
Ombudsman Act 1976
3
4
Ombudsman Act 1976
5
1 Subsection 3(1) (definition of enactment)
6
Omit "section 3AA", substitute "section 3B".
7
2 Subsection 3(1) (paragraph (b) of the definition of
8
prescribed authority)
9
Omit "section 3AB", substitute "section 3A".
10
3 Subsection 19F(1)
11
Omit "subsections 31(2) and (3)", substitute "subsection 31(2)".
12
4 Subsection 34(6)
13
Repeal the subsection.
14
5 Subsection 35B(2) (paragraph (a) of the definition of listed
15
disclosure method)
16
Omit "Part 2", substitute "Part II".
17