Commonwealth Consolidated Acts

OMBUDSMAN ACT 1976

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   3A.     Prescribed authorities: Commonwealth - controlled companies  
   3B.     Certain legislation relating to Australian Capital Territory not to be enactment  
   3BA.    Commonwealth service providers  
   3C.     Application of Act  
   3D.     Application of the Criminal Code  

   PART II--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE OMBUDSMAN

           Division 1--Establishment and functions

   4.      Establishment of offices of Ombudsman and Deputy Ombudsman  
   4A.     The Office of the Commonwealth Ombudsman  
   5.      Functions of Ombudsman  
   5A.     Public interest disclosure functions of Ombudsman  
   5B.     Transfer of complaints from the Inspector - General of Intelligence and Security  
   6.      Discretion not to investigate certain complaints  
   6A.     Transfer of complaints about ACC  
   6B.     Transfer of complaints about National Anti - Corruption Commissioner  
   6C.     Transfer of complaints to Information Commissioner  
   6D.     Tax administration matters and transfer of complaints to Inspector - General of Taxation  
   6E.     Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman  
   6F.     Transfer of complaints to the Inspector - General of Intelligence and Security  
   6G.     Transfer of information to the National Anti - Corruption Commissioner or the Inspector  
   7.      Complaints  
   7A.     Preliminary inquiries  
   8.      Investigations  
   8A.     Investigations by Commonwealth and State Ombudsmen  
   8B.     Investigations by other authorities of ACC actions  
   8C.     Investigations by other authorities of National Anti - Corruption Commission actions  
   8D.     Investigations by Ombudsman and Australian Federal Police  
   9.      Power to obtain information and documents  
   10.     Unreasonable delay in exercising power  
   10A.    Ombudsman may refer questions to the Administrative Review Tribunal  
   11.     Ombudsman may recommend that the principal officer refer questions to the Administrative Review Tribunal  
   11A.    Powers of Federal Court of Australia  
   12.     Complainant and Department etc. to be informed  
   13.     Power to examine witnesses  
   14.     Power to enter premises  

           Division 2--Reports

   15.     Reports by Ombudsman  
   16.     Reports where appropriate action not taken on Ombudsman's report  
   17.     Special reports to Parliament  
   18.     Ombudsman may have further discussion with principal officer  
   19.     Reports to Parliament  

   PART IIA--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE DEFENCE FORCE OMBUDSMAN

   19B.    Establishment of office of Defence Force Ombudsman  
   19C.    Functions of Defence Force Ombudsman  
   19D.    Discretion to investigate complaints as Commonwealth Ombudsman or as Defence Force Ombudsman  
   19E.    Discretion with respect to certain complaints  
   19F.    Application of provisions of Act to Defence Force Ombudsman  
   19FA.   Reports of the Defence Force Ombudsman  

   PART IIB--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE POSTAL INDUSTRY OMBUDSMAN

           Division 1--Preliminary

   19G.    Definitions  
   19H.    Action taken by contractors  
   19J.    Continued application of this Act to deregistered PPOs  
   19K.    Part IIB not to affect operation of other provisions of this Act  

           Division 2--Establishment and functions of the Postal Industry Ombudsman

   19L.    Establishment of office of Postal Industry Ombudsman  
   19M.    Functions of Postal Industry Ombudsman  
   19N.    Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman  
   19P.    Discretion to refer complaint to another statutory office - holder  
   19Q.    Discretion not to investigate certain complaints  

           Division 3--Powers and duties of the Postal Industry Ombudsman

   19R.    Application of other provisions of this Act to the Postal Industry Ombudsman  
   19S.    Powers of the Postal Industry Ombudsman under section 9  
   19T.    Duty to accord procedural fairness  
   19U.    Disclosure of identifying information  
   19V.    Postal Industry Ombudsman may report to Australia Post or registered PPO  
   19W.    Minister to table certain reports in Parliament  
   19X.    Reports of the Postal Industry Ombudsman  
   19Y.    Postal Industry Ombudsman may notify employer of misconduct  
   19Z.    Limitation on liability where information or documents provided in good faith or when required to do so  

           Division 4--Register of PPOs

   19ZA.   Registration of PPOs  
   19ZB.   Information to be included in Register  
   19ZC.   Deregistration of PPOs  
   19ZD.   Register may be maintained by electronic means  

           Division 5--Fees for investigations

   19ZE.   Fees for investigations  

   PART IIC--ESTABLISHMENT--, FUNCTIONS, POWERS AND DUTIES OF THE OVERSEAS STUDENTS OMBUDSMAN

           Division 1--Preliminary

   19ZF.   Definitions  
   19ZG.   Continued application of Part to former registered providers  
   19ZH.   Part not to affect operation of other provisions of this Act  

           Division 2--Establishment and functions of the Overseas Students Ombudsman

   19ZI.   Establishment of office of Overseas Students Ombudsman  
   19ZJ.   Functions of Overseas Students Ombudsman  
   19ZK.   Transfer of complaints  
   19ZL.   Discretion not to investigate certain complaints  

           Division 3--Powers and duties of the Overseas Students Ombudsman

   19ZM.   Application of other provisions of this Act to the Overseas Students Ombudsman  
   19ZN.   Powers of the Overseas Students Ombudsman under section 9  
   19ZO.   Duty to accord procedural fairness  
   19ZP.   Disclosure of identifying information  
   19ZQ.   Overseas Students Ombudsman may report to private registered provider  
   19ZR.   Minister to table certain reports in Parliament  
   19ZS.   Reports of the Overseas Students Ombudsman  
   19ZT.   Overseas Students Ombudsman may notify of misconduct  
   19ZU.   Limitation on liability where information or documents provided in good faith or when required to do so  

   PART IID--PRIVATE--HEALTH INSURANCE OMBUDSMAN

           Division 1--Preliminary

   20.     Principal object of this Part  
   20A.    Definitions for this Part  
   20B.    Private Health Insurance Ombudsman Rules  

           Division 2--Establishment and functions of the Private Health Insurance Ombudsman

   20C.    Establishment of office of Private Health Insurance Ombudsman  
   20D.    Functions of Private Health Insurance Ombudsman  

           Division 3--Complaints

              Subdivision A--Relevant complaints

   20E.    Who may make a complaint  
   20F.    Persons against whom complaints may be made  
   20G.    Grounds for complaint  

              Subdivision B--Dealing with complaints

   20H.    Initial receipt of complaint  
   20J.    Ways of dealing with complaints  
   20K.    Referral to the Australian Competition and Consumer Commission  
   20L.    Referral to other bodies  
   20M.    Deciding not to deal with a complaint  

              Subdivision C--Referral to subjects of complaints

   20N.    Referral to the subject of the complaint  

              Subdivision D--Investigation of complaints

   20P.    Investigation of complaint  

              Subdivision E--Recommendations and reports

   20Q.    Recommendations as a result of referral or investigation  
   20R.    Report to Health Minister on outcome of investigation under Subdivision D  

              Subdivision F--Miscellaneous

   20S.    Complainant to be kept informed  

           Division 3A--Inspection and audit

              Subdivision A--Inspection and audit

   20SA.   Powers to conduct inspections and audits  

              Subdivision B--Recommendations and reports

   20SB.   Recommendation and reporting powers as a result of inspection or audit  

           Division 4--Investigations

              Subdivision A--Investigations

   20T.    Initiating investigations  
   20TA.   Powers to inspect documents etc.  

              Subdivision B--Recommendations and reports

   20U.    Recommendations as a result of investigation  
   20V.    Report to Health Minister on outcome of investigations under this Division  
   20W.    Consultation with Australian Competition and Consumer Commission  

           Division 5--Mediation

   20X.    Conducting mediation  
   20Y.    Participation in mediation may be compulsory  
   20Z.    Medical practitioners may appoint representatives  
   20ZA.   Conduct of compulsory mediation  
   20ZB.   Admissibility of things said in mediation  
   20ZC.   Appointment of mediators  

           Division 6--Information-gathering

   20ZD.   Information - gathering--requests for PHI records and information  
   20ZE.   Information - gathering--notices requiring PHI records and information  
   20ZF.   Information - gathering--compliance with requests and notices  

           Division 7--Provisions relating to the Private Health Insurance Ombudsman

   20ZG.   Reports of the Private Health Insurance Ombudsman  

           Division 8--Miscellaneous

   20ZH.   Victimisation  
   20ZHA.  Announcement before entry  
   20ZHB.  Responsibility to provide facilities and assistance  
   20ZI.   Giving information about the Private Health Insurance Ombudsman  
   20ZIA.  Identity cards  
   20ZJ.   Private Health Insurance Ombudsman Rules  
   20ZK.   Application of certain provisions of the Act  

   PART IIE--VET--STUDENT LOANS OMBUDSMAN

           Division 1--Establishment and functions

   20ZL.   Establishment of office of VET Student Loans Ombudsman  
   20ZM.   Functions of VET Student Loans Ombudsman  
   20ZN.   Performance of functions  

           Division 2--Investigations and complaints

   20ZO.   Investigations  
   20ZP.   Complaints  
   20ZQ.   Referral of complaints to other bodies  
   20ZR.   Deciding not to investigate complaints  

           Division 3--Other powers of the VET Student Loans Ombudsman

   20ZS.   Application of Act to VET Student Loans Ombudsman  
   20ZT.   Duty to accord procedural fairness  

           Division 4--Reporting by the VET Student Loans Ombudsman

   20ZU.   Disclosure of identifying information  
   20ZV.   Reports to VET student loan scheme providers  
   20ZW.   Minister to table reports about VET student loan scheme providers in Parliament  
   20ZX.   Annual and other reports by the VET Student Loans Ombudsman  
   20ZY.   VET Student Loans Ombudsman may notify of misconduct  
   20ZZ.   Limitation on liability where information or documents provided in good faith or when required to do so  

           Division 5--Other provisions relating to the VET Student Loans Ombudsman

   20ZZA.  Part does not limit application of other provisions  
   20ZZB.  Alternative constitutional basis  

   PART III--CONDITIONS--OF SERVICE, AND STAFF, OF THE OMBUDSMAN

           Division 1--Ombudsman

   21A.    Interpretation  
   21.     Appointment of Ombudsman  
   22.     Tenure of office  
   23.     Deputy Ombudsman  
   24.     Salary and allowances  
   25.     Leave of absence  
   26.     Resignation  
   27.     Retirement  
   28.     Suspension and removal of Ombudsman  
   28A.    Removal taken to be retirement on ground of invalidity  
   28B.    Retirement on ground of invalidity under the Superannuation Acts  
   29.     Acting appointments  

           Division 2--Staff

   31.     Staff  

   PART IV--MISCELLANEOUS

   33.     Ombudsman not to be sued  
   34.     Delegation  
   35.     Officers to observe confidentiality  
   35AA.   Disclosure of information and documents to National Anti - Corruption Commissioner or Inspector  
   35AB.   Disclosure of information and documents to Inspector - General of Intelligence and Security  
   35A.    Disclosure of information by Ombudsman  
   35B.    Disclosure of ACC information  
   35C.    Disclosure of NACC information  
   36.     Offences  
   37.     Protection from civil actions  
   38.     Regulations