Commonwealth Numbered Acts

OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''authorized person'' means-

   (a)  a person appointed by the Ombudsman to be an authorized person for the
        purposes of this Act; or

   (b)  a person included in a class of persons appointed by the Ombudsman to
        be authorized persons for the purposes of this Act;

''Department'' means-

   (a)  a Department of the Australian Public Service other than the
        Department of the Senate, the Department of the House of
        Representatives, the Department of the Parliamentary Library, the
        Department of the Parliamentary Reporting Staff and the Joint House
        Department; or

   (b)  a Department of the Public Service of the Northern Territory;

''Deputy Ombudsman'' means a Deputy Commonwealth Ombudsman;

''Deputy Ombudsman for the Australian Capital Territory'' means the Deputy
Ombudsman who is, by virtue of a notice under sub-section 23 (1) that is in
force, designated as the Deputy Ombudsman for the Australian Capital
Territory;

''Deputy Ombudsman for the Northern Territory'' means the Deputy Ombudsman who
is, by virtue of a notice under sub-section 23 (1) that is in force,
designated as the Deputy Ombudsman for the Northern Territory;

''enactment'' means-

   (a)  an Act;

   (b)  an Ordinance of the Australian Capital Territory or of the Northern
        Territory; or

   (c)  an instrument (including rules, regulations or by-laws) made under an
        Act or under such an Ordinance;

''Local Government Ordinance of the Northern Territory'' means the Local
Government Ordinance 1954 of the Northern Territory or that Ordinance as
amended and in force at any time;

''officer'' means-

   (a)  in relation to a Department-

        (i)    a person (including the principal officer of the Department)
               employed, whether in a permanent or temporary capacity, in the
               Department; or

        (ii)   any other person (not being a Minister) authorized to exercise
               powers or perform functions of the Department on behalf of the
               Department; and

   (b)  in relation to a prescribed authority-

        (i)    the person who constitutes, or is acting as the person who
               constitutes, the authority;

        (ii)   a person who is, or is acting as, a member of the authority or
               is a deputy of such a member;

        (iii)  a person who is employed in the service of, or is a member of
               the staff of, the authority, whether or not he is employed by
               the authority; or

        (iv)   a person authorized by the authority to exercise any powers or
               perform any functions of the authority on behalf of the
               authority;

''Ombudsman'' means the Commonwealth Ombudsman;

''Ordinance'', in relation to the Australian Capital Territory or the Northern
Territory, includes a law of a State that applies, or the provisions of a law
of a State that apply, in the Territory by virtue of an enactment;

''prescribed authority'' means-

   (a)  a body corporate, or an unincorporated body, established for a public
        purpose by, or in accordance with the provisions of, an enactment,
        other than-

        (i)    an incorporated company or association;

        (ii)   a body that has the power to take evidence on oath or
               affirmation and is constituted by, or includes among its
               members, a person who is a Justice or Judge of a court created
               by the Parliament or a person who has, by virtue of an Act, the
               same status as a Justice or Judge of such a court;

        (iii)  a body that, under sub-section (2) or the regulations, is not
               to be taken to be a prescribed authority for the purposes of
               this Act;

        (iv)   the Australian Capital Territory Legislative Assembly; and

        (v)    the Legislative Assembly for the Northern Territory;

   (b)  any other body, whether incorporated or unincorporated, declared by
        the regulations to be a prescribed authority for the purposes of this
        Act, being-

        (i)    a body established by the Governor-General or by a Minister; or

        (ii)   an incorporated company over which the Commonwealth is in a
               position to exercise control;

   (c)  the person holding, or performing the duties of, an office established
        by an enactment, other than such a person who, under sub-section (3)
        or the regulations, is not to be taken to be a prescribed authority
        for the purposes of this Act; or

   (d)  the person performing the duties of an appointment declared by the
        regulations to be an appointment the holder of which is a
        prescribed authority for the purposes of this Act, being an
        appointment made by the Governor-General, or by a Minister, otherwise
        than under an enactment;

''principal officer'' means-

   (a)  in relation to a Department of the Australian Public Service-the
        person holding, or performing the duties of, the office of Permanent
        Head of the Department;

   (b)  in relation to a Department of the Public Service of the Northern
        Territory-the person holding, or performing the duties of, the office
        of Administrator of that Territory; and

   (c)  in relation to a prescribed authority-

        (i)    if the regulations declare an office to be the principal office
               in respect of the authority-the person holding, or performing
               the duties of, that office; or

        (ii)   in any other case-the person who constitutes, or is acting as
               the person who constitutes, that authority or, if the authority
               is constituted by 2 or more persons, the person who is entitled
               to preside at any meeting of the authority at which he is
               present;

''responsible Minister'', in relation to a matter, or to action taken in or in
relation to a matter, means-

   (a)  if a Department of the Australian Public Service is responsible for
        dealing with the matter-the Minister administering that Department;

   (b)  if a Department of the Public Service of the Northern Territory is
        responsible for dealing with the matter-the Minister for the Northern
        Territory;

   (c)  if a prescribed authority referred to in paragraph (a) of the
definition of ''prescribed authority'' is responsible for dealing with a
matter-the Minister administering the enactment by which, or in accordance
with the provisions of which, the prescribed authority is established;

   (d)  if a prescribed authority referred to in paragraph (c) of that
        definition is responsible for dealing with the matter-the Minister
        administering the enactment by which the office is established; or

   (e)  if any other prescribed authority is responsible for dealing with the
        matter-the Minister declared by the regulations to be the responsible
        Minister in respect of that authority,

or another Minister acting for and on behalf of that Minister.

(2) An unincorporated body, being a board, council, committee, sub-committee
or other body established by, or in accordance with the provisions of, an
enactment for the purpose of assisting, or performing functions connected
with, a prescribed authority shall not be taken to be a prescribed authority
for the purpose of this Act, but action taken by the body, or by a person on
its behalf, shall, for the purpose of this Act, be deemed to have been taken
by that prescribed authority.

(3) A person shall not be taken to be a prescribed authority-

   (a)  by virtue of his holding an office of member of the Australian Capital
        Territory Legislative Assembly or member of the Legislative Assembly
        for the Northern Territory; or

   (b)  by virtue of his holding, or performing the duties of-

        (i)    an office the duties of which he performs as duties of his
               employment as an officer or employee of a Department or as a
               member of the staff of a prescribed authority;

        (ii)   an office of member of a body; or

        (iii)  an office established by an enactment for the purposes of a
               prescribed authority, but any action taken by or on behalf of a
               person holding, or performing the duties of, an office referred
               to in paragraph (b) shall, for the purposes of this Act, be
               deemed to have been taken by the Department, body or prescribed
               authority concerned.

(4) Where-

   (a)  action is taken in the exercise of a power or the performance of a
        function conferred by an enactment on a person who is authorized to
        exercise the power or perform the function by reason of his holding an
        appointment made by, or by reason of authority given by, the
        Governor-General, a Minister, the Permanent Head of a Department or
        the Administrator of the Northern Territory under the same or another
        enactment; and

   (b)  the person-

        (i)    is not an officer of a Department, or of a
               prescribed authority, for the purposes of this Act; and

        (ii)   does not exercise the power or perform the function by reason
               of his holding, or performing the duties of, an office
               established by, or in accordance with the provisions of, an
               enactment or by reason of his being a Judge of a court of, or a
               magistrate of, a State or Territory, the action shall be deemed
               to be taken, for the purposes of this Act, by the Department
               responsible for dealing with the matter in connexion with which
               the action is taken.

(5) For the purposes of this Act, action that is taken by an officer of a
Department shall be deemed to be taken by the Department-

   (a)  if the officer takes, or purports to take, the action by virtue of his
        being an officer of the Department, whether or not-

        (i)    the action is taken for or in connexion with, or as incidental
               to, the performance of the functions of the Department; or

        (ii)   the taking of the action is within the duties of the officer;
               or

   (b)  if the officer takes, or purports to take, the action in the exercise
        of powers or the performance of functions conferred on him by an
        enactment.

(6) For the purposes of this Act, action that is taken by an officer of a
prescribed authority shall be deemed to be taken by the authority-

   (a)  if the officer takes, or purports to take, the action by virtue of his
        being an officer of the authority, whether or not-

        (i)    the action is taken for or in connexion with, or as incidental
               to, the performance of the functions of the
               prescribed authority; or

        (ii)   the taking of the action is within the duties of the officer;
               or

   (b)  if the officer takes, or purports to take, the action in the exercise
        of powers or the performance of functions conferred on him by an
        enactment.

(7) In this Act, unless the contrary intention appears, a reference to the
taking of action includes a reference to-

   (a)  the making of a decision or recommendation; and

   (b)  failure or refusal to take any action or to make a decision or
        recommendation.

(8) A reference in this Act to the international relations of the Commonwealth
is a reference to the relations of the Commonwealth with the Government of
another country or with an international organization.

(9) For the purposes of this Act, each of the following Police Forces shall be
deemed to be a prescribed authority, namely-

   (a)  the Commonwealth Police Force;

   (b)  the Police Force of the Australian Capital Territory; and

   (c)  the Police Force of the Northern Territory.

(10) In the application of this Act to and in relation to a Police Force
referred to in sub-section (9), references in this Act to an officer of a
prescribed authority shall be read as references to-

   (a)  in the case of the Commonwealth Police Force-a Commonwealth Police
        Officer or a special Commonwealth Police Officer;

   (b)  in the case of the Police Force of the Australian Capital Territory-a
        person included in the persons who constitute that Police Force or a
        person who is a member of that Police Force by virtue of having been
        appointed as a special constable; and

   (c)  in the case of the Police Force of the Northern Territory-a member of
        that Police Force.