Commonwealth Numbered Acts

OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 5

5. (1) Subject to this Act, the Ombudsman-

   (a)  shall investigate action, being action that relates to a matter of
        administration, taken either before or after the commencement of this
        Act by a Department, or by a prescribed authority, and in respect of
        which a complaint has been made to the Ombudsman; and

   (b)  may, of his own motion, investigate any other action, being action
        that relates to a matter of administration, taken either before or
        after the commencement of this Act by a Department or by a
        prescribed authority.

(2) The Ombudsman is not authorized to investigate-

   (a)  action taken by a Minister;

   (b)  action taken by a Justice or Judge of a court created by the
        Parliament;

   (c)  action taken by a magistrate or coroner for the Australian Capital
        Territory or the Northern Territory;

   (d)  action taken by any body or person with respect to persons employed in
        the Australian Public Service, the Public Service of the Northern
        Territory or the service of a prescribed authority, being action taken
        in relation to that employment, including action taken with respect to
        the promotion, termination of appointment or discipline of a person so
        employed or the payment of remuneration to such a person;

   (e)  action that a person employed in the Public Service of the Northern
        Territory as a member of the staff of the Legislative Assembly for the
        Northern Territory takes, or purports to take, by virtue of his being
        a member of that staff;

   (f)  action that the Defence Force Ombudsman is authorized to investigate;
        or

   (g)  action taken by a Department or by a prescribed authority with respect
        to the appointment of a person to an office established by or under an
        enactment, not being an office in the Australian Public Service, an
        office in the Public Service of the Northern Territory or an office in
        the service of a prescribed authority.

(3) A reference in paragraph (2) (a) to action taken by a Minister does not
include a reference to action taken by a delegate of a Minister.

(4) Paragraph (2) (d) does not prevent the Ombudsman from investigating action
taken by a member of a Police Force referred to in sub-section 3 (10), or by
any other person, with respect to a complaint made to a member of that Police
Force concerning action taken by another member of that Police Force.