Commonwealth Numbered Acts

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OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 14

14. After section 25 of the Principal Act the following section is inserted:
Investigations by Commonwealth and State Ombudsmen

"25A. (1) The Commonwealth Ombudsman may, if he thinks fit, make an
arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more
States, for and in relation to the investigation by any one or more of the
Ombudsmen of action referred to in any of the following paragraphs:

   (a)  action taken by a member or by the Australian Federal Police and
        action taken -

        (i)    by a member of the police force of a State;

        (ii)   by the police force of a State; or

        (iii)  by a Department of a State or by an authority of a State;

   (b)  action taken by a body established jointly or administered jointly by
        the Commonwealth and one or more States, being a body that includes a
        member or members of the Australian Federal Police and a member or
        members of the police force of a State or the police forces of 2 or
        more States;

   (c)  action taken by a body referred to in paragraph (b) and action taken -

        (i)    by a member or by the Australian Federal Police;

        (ii)   by a member of the police force of a State;

        (iii)  by the police force of a State; or

        (iv)   by a Department of a State or by an authority of a State.

"(2) An arrangement made in pursuance of sub-section (1) may relate to
particular action or actions, to a series of related actions or to actions
included in a class or classes of actions.

"(3) The Commonwealth Ombudsman may arrange with the other Ombudsman or
Ombudsmen with whom an arrangement is in force under this section for the
variation or revocation of the arrangement.

"(4) An arrangement under this section, or the variation or revocation of such
an arrangement, shall be in writing.

"(5) The regulations may make provision for and in relation to the
participation by the Ombudsman in the carrying out of an investigation in
pursuance of an arrangement under this section.

"(6) Nothing in this section affects the powers and duties of the Ombudsman
under any other provision of this Part.

"(7) Sub-section (1) shall not be taken to empower the Ombudsman -

   (a)  to exercise any of the powers of the Ombudsman of a State except in
accordance with sub-section 34 (7) of the Ombudsman Act 1976; or

   (b)  to make an arrangement for the exercise by the Ombudsman of a State
of a power of the Ombudsman except in accordance with an
instrument of delegation referred to in sub-section 40 (1) of this Act.". 


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