Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 180

180 Replacement of s 50 (Report and recommendation)

Section 50—
omit, insert—

50 Report and recommendations

(1) This section applies if the ombudsman considers—

(a) the administrative action should be referred to the agency for further consideration; or

(b) action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or

(c) a practice under which the administrative action was taken should be changed; or

(d) any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or

(e) reasons, or further reasons, should be given for the administrative action; or

(f) any other steps should be taken.

(2) The ombudsman may—

(a) give the principal officer of the agency a report that—

(i) states the action the ombudsman considers should be taken; and

(ii) makes recommendations the ombudsman considers appropriate; and

(b) if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and

(c) if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.

(3) If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman—

(a) must give the principal officer of the agency a report that—

(i) states the nature of the breach of duty or misconduct; and

(ii) makes recommendations the ombudsman considers appropriate; and

(b) if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and

(c) may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to—

(i) the responsible Minister for the agency; and

(ii) if the agency is a local government—the local government’s mayor.

Note—

The ombudsman must also, under the Crime and Corruption Act 2001 , section 38, notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act.

(4) If the principal officer of a local government is given a report under subsection (2)(a) or (3)(a), the principal officer must—

(a) give a copy of the report to all the members, however named, of the local government; and

(b) if the principal officer is given a direction under subsection (2)(b) or (3)(b) to table a copy of the report at a meeting of the local government—table the report as directed.