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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Neighbourhood Dispute Resolution
Bill 2008
A BILL FOR
An Act to provide an alternative dispute resolution mechanism for
residential neighbours.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
Part 2—Neighbourhood Ombudsman
4 Appointment
of Neighbourhood Ombudsman
5 Appointment of acting
Ombudsman
6 Staff
7 Delegation
8 Independence of Ombudsman
9 Annual
report
Part 3—Applications to Ombudsman
10 The
making of complaints
11 Investigations
12 Ombudsman may refuse to deal
with certain complaints
13 Conciliation of complaint
14 Advice to be
provided to claimant
15 Referrals to police or other agencies
Part
4—Miscellaneous
16 Confidentiality
17 Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Neighbourhood Dispute Resolution
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
complainant—see section 10;
neighbour of a person means the owner or occupier of
residential premises adjacent to, or in the vicinity of, residential premises
owned or occupied by the person;
Ombudsman means the Neighbourhood Ombudsman appointed under
Part 2;
respondent—see section 10.
Part
2—Neighbourhood Ombudsman
4—Appointment of
Neighbourhood Ombudsman
(1) The Governor may appoint a suitable person to be the Neighbourhood
Ombudsman.
(2) The person appointed as the Ombudsman must not be a member of the
Public Service.
(3) The Ombudsman has the following functions:
(a) to assist neighbours to resolve disputes expeditiously;
(b) to monitor and review the effect of the law and of court practices and
procedures on the resolution of disputes between neighbours;
(c) to carry out other functions related to the objects of this Act
assigned by the Attorney-General;
(d) to carry out any other functions assigned under other Acts.
(4) The Ombudsman is to be appointed on conditions determined by the
Governor and for a term, not exceeding 5 years, specified in the instrument
of appointment.
(5) At the expiration of a term of office, the Ombudsman will be eligible
for re-appointment.
(6) The Governor may terminate the Ombudsman's appointment if the
Ombudsman—
(a) is guilty of misbehaviour; or
(b) becomes physically or mentally incapable of carrying out official
duties satisfactorily; or
(c) becomes bankrupt or applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors; or
(d) is absent, without leave of the Attorney-General, for
14 consecutive days, or for 28 days in any period of
12 months.
(7) Except as provided in subsection (6), the Ombudsman's appointment
cannot be terminated.
5—Appointment of
acting Ombudsman
(1) If the Ombudsman is temporarily absent, or the Ombudsman's position is
temporarily vacant, the Attorney-General may assign a suitable person to act in
the Ombudsman's position during the temporary absence or vacancy.
(2) A person who is a member of the Public Service is eligible to act in
the Ombudsman's position.
(3) The terms on which a person is assigned to act in the Ombudsman's
position will be as determined by the Attorney-General.
(4) A person appointed to act in the Ombudsman's position has, while so
acting, all the functions and powers of the Ombudsman.
(1) The Ombudsman will have such staff as is necessary for the effective
performance of his or her functions.
(2) The Ombudsman's staff will consist of Public Service
employees.
(1) The Ombudsman may delegate to a body or person (including a person for
the time being holding or acting in a specified office or position) a function
or power of the Ombudsman under this or any other Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Ombudsman to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(1) Subject to this section, the Ombudsman is entirely independent of
direction or control by the Crown or any Minister or officer of the
Crown.
(2) The Attorney-General may, after consultation with the Ombudsman, give
directions and furnish guidelines to the Ombudsman in relation to the carrying
out of his or her functions.
(3) Directions or guidelines under this section—
(a) must, as soon as practicable after they have been given, be published
in the Gazette; and
(b) must, within 6 sitting days after they have been given, be laid
before each House of Parliament.
(1) The Ombudsman must, on or before 30 September in each year,
present a report to the Attorney-General on the operations of the Ombudsman
during the previous financial year.
(2) The Attorney-General must, within 12 sitting days after receipt
of a report under this section, cause copies of the report to be laid before
each House of Parliament.
Part
3—Applications to Ombudsman
(1) A complaint may be made to the Ombudsman by a person (the
complainant) who is involved in a dispute with a neighbour (the
respondent).
(2) A complaint—
(a) must be in writing and set out the details of the acts or omissions
the subject of the dispute; and
(b) must be lodged with the Ombudsman.
(3) A complaint must be lodged within 6 months of the act or omission the
subject of the dispute or, if the dispute involves a series of acts or
omissions, within 6 months of the last of those acts or omissions.
(4) On a complaint being lodged under this section, the Ombudsman must
cause a written summary of the particulars of the complaint to be served,
personally or by post, on the respondent named in the complaint.
(1) On a complaint being lodged, the Ombudsman may conduct an
investigation into the subject matter of the complaint.
(2) For the purposes of an investigation, the Ombudsman may, by notice in
writing given personally or by post to the respondent, require that person to
produce to the Ombudsman such books, papers or other documents as may be
specified in the notice.
(3) Subject to subsection (4), a person to whom a notice is given
pursuant to subsection (2) must not refuse or fail to comply with the
notice.
Maximum penalty: $1 250.
(4) A person is not obliged to produce any books, papers or documents
pursuant to this section if their contents would tend to incriminate the person
of an offence.
(5) The Ombudsman may retain any books, papers or documents produced
pursuant to this section only for so long as is reasonably necessary to peruse
their contents and take copies of them.
12—Ombudsman
may refuse to deal with certain complaints
(1) Where, in the opinion of the Ombudsman, a complaint that has been
lodged—
(a) is frivolous, vexatious, misconceived or lacking in substance;
or
(b) does not relate to acts or omissions of a person who is a neighbour of
the complainant,
the Ombudsman may, by notice in writing addressed to the complainant,
decline to recognise the complaint as one in relation to which action should be
taken by the Ombudsman.
(2) A decision by the Ombudsman not to recognise a complaint as one in
relation to which action should be taken under this section may be made at any
time, notwithstanding that to some extent action under this Part has already
been taken on the complaint.
(1) Where the Ombudsman is of the opinion that a matter (not being the
subject of a complaint to which section 12 applies) may be appropriately
resolved by conciliation, the Ombudsman must make all reasonable endeavours to
resolve the matter by conciliation.
(2) The Ombudsman may, by notice in writing given personally or by post to
the respondent, require that person to attend at a time and place specified in
the notice for the purpose of conciliation.
(3) A person who refuses or fails to comply with a requirement of the
Ombudsman under this section is guilty of an offence.
Penalty: $1 250.
(4) A party to proceedings is not entitled to be represented, or assisted,
by a legal practitioner in conciliation proceedings under this section except
with the authority of the Ombudsman.
(5) Evidence of anything said or done in the course of conciliation
proceedings under this section is not admissible in any proceedings under this
Act or any other Act or law.
14—Advice to be
provided to claimant
Where—
(a) conciliation under section 13 has failed to resolve a matter;
or
(b) the Ombudsman is of the opinion that a matter (not being the subject
of a complaint to which section 12 applies) cannot be resolved by such
conciliation or that it would be appropriate to resolve the matter in some other
way,
the Ombudsman must advise the complainant of that fact and make
recommendations to the claimant in relation to the resolution of the
matter.
15—Referrals to
police or other agencies
The Ombudsman may, if the Ombudsman thinks fit, refer any complaint for
investigation by police or any other agency.
(1) A person engaged or formerly engaged in the administration of this Act
must not divulge or communicate personal information obtained (whether by that
person or otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act.
Maximum penalty: $5 000.
(2) Subsection (1) does not prevent disclosure of statistical or
other data that could not reasonably be expected to lead to the identification
of any person to whom it relates.
(3) Information that has been disclosed under subsection (1) for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $5 000.
The Governor may make such regulations as are contemplated by, or necessary
or expedient for the purposes of, this Act.