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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Resource Operations Ombudsman
Bill 2015
A BILL FOR
An Act to establish the office of the Resource Operations Ombudsman; to
provide for the making and resolution of complaints regarding issues related to
the conduct of resource operations; and for other purposes.
Contents
Part 2—Resource
Operations Ombudsman
Division 1—Appointment and conditions
of office
5Term of office and conditions of
appointment
Division 2—Functions and
powers
13Use of services or staff of other government
agencies
Part 3—Complaints, investigations
etc
18Investigation and referral of
issues
20Ombudsman to have powers of Royal
Commission
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Resource Operations Ombudsman
Act 2015.
This Act will come into operation 3 months after the date of
assent.
(1) In this Act, unless the contrary intention appears—
fracturing operations means any operations that involve the
recovery (or potential or enhanced recovery) of a form of gas by the
high-pressure injection of water (including water containing a chemical or any
other substance) or any other substance into a wellbore so as to create
fractures in rocks or rock formations, other than operations for the production
of geothermal energy;
geothermal energy has the same meaning as in the
Petroleum
and Geothermal Energy Act 2000
;
Ombudsman means the Resource Operations Ombudsman appointed
under
Part 2
(and includes a person acting in the office of the Resource Operations
Ombudsman from time to time);
resource operations means any of the following
operations:
(a) mining operations within the meaning of the
Mining
Act 1971
;
(b) operations involving a regulated activity within the meaning of the
Petroleum
and Geothermal Energy Act 2000
;
(c) fracturing operations.
(2) For the purposes of this Act, a reference to issues related to
the conduct of resource operations includes issues related
to—
(a) entry to land in connection with resource operations; and
(b) compliance with the requirements of any lease, licence or other
authority under which resource operations are conducted; and
(c) the degradation of, and other impacts on, land or waterways arising
out of resource operations; and
(d) operations for the rehabilitation of land or waterways.
Part 2—Resource
Operations Ombudsman
Division 1—Appointment
and conditions of office
(1) There is to be a Resource Operations Ombudsman.
(2) The Ombudsman is appointed by the Governor.
5—Term
of office and conditions of appointment
(1) The Ombudsman is appointed on conditions determined by the Governor
and for a term of 7 years (which may be renewed from time to
time).
(2) The office of Ombudsman becomes vacant if the
Ombudsman—
(a) dies; or
(b) resigns by written notice given to the Minister; or
(c) completes a term of office and is not reappointed; or
(d) becomes bankrupt or applies as a debtor to take the benefit of the
laws relating to bankruptcy; or
(e) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(f) becomes a member of the Parliament of this State or any other State of
the Commonwealth or of the Commonwealth or becomes a member of a Legislative
Assembly of a Territory of the Commonwealth; or
(g) becomes, in the opinion of the Governor, mentally or physically
incapable of carrying out satisfactorily the duties of office; or
(h) is removed from office by the Governor on presentation of an address
from both Houses of Parliament asking for the removal of the Ombudsman from
office
(3) Except as is provided by this section, the Ombudsman may not be
removed from office, nor will the office of the Ombudsman become
vacant.
(4) The Ombudsman is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
The Ombudsman is entitled to remuneration, allowances and expenses
determined by the Governor.
The Minister may appoint a person (who may but need not be an employee in
the Public Service) to act as the Ombudsman—
(a) during a vacancy in the office of Ombudsman; or
(b) when the Ombudsman is absent from, or unable to discharge, official
duties.
Division 2—Functions
and powers
The Ombudsman has the following functions:
(a) to assist owners and occupiers of land in negotiating with persons
involved in the conduct of resource operations on the land in relation to those
operations, including in relation to access to the land (whether under a lease,
licence or some other authority or arrangement);
(b) to provide an independent complaint handling process and investigate
and resolve complaints relating to the conduct of resource operations;
(c) to identify and review issues arising out of complaints and to make
recommendations for improving compliance with legislative, regulatory and other
requirements relating to the conduct of resource operations and preserving and
increasing the rights of persons affected by the conduct of resource
operations;
(d) to monitor compliance with orders made by the Ombudsman associated
with the provision of an independent complaint handling process;
(e) to provide information, education and advice in relation
to—
(i) the rights and responsibilities of those conducting resource
operations and persons affected by the conduct of resource operations;
and
(ii) procedures for resolving complaints; and
(iii) other matters (if any) determined to be appropriate by the
Ombudsman;
(f) to prepare and publish standards relating to the conduct of resource
operations and to promote the adoption of such standards;
(g) to perform other functions conferred on the Ombudsman by or under this
or any other Act.
Subject to this Act, the Ombudsman has the powers necessary or expedient
for, or incidental to, the performance of the Ombudsman's functions.
The Ombudsman is not subject to control or direction by the
Minister.
(1) The Ombudsman may delegate to a person (including a person for the
time being performing particular duties or holding or acting in a specified
position) a function or power conferred on the Ombudsman by this or any other
Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be conditional or unconditional; and
(c) is revocable at will; and
(d) does not derogate from the power of the Ombudsman to act in any
matter.
(1) The Ombudsman may engage employees on terms and conditions determined
by the Ombudsman.
(2) The employees are not Public Service employees but are to be taken to
be public sector employees, employed by the Ombudsman, for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
and section 74 of the
Public
Sector Act 2009
.
13—Use
of services or staff of other government agencies
The Ombudsman may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
The Ombudsman's proposed budget for a particular financial year is to be
submitted for examination by the Economic and Finance Committee of the
Parliament by the end of the preceding calendar year.
The Ombudsman must, before 30 September in each year, prepare a report on
the Ombudsman's activities during the financial year that ended on the
preceding 30 June and forward copies of the report to the Presiding
Members of both Houses of Parliament to be laid before their respective Houses
at the earliest opportunity.
No liability attaches to the Ombudsman or any member of the Ombudsman's
staff for any act or omission in good faith in the exercise or purported
exercise of powers or functions under this or any other Act.
Part 3—Complaints,
investigations etc
A person affected by the conduct of resource operations may make a
complaint, in a manner determined by the Ombudsman, in respect of any issue
related to the conduct of the resource operations.
18—Investigation
and referral of issues
(1) Subject to this
Part, the Ombudsman may investigate an issue related to the conduct of resource
operations if satisfied that the issue should be investigated (whether as a
result of a complaint under this Part or otherwise).
(2) Subject to this Part, the procedure to be adopted in relation to an
investigation will be as determined by the Ombudsman.
(3) If an issue referred to in
subsection (1)
is assessed as raising an issue that should be dealt with by another
person or body, the Ombudsman may refer the issue to that person or
body.
(4) If a complaint is assessed as trivial, vexatious or frivolous, the
complaint has previously been dealt with by an appropriate person or body and
there is no reason to reexamine the matter or there is other good reason why no
action should be taken in respect of the complaint, no action need be taken in
respect of the complaint.
(1) The Ombudsman may, at any time, decide to attempt to deal with a
complaint by conciliation.
(2) The Ombudsman may, in attempting conciliation under this section, act
personally or through some other person.
(3) The Ombudsman may, if satisfied that the subject of a complaint has
been properly resolved by conciliation under this section, determine that the
complaint should not be investigated or further investigated under this
Act.
20—Ombudsman
to have powers of Royal Commission
For the purposes of an investigation the Ombudsman has the powers of a
commission as defined in the
Royal
Commissions Act 1917
and that Act applies as if—
(a) the Ombudsman were a commission as so defined; and
(b) the subject matter of the investigation were set out in a commission
of inquiry issued by the Governor under that Act.
(1) The Ombudsman may act under this section in relation to a person
engaged in the conduct of the resource operations if—
(a) an investigation has been carried out under this Part in respect of an
issue related to the conduct of the resource operations; and
(b) the Ombudsman is satisfied that the conduct of the resource
operations—
(i) has been carried out in contravention of—
(A) an Act or law; or
(B) a condition of a lease, licence or other authority under which the
operations are conducted; or
(C) any other requirements applying to the conduct of the operations;
or
(ii) has failed to comply with standards published by the Ombudsman
relating to the conduct of resource operations.
(2) The Ombudsman may, in acting under this section, do any 1 more of the
following:
(a) the Ombudsman may make an order imposing such conditions or
restrictions as the Ombudsman considers appropriate on the carrying out of
resource operations, or specified resource operations, by the person for a
specified period, or indefinitely;
(b) the Ombudsman may publish a report of the Ombudsman's findings
relating to the conduct of the resource operations;
(c) the Ombudsman may make such recommendations as the Ombudsman thinks
fit, in a manner determined by the Ombudsman, relating to the conduct of the
resource operations by the person.
(3) The Ombudsman must send a copy of any report or recommendation made
under this section to the Minister responsible for the administration of the
Mining
Act 1971
and to any other person or body the Ombudsman considers
appropriate.
(4) If it appears to the Ombudsman that appropriate steps have not been
taken to give effect to a recommendation made under this section, the Ombudsman
may make a report on the matter (containing a copy of the earlier report and the
recommendation) to the Premier.
(5) A person who contravenes an order made under this section is guilty of
an offence.
Maximum penalty: $10 000 or imprisonment for 2 years or
both.
A person must not record, disclose or use information gained by the person
in connection with the administration of this Act, except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) for the purposes of, or in connection with, the performance of a
function or duty or the exercise of a power under this Act; or
(c) with the consent of the person the subject of the information;
or
(d) for the purposes of legal proceedings arising out of the
administration or enforcement of this Act.
Maximum penalty: $10 000.
(1) The Governor may make regulations as contemplated by this Act, or as
necessary or expedient for the purposes of this Act.
(a) refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed body, either as in force at the time the regulations are made or as
in force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister or the
Ombudsman.