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OMBUDSMAN ACT 1973
TABLE OF PROVISIONS
1. Short title and commencement
2. Definitions
2A. Objectives
PART II--THE OMBUDSMAN
3. Appointment of Ombudsman
4. Suspension of Ombudsman
5. Salary, allowances and leave of absence
6. Acting Ombudsman
7. Staff
8. Application of Public Administration Act 2004
9. Superannuation
10. Oath or affirmation
11. Delegation
12. Restriction on other employment
PART III--FUNCTIONS AND JURISDICTION OF THE OMBUDSMAN
13. Principal functions of the Ombudsman
13AA. Other functions of the Ombudsman
13AB. Ombudsman not to prejudice legal proceedings or investigations
13AC. Court Services Victoria
PART IIIA--ENQUIRIES
13A. Conducting of enquiries
13B. Communication of information to complainant
PART IIIAB--REVIEW OF COMPLAINT PRACTICES AND PROCEDURES
13C. Application of Part
13D. Review of complaint practices and procedures of an authority
PART IIIAC--ALTERNATIVE DISPUTE RESOLUTION OF COMPLAINTS
13E. Definition
13F. Application of Part
13G. Alternative dispute resolution of complaints
13H. Outcome of alternative dispute resolution
PART IV--INVESTIGATIONS
Division 1--Complaints generally
14. Making a complaint
15. How the Ombudsman is to deal with certain complaints
15A. Ombudsman may refuse to deal with certain complaints
15B. Investigation of complaints
Division 1A--Public interest complaints
15C. Ombudsman must investigate public interest complaints
15D. Ombudsman must refuse to investigate certain public interest complaints
15E. Ombudsman may refuse to investigate certain public interest complaints
15F. Person who made public interest complaint to be informed of refusal to investigate
Division 2--Parliamentary complaints
16. Investigations referred by Parliament
Division 2A--Own motion investigations
16A. Ombudsman may conduct own motion investigation
Division 2B--Referred complaints and matters
16B. What are referred complaints and referred matters?
16C. Dealing with referred complaints
16D. Dealing with referred matters
Division 2C--Mandatory notifications by the Ombudsman
16E. Notification to IBAC
16F. Notification to Victorian Inspectorate
16G. Notification to Information Commissioner
Division 2D--Referrals by the Ombudsman
16H. Application of Division
16I. Ombudsman may refer complaints
16IA. Ombudsman may refer a complaint to an authority
16J. Notice of referral
16K. Consultation prior to referral
Division 3--Conduct of investigations
17. Procedure relating to investigations
18. Witness summons
18A. Service of witness summons
18B. Variation or revocation of witness summons
18C. Supreme Court may order service by other means
18D. Ombudsman to report to Victorian Inspectorate on issue of witness summons
18E. Witness summons directed to person under 16 years
18F. Power to take evidence on oath or affirmation
18G. Offence to fail to comply with a witness summons
18H. Offence to fail to take oath, make affirmation or answer question
18I. Failure to comply with witness summons
18J. Ombudsman may take statutory declaration
18K. Privileges in relation to witness summons and investigations
18L. Offence for employers to take detrimental action against employees
18M. Legal advice and representation
18N. Advance notice for voluntary appearances
18O. Voluntary appearance of person under age of 16 years but of or over 10 years
18P. Further provisions relating to appearances
18Q. Audio or video recording of compulsory appearances
18R. Protection of legal practitioners and witnesses at compulsory appearances
18S. Service of documents
19. Deliberations of Ministers and Parliamentary committees not to be disclosed
19A. Cabinet information not to be disclosed—relevant public interest complaints
19B. Deliberations of Parliamentary Committees not to be disclosed—relevant public interest complaints
19C. Conclusive certificates
19D. Disclosure of information subject to legal professional privilege or client legal privilege—relevant public interest complaints
20. Disclosing or taking advantage of information—transitional provision
20A. Communication of information to Commonwealth and State Ombudsmen
21. Entry of premises
22. Obstruction
22A. Act applies equally to attendance in person or by audio or audio visual link
Division 4--Action on completion of investigations
23. Procedure on completion of investigation
23A. Report on investigation—relevant public interest complaints about members of Parliament
24. Complainant or person who made relevant public interest complaint to be informed of result of investigation
PART IVA--BUDGET, ANNUAL PLAN AND PERFORMANCE AUDIT
24A. Budget
24B. Annual plan
24C. Transmission of annual plan to Parliament
24D. Independent performance audit
24E. Report of independent performance auditor
PART V--ANNUAL AND OTHER REPORTS
25. Annual and other reports to Parliament
25AA. Transmission of sections 23(6) and 25 reports to Parliament
25AAB. Advance copy of report to Minister and Secretary to the Department of Premier and Cabinet
25AB. Transmission of section 16 reports
25A. Content of reports
25B. Persons who receive proposed or draft reports or information in them
PART VA--CONFIDENTIALITY
Division 1--Confidentiality requirements for Ombudsman officers
26A. Unauthorised disclosure
26B. Taking advantage of information
Division 2--Confidentiality notices
26C. Confidentiality notice
26D. Extension of confidentiality notice
26E. Ombudsman to provide Victorian Inspectorate with copies
26F. Disclosure subject to confidentiality notice
PART VAB--INFORMATION SHARING
26FB. Disclosure of information by the Ombudsman
26FC. Disclosure of information for specified purposes
PART VB--OVERSIGHT OF THE OMBUDSMAN
26G. Oversight by Victorian Inspectorate
26H. Oversight by Integrity and Oversight Committee
26I. Powers and procedures of Integrity and Oversight Committee
PART VI--MISCELLANEOUS
27. Application to Supreme Court
28. Letters by persons in custody etc. to be forwarded immediately to the Ombudsman
29. Protection of the Ombudsman and officers of the Ombudsman
29A. Exemption from Freedom of Information Act 1982
29B. Evidence
30. Penalties
30A. Supreme Court—limitation of jurisdiction
31. Regulations
32. Administration of Act
PART VII--SAVING AND TRANSITIONAL PROVISIONS
33. Validity of certain actions taken by Ombudsman
34. Transitional provision—complaints under the Freedom of Information Act 1982
35. Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012
36. Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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