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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 20

Role of Ombudsman in relation to certain administrative actions

    (1)     The Ombudsman may enquire into or investigate—

        (a)     any administrative action of a registered community service in carrying out any duty or function or exercising any power under this Act; and

        (b)     any administrative action of a person authorised under section 18 or 19 in carrying out any duty or function or exercising any power under this Act; and

        (c)     any administrative action by an authorised assessor under Division 5 of Part 3.3; and

        (d)     any administrative action of an authorised investigator under Division 4 of Part 3.4.

    Note:     Under the Ombudsman Act 1973 , an "administrative action" is defined as including, among other things, a refusal or failure to take a decision, or to perform an act. As a result of sub-section (2), this definition applies to references to administrative actions in this sub-section.

    (2)     For the purposes of sub-section (1), the Ombudsman Act 1973 applies as if—

        (a)     the registered community service, authorised person, authorised assessor or authorised investigator were a public statutory body within the meaning of that Act; and

        (b)     the senior executive officer of the registered community service (by whatever title he or she is known) were the principal officer of that public statutory body; and

        (c)     a reference to the responsible Minister in sections 17 and 23(3) of that Act were a reference to the Minister responsible for administering this section.

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CHAPTER 3—CHILD AND FAMILY SERVICES



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