Victorian Numbered Acts Victorian Numbered ActsAfter Part IIIA of the Ombudsman Act 1973 insert —
(1) This Part does not apply to complaint practices and procedures of an authority taken under the Freedom of Information Act 1982 .
(2) This Part does not apply to the complaint practices and procedures and complaint functions of the Information Commissioner.
(1) The Ombudsman may conduct a review of the complaint practices and procedures of an authority—
(a) on the Ombudsman's own motion; or
(b) in response to a complaint.
(2) After conducting the review, the Ombudsman may, for the purpose of improving the complaint practices and procedures of the authority—
(a) make recommendations to the authority; and
(b) provide education and training or other assistance to the authority.
(3) The principal officer of the authority must assist the Ombudsman in the conduct of the review.
(4) The powers of the Ombudsman under Division 3 of Part IV do not apply to the review.
(5) A review under this section does not prevent the Ombudsman from conducting an own motion investigation in relation to the complaint practices and procedures of an authority.
In this Part, "alternative dispute resolution" includes conciliation and mediation.
This Part does not apply to—
(a) a public interest complaint; or
(b) a parliamentary complaint under section 16; or
(c) a complaint referred to the Ombudsman by IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 where the conduct that is the subject matter of the complaint appears to involve corrupt conduct.
(1) The Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may, at any time, as part of an enquiry or an investigation of a complaint under section 15B, attempt to resolve the complaint by alternative dispute resolution in accordance with this Part.
(2) The Ombudsman may authorise a conciliator or a mediator to mediate or conciliate the complaint under this Part.
(3) Alternative dispute resolution must be conducted in private and in a manner that the Ombudsman thinks fit.
(4) Participation by a party in alternative dispute resolution is voluntary and any party may withdraw from the alternative dispute resolution at any time.
(5) A person who is under the age of 16 years but of or over the age of 10 years and accompanied by a parent or guardian or independent person may voluntarily participate in alternative dispute resolution.
(6) The powers of the Ombudsman under Division 3 of Part IV do not apply to alternative dispute resolution conducted under this Part.
(7) The Ombudsman or a member of Ombudsman staff may terminate alternative dispute resolution at any time.
(8) The principal officer of an authority is not required to assist the Ombudsman or a member of Ombudsman staff during alternative dispute resolution however the principal officer may voluntarily participate in the alternative dispute resolution.
(9) Any information provided or anything done by a party during alternative dispute resolution under this Part is not admissible in evidence in any proceeding before a court or tribunal where the proceeding relates to the subject matter of the complaint.
(10) For the purposes of this section, an independent person is—
(a) a person nominated by, or who is acceptable to, the person referred to in subsection (5); or
(b) if no person has been nominated by, or is acceptable to, the person referred to in subsection (5), a person chosen by the Ombudsman who—
(i) is not involved in the subject matter of the enquiry or investigation; and
(ii) where practicable, is—
(A) involved in the care or supervision of the person referred to in subsection (5); and
(B) of the same gender as the person referred to in subsection (5) or, if the person identifies as being of a particular gender, of that gender.
(1) If the Ombudsman considers that a complaint is resolved by alternative dispute resolution under this Part, the Ombudsman may decide that the complaint is resolved informally under this Act.
(2) If the Ombudsman considers that a complaint is unable to be resolved by alternative dispute resolution under this Part—
(a) the Ombudsman may decide that the complaint is to be treated as if the alternative dispute resolution did not occur; and
(b) the Ombudsman may decide—
(i) to conduct or to continue conducting enquiries on the complaint under section 13A; or
(ii) to discontinue conducting enquiries on the complaint under section 13A; or
(iii) not to deal with the complaint in accordance with section 15 or 15A; or
(iv) to refer the complaint under section 16I or 16IA; or
(v) to conduct or to continue conducting an investigation on the complaint under section 15B; or
(vi) to discontinue conducting an investigation on the complaint under section 15B.
(3) If the Ombudsman decides to conduct or continue conducting an enquiry under section 13A or to conduct or continue conducting an investigation under section 15B, the Ombudsman must not, without the consent of the parties to the alternative dispute resolution—
(a) use in the enquiry or the investigation information obtained during the alternative dispute resolution; or
(b) involve in the conduct of the enquiry or the investigation any member of Ombudsman staff who was involved in the alternative dispute resolution.".