Victorian Numbered Acts Victorian Numbered ActsAfter section 24 of the Ombudsman Act 1973 insert —
The Ombudsman's budget for each financial year is to be determined in consultation with the Parliamentary Committee concurrently with the annual plan under section 24B.
(1) Before the beginning of each financial year, the Ombudsman must—
(a) prepare a draft annual plan describing the Ombudsman's proposed work program for that financial year; and
(b) submit the plan to the Parliamentary Committee for its consideration.
(2) After considering the draft annual plan, the Parliamentary Committee—
(a) must return the plan to the Ombudsman; and
(b) may provide to the Ombudsman any comments regarding the plan, including suggestions of changes to be made to the plan.
(3) As soon as practicable after the passage of the annual appropriation Acts for a financial year and after considering any comments received from the Parliamentary Committee, the Ombudsman must finalise the annual plan for that financial year.
(4) The Ombudsman must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee under subsection (2)(b) that the Ombudsman has not adopted.
(5) Before the beginning of the financial year to which the annual plan relates, the Ombudsman must—
(a) present the annual plan to the Parliamentary Committee; and
(b) cause the plan to be transmitted to the Parliament in accordance with section 24C.
(1) The Ombudsman must cause the annual plan for a financial year to be transmitted to each House of Parliament as soon as practicable after it has been prepared.
(2) The clerk of each House of Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House.
(3) If the Ombudsman proposes to transmit the annual plan to the Parliament at a time when a House of the Parliament is not likely to next sit until after the beginning of the financial year to which the annual plan relates, the Ombudsman must—
(a) give one business day's notice of the Ombudsman's intention to do so to the clerk of that House of Parliament; and
(b) give the annual plan to the clerk of that House of Parliament on the day indicated in the notice; and
(c) publish the annual plan on an Internet website maintained by the Ombudsman on the day after giving it to the clerk.
(4) If a clerk of a House of the Parliament is given notice under subsection (3)(a), the clerk must—
(a) notify each member of the House of the receipt of the notice on the same day that the clerk receives the notice; and
(b) give a copy of the annual plan to each member of the House as soon as practicable after the clerk receives the annual plan; and
(c) cause the annual plan to be laid before the House on the next sitting day of the House.
(5) An annual plan given to the clerk of a House of the Parliament in accordance with subsection (3) is taken to have been published by order, or under authority, of the House.
(1) A suitably qualified person may be appointed by resolution of the Legislative Council and Legislative Assembly, on the recommendation of the Parliamentary Committee, as an independent performance auditor of the Ombudsman and the office of the Ombudsman other than the following—
(a) the Auditor-General;
(b) any other VAGO officer, within the meaning of section 3(1) of the Audit Act 1994 ;
(c) a person engaged by the Auditor-General under section 7 of the Audit Act 1994 to assist in the performance of a function under that Act;
(d) a person to whom the Auditor-General has delegated a power or function under section 8 of the Audit Act 1994 .
(2) The independent performance auditor—
(a) is appointed on such terms and conditions and is entitled to such remuneration as are determined by the Parliamentary Committee; and
(b) in conducting the audit, must comply with directions as to the audit given by the Parliamentary Committee.
(3) Remuneration payable under the appointment is paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly.
(4) The independent performance auditor must conduct a performance audit at least once every 4 years to determine whether the Ombudsman and the office of the Ombudsman are achieving their objectives effectively, economically and efficiently and in compliance with this Act.
(5) Subject to any directions given by the Parliamentary Committee, the independent performance auditor may exercise any powers of the Auditor-General under Part 7 of the Audit Act 1994 to the extent necessary to conduct the audit as if a reference in that Part to the Auditor-General includes a reference to the independent performance auditor.
(6) The Parliamentary Committee must prepare and finalise a specification for a performance audit before the independent performance auditor may call for any information or rely on any power under Part 7 of the Audit Act 1994 in relation to the audit.
(7) Before finalising a specification for a performance audit the Parliamentary Committee must—
(a) prepare a draft specification for the performance audit that sets out the objectives of the audit and the particular issues (if any) to be addressed; and
(b) consult with the Ombudsman on the draft specification.
(8) If the Ombudsman does not respond to a request for comment on a draft specification for a performance audit within 15 business days of receiving the request—
(a) the Ombudsman is taken to have no comment on the draft specification; and
(b) the independent performance auditor may finalise the specification.
(9) The Parliamentary Committee must provide the final specification for a performance audit to the Ombudsman.
(10) The independent performance auditor may apply additional auditing and assurance standards applied by the Auditor-General under section 78(2) of the Audit Act 1994 , to the conduct of performance audits of the Ombudsman and the office of the Ombudsman.
(1) The independent performance auditor may make a report of a performance audit conducted under section 24D.
(2) A report under subsection (1)—
(a) may include any information and recommendations the independent performance auditor considers relevant; and
(b) must set out the reasons for opinions expressed in the report.
(3) The independent performance auditor must not make a report under subsection (1) unless—
(a) at least 20 business days before making the report, the independent performance auditor gives the Ombudsman a copy of the proposed report or a summary of findings and proposed recommendations; and
(b) the independent performance auditor asks the Ombudsman in writing for comment before a specified date, being at least 10 business days after the material referred to in paragraph (a) is given to the Ombudsman; and
(c) the independent performance auditor includes in the report any comments made before the specified date, or a summary of those comments, in a form agreed between the independent performance auditor and the Ombudsman.
(4) The independent performance auditor must, within 7 sitting days of making the report, transmit the report to each House of the Parliament.
(5) The independent performance auditor must not include in a report under subsection (1)—
(a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or
(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.
(6) The independent performance auditor must not include in a report under subsection (1)—
(a) any information that the independent performance auditor considers would prejudice any criminal proceedings or criminal investigation, or any investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or
(b) any information, or information in any document, referred to in section 19, 19A or 19B; or
(c) any information that—
(i) is likely to lead to the identification of a person who has made an assessable disclosure; and
(ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.
(7) If the independent performance auditor intends to include in a report under subsection (1) a comment or an opinion that is adverse to any person who is to be named in the report and who is an officer or employee of the office of the Ombudsman, the Ombudsman must, after receiving a copy of the proposed report or the relevant part of the proposed report, give the person a reasonable opportunity to respond to the Ombudsman in relation to the adverse material.".