For section 25 of the Ombudsman Act 1973 substitute —
(1) The Ombudsman must make a report to Parliament on the performance of his or her functions during each financial year.
(2) The Ombudsman may at any time make a report to Parliament on any matter arising in connection with the performance of his or her functions.
(3) Nothing in this section limits the Ombudsman's right to make a report to Parliament under any other provision of this Act.
(1) The Ombudsman must cause a report under section 23(6) or 25 to be transmitted to each House of the Parliament—
(a) in the case of a report under section 25(1)—as soon as practicable after the end of the financial year to which it relates;
(b) in the case of a report under sub-section 23(6) or 25(2)—as soon as practicable after it is completed.
(2) The clerk of each House of the Parliament must cause the report 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 a report to Parliament when Parliament is in recess, the Ombudsman must—
(a) give one business day's notice of his or her intention to do so to the clerk of each House of the Parliament; and
(b) give the report to the clerk of each House on the day indicated in the notice; and
(c) publish the report on the Ombudsman's Internet website as soon as practicable after giving it to the clerks.
(4) The clerk of each House must—
(a) notify each member of the House of the receipt of a notice under sub-section (3)(a) on the same day that the clerk receives that notice; and
(b) give a copy of a report to each member of the House as soon as practicable after the report is received under sub-section (3)(b); and
(c) cause the report to be laid before the House on the next sitting day of the House.
(5) A report that is given to the clerks under sub-section (3)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.
(6) The publication of a report by the Ombudsman under sub-section (3)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.
(7) For the purposes of this section, Parliament is in recess when each House stands adjourned to a date to be fixed by the presiding officer of that House.".
__________________
See:
Act No.
6338.
Reprint No. 9
as at
1 January 2003
and amending
Act Nos
52/2003, 10/2004 and 32/2004.
LawToday:
www.dms.
dpc.vic.
gov.au