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OMBUDSMAN ACT 2009 (NO 5 OF 2009)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Objects
PART 2--INTERPRETATION
Division 1--Defined terms
4. Definitions
Division 2--Basic concepts about public authorities and administrative actions
5. Public authority
6. Administrative action
Division 3--Basic concepts about conduct of police officers
7. Conduct of police officer
Division 4--Criminal responsibility
8. Application of Criminal Code
PART 3--OFFICE OF OMBUDSMAN, FUNCTIONS AND POWERS
Division 1--Office of Ombudsman
9. Ombudsman
Division 2--Functions and powers
10. Functions
11. Powers
12. Independence in relation to complaints and investigations
PART 4--OMBUDSMAN'S JURISDICTION FOR ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES AND POLICE CONDUCT
13. Interpretation
14. Matters for investigation
15. Executive and ministerial matters must not be investigated
16. What administrative actions may not be investigated
17. Parliamentary reference of matter for investigation
18. Ombudsman to deal with complaint referred by complaints entity
19. Liaison with complaints entity
20. Application to Supreme Court
PART 5--COMPLAINTS ABOUT ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES AND POLICE CONDUCT
21. Who may make complaint
22. Complaint for deceased person
23. Making complaint about administrative action
24. Making police complaint
25. When complaint to be made
26. Prisoner complaints
27. Effect of restrictive provisions on complaint
PART 6--ADMINISTRATIVE ACTIONS OF PUBLIC AUTHORITIES
Division 1--Preliminary inquiries
28. Preliminary inquiries about administrative action
29. Principal officer to give help
30. Request for non-disclosure of information and other things
Division 2--Decisions about referring and investigating complaints
31. Decision on complaint without investigation
32. Referral of complaint to complaints entity
33. When Ombudsman may decline to deal with complaint
34. Ombudsman need not investigate if investigation by complaints entity
35. Decisions about investigating if complaint made to public authority
36. Notice of decision not to investigate
Division 3--Conciliation and mediation
37. Dealing with complaint by conciliation or mediation
38. Who can be conciliator or mediator
39. Objection to conciliator or mediator
40. Suspending investigation
41. Participation voluntary
42. Progress report
43. Termination
44. Resolution of complaint
45. Restricted use of information
46. Effect of unsuccessful conciliation or mediation
Division 4--Investigations
Subdivision 1--Procedures
47. Notice of investigation
48. Conduct of investigation
49. Procedure generally
50. Consultation
51. Hearing for investigation
Subdivision 2--Ombudsman's powers for investigation
52. Requirement to give information, document or thing
53. Requirement to attend hearing
54. Investigation at public authority's premises
55. Ombudsman may issue direction in relation to administrative action
56. Custody of thing given to Ombudsman
Division 5--Reports and recommendations on investigations
57. Report to complainant
58. Report to public authority
59. Adverse reports
60. Report of breach of duty or misconduct
61. Report containing adverse comment
62. Report may include recommendations
63. Action after report and recommendations
64. Ombudsman to inform complainant of action taken
PART 7--POLICE CONDUCT
Division 1--Preliminary procedures for police complaints
65. Notice of complaint to Ombudsman
66. Ombudsman to assess and decide how to deal with complaint
Division 2--Declining to deal with police complaints
67. When Ombudsman may decline to deal with complaint
Division 3--Conciliation
68. Definition
69. When police complaint may be dealt with by conciliation
70. Who can be conciliator
71. Objection to conciliator
72. Suspending other police complaint process
73. Participation voluntary
74. Progress report
75. Termination
76. Report of results of conciliation
77. Effect of unsuccessful conciliation
Division 4--Police complaints resolution process and Police Standards Command investigations
Subdivision 1--Police complaints resolution process
78. When police complaint may be dealt with by resolution process
79. Conduct and report of resolution process
Subdivision 2--Police Standards Command investigations
80. When complaint to be investigated by Police Standards Command
81. Conduct of investigation
82. General powers of Police Standards Command
83. Police Standards Command member's power to give direction to police officer
84. Request by Ombudsman on how to conduct investigation
Subdivision 3--General matters
85. Ombudsman to oversee police complaints resolution process and investigation
Division 5--Ombudsman's investigation of police conduct
Subdivision 1--Police complaints
86. When complaint may be investigated by Ombudsman
Subdivision 2--Conduct of investigations
87. Application of Subdivision
88. Conduct of investigation
89. Procedures and powers
90. Ombudsman may investigate consequential action
Division 6--Reporting requirements and related provisions
Subdivision 1--Investigations if Commissioner reports to parties
91. Application of Subdivision
92. Report of investigation by Police Standards Command member
93. Commissioner to release report and comments
Subdivision 2--Investigations if Commissioner reports to Ombudsman
94. Application of Subdivision
95. Report of investigation by Police Standards Command member
96. Commissioner to give report and comments to Ombudsman
97. Ombudsman's assessment and recommendations on investigation
Subdivision 3--Investigations by Ombudsman
98. Application of Subdivision
99. Ombudsman to report on investigation
100. Report containing adverse comment
Subdivision 4--Content of reports
101. Assessments and recommendations
Subdivision 5--Other provisions relating to reports, assessments and recommendations
102. Application of Subdivision
103. Consideration of Ombudsman's report
104. Action on Ombudsman's report
105. Ombudsman to inform complainant and police officer of action taken
106. Commissioner to notify Ombudsman of proceedings taken
Division 7--Other decision-making provisions
107. Deferral and discontinuing of dealing with complaint
108. Ombudsman may require further action
109. Complainant may ask for investigation to be conducted
110. Revocation or variation of decision, assessment or recommendation
111. Parties to complaint to be informed of decision
Division 8--Miscellaneous provisions
112. Commissioner may refer police conduct to Ombudsman
113. Commissioner may request non-disclosure of information
114. Restricted use of certain information
115. Consultation
116. Register of police complaints
PART 8--CONFIDENTIALITY, OFFENCES AND RELATED PROVISIONS
Division 1--Confidentiality and related provisions
117. Information disclosure and privilege
118. Disclosure of particular matters not required
119. Non-compellable witnesses
120. Confidentiality of information
121. Direction not to disclose information
122. Person consulted not to disclose information
Division 2--Other offences, disciplinary provisions and related matters
123. Misleading information or document
124. Preventing or obstructing making of complaint
125. Offence to commit act of reprisal
126. Failure to comply with particular notices
127. Refusal to be sworn or make affirmation
128. Failure to comply with requirement to help Ombudsman
129. Obstruction of persons acting in official capacity
Division 3--Legal proceedings for offences
130. Evidentiary certificates
131. Liability of executive officers of body corporate
PART 9--ADMINISTRATION
Division 1--Matters relating to Ombudsman and Ombudsman's Office
Subdivision 1--Appointment of Ombudsman and related matters
132. Ombudsman
133. Ineligibility for appointment
134. Term of appointment
135. Conditions of appointment
136. Restriction on outside employment
137. Leave of absence
138. Resignation
139. Retirement
140. Termination of appointment by Administrator
141. Termination of appointment by Legislative Assembly after suspension
142. Appointment ceases on becoming candidate for election
143. Acting Ombudsman
144. Oath before taking office
Subdivision 2--Officers of Ombudsman's Office
145. Status
146. Officers not subject to outside direction
Subdivision 3--Miscellaneous matters
147. Delegation
148. Arrangements with other jurisdictions
149. Validity of acts and decisions
Division 2--Agreements for dealing with police complaints
150. Ombudsman and Commissioner may make agreement
151. Tabling, publication and availability of agreement
Division 3--Annual and other public reports
152. Annual report
153. Report on Ombudsman's initiative to Minister
154. Tabling of reports
155. Report on parliamentary reference
PART 10--MISCELLANEOUS MATTERS
156. Compliance with requirement as soon as practicable
157. Compliance with requirement for informing complainant
158. Extension of period for compliance with notices
159. Protection from liability – complainants and informants
160. Protection from liability – persons administering Act
161. Regulations
PART 11--REPEALS AND TRANSITIONAL MATTERS FOR OMBUDSMAN ACT 2009
Division 1--Preliminary matters
162. Definitions
Division 2--Repeals
163. Repeal of Ombudsman legislation
Division 3--Transitional matters
164. Ombudsman continues in office
165. Actions before commencement date
PART 12--CONSEQUENTIAL AMENDMENTS OF LEGISLATION
Division 1--Health and Community Services Complaints Act
166. Act amended
167. Amendment of section 4 (Interpretation)
168. Repeal and substitution of section 25A
Division 2--Information Act
169. Act amended
170. Amendment of section 4 (Definitions)
171. Amendment of section 49A (Information obtained or created because of investigation)
172. New section 49C
173. Amendment of section 104 (Complaint about interference with privacy)
174. Amendment of section 108 (Referral of complaints to Ombudsman, Health Complaints Commissioner or interstate Privacy Commissioner)
Division 3--Police Administration Act
175. Act amended
176. Amendment of section 4 (Interpretation)
177. New Part II, Division 6
178. Amendment of section 162 (Actions and prosecutions to be commenced within 2 months)
Division 4--Amendment of other legislation
179. Legislation amended
Division 5--Expiry of Part
180. Expiry
SCHEDULE 1
SCHEDULE 2
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