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ACCIDENT COMPENSATION AND TRANSPORT ACCIDENT ACTS (OMBUDSMAN) ACT 2005 (NO 46 OF 2005) - SECT 6

Insertion of section 153

After section 152 of the Accident Compensation Act 1985 insert

        '153.     Investigation of self-insurer by Ombudsman    

    (1)     The Ombudsman may enquire into or investigate—

        (a)     any administrative action of a self-insurer in its capacity as a self-insurer under this Act; and

        (b)     any matter relating to an administrative action.

    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 self-insurer was a public statutory body within the meaning of that Act; and

        (b)     the senior executive officer of the self-insurer (by whatever title he or she is known) was 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 was a reference to the Minister responsible for administering this section.'.



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