Commonwealth Consolidated Acts

OMBUDSMAN ACT 1976

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  
   3A.     Prescribed authorities: Commonwealth-controlled companies  
   3B.     Certain legislation relating to Australian Capital Territory not to be enactment  
   3BA.    Commonwealth service providers  
   3C.     Application of Act  
   3D.     Application of the Criminal Code  

   PART II--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF THE OMBUDSMAN

           Division 1--Establishment and functions

   4.      Establishment of offices of Ombudsman and Deputy Ombudsman  
   5.      Functions of Ombudsman  
   6.      Discretion not to investigate certain complaints  
   6A.     Transfer of complaints about ACC  
   6B.     Transfer of complaints about Integrity Commissioner  
   6C.     Transfer of complaints to Information Commissioner  
   7.      Complaints  
   7A.     Preliminary inquiries  
   8.      Investigations  
   8A.     Investigations by Commonwealth and State Ombudsmen  
   8B.     Investigations by other authorities of ACC actions  
   8C.     Investigations by other authorities of ACLEI actions  
   8D.     Investigations by Ombudsman and Australian Federal Police  
   9.      Power to obtain information and documents  
   10.     Unreasonable delay in exercising power  
   10A.    Ombudsman may refer questions to the AAT  
   11.     Ombudsman may recommend that the principal officer refer questions to the AAT  
   11A.    Powers of Federal Court of Australia  
   12.     Complainant and Department etc. to be informed  
   13.     Power to examine witnesses  
   14.     Power to enter premises  

           Division 2--Reports

   15.     Reports by Ombudsman  
   16.     Reports where appropriate action not taken on Ombudsman's report  
   17.     Special reports to Parliament  
   18.     Ombudsman may have further discussion with principal officer  
   19.     Annual report and additional reports to Parliament  

   PART IIA--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF THE DEFENCE FORCE OMBUDSMAN

   19B.    Establishment of office of Defence Force Ombudsman  
   19C.    Functions of Defence Force Ombudsman  
   19D.    Discretion to investigate complaints as Commonwealth Ombudsman or as Defence Force Ombudsman  
   19E.    Discretion with respect to certain complaints  
   19F.    Application of provisions of Act to Defence Force Ombudsman  

   PART IIB--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF THE POSTAL INDUSTRY OMBUDSMAN

           Division 1--Preliminary

   19G.    Definitions  
   19H.    Action taken by contractors  
   19J.    Continued application of this Act to deregistered PPOs  
   19K.    Part IIB not to affect operation of other provisions of this Act  

           Division 2--Establishment and functions of the Postal Industry Ombudsman

   19L.    Establishment of office of Postal Industry Ombudsman  
   19M.    Functions of Postal Industry Ombudsman  
   19N.    Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman  
   19P.    Discretion to refer complaint to another statutory office-holder  
   19Q.    Discretion not to investigate certain complaints  

           Division 3--Powers and duties of the Postal Industry Ombudsman

   19R.    Application of other provisions of this Act to the Postal Industry Ombudsman  
   19S.    Powers of the Postal Industry Ombudsman under section 9  
   19T.    Duty to accord procedural fairness  
   19U.    Disclosure of identifying information  
   19V.    Postal Industry Ombudsman may report to Australia Post or registered PPO  
   19W.    Minister to table certain reports in Parliament  
   19X.    Annual reports  
   19Y.    Postal Industry Ombudsman may notify employer of misconduct  
   19Z.    Limitation on liability where information or documents provided in good faith or when required to do so  

           Division 4--Register of PPOs

   19ZA.   Registration of PPOs  
   19ZB.   Information to be included in Register  
   19ZC.   Deregistration of PPOs  
   19ZD.   Register may be maintained by electronic means  

           Division 5--Fees for investigations

   19ZE.   Fees for investigations  

   PART IIC--ESTABLISHMENT, FUNCTIONS, POWERS AND DUTIES OF THE OVERSEAS STUDENTS OMBUDSMAN

           Division 1--Preliminary

   19ZF.   Definitions  
   19ZG.   Continued application of Part to former registered providers  
   19ZH.   Part not to affect operation of other provisions of this Act  

           Division 2--Establishment and functions of the Overseas Students Ombudsman

   19ZI.   Establishment of office of Overseas Students Ombudsman  
   19ZJ.   Functions of Overseas Students Ombudsman  
   19ZK.   Transfer of complaints  
   19ZL.   Discretion not to investigate certain complaints  

           Division 3--Powers and duties of the Overseas Students Ombudsman

   19ZM.   Application of other provisions of this Act to the Overseas Students Ombudsman  
   19ZN.   Powers of the Overseas Students Ombudsman under section 9  
   19ZO.   Duty to accord procedural fairness  
   19ZP.   Disclosure of identifying information  
   19ZQ.   Overseas Students Ombudsman may report to private registered provider  
   19ZR.   Minister to table certain reports in Parliament  
   19ZS.   Annual reports  
   19ZT.   Overseas Students Ombudsman may notify of misconduct  
   19ZU.   Limitation on liability where information or documents provided in good faith or when required to do so  

   PART III--CONDITIONS OF SERVICE, AND STAFF, OF THE OMBUDSMAN

           Division 1--Ombudsman

   20.     Interpretation  
   21.     Appointment of Ombudsman  
   22.     Tenure of office  
   23.     Deputy Ombudsman  
   24.     Salary and allowances  
   25.     Leave of absence  
   26.     Resignation  
   27.     Retirement  
   28.     Suspension and removal of Ombudsman  
   28A.    Removal taken to be retirement on ground of invalidity  
   28B.    Retirement on ground of invalidity under the Superannuation Acts  
   29.     Acting appointments  

           Division 2--Staff

   31.     Staff  

   PART IV--MISCELLANEOUS

   33.     Ombudsman not to be sued  
   34.     Delegation  
   35.     Officers to observe confidentiality  
   35AA.   Disclosure of information and documents to Integrity Commissioner  
   35A.    Disclosure of information by Ombudsman  
   35B.    Disclosure of ACC information  
   35C.    Disclosure of ACLEI information  
   36.     Offences  
   37.     Protection from civil actions  
   38.     Regulations