Commonwealth Consolidated Acts

OMBUDSMAN ACT 1976 - SECT 19

             (1)  The Ombudsman must, as soon as practicable, and in any event within 6 months, after each 30 June submit to the Minister, for presentation to the Parliament, a report of the operations of the Ombudsman during the year that ended on that 30 June.

             (2)  The Ombudsman may, from time to time, submit to the Minister for presentation to the Parliament:

                     (a)  a report of the operations of the Ombudsman during a part of a year; or

                     (b)  a report in respect of any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Ombudsman;

but nothing in this section affects the powers and duties of the Ombudsman under sections 15, 16 and 17.

             (4)  Where the Ombudsman submits a report to the Minister under subsection (1) or (2), the Minister shall cause the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

             (6)  Where the Ombudsman is of the opinion that it will not be reasonably possible to submit a report in accordance with paragraph (1)(a) within 6 months after the end of a particular year, the Ombudsman may, within that period of 6 months, apply to the Minister for an extension of the period, and, where the Ombudsman does so apply, he or she shall furnish to the Minister a statement in writing explaining why, in the Ombudsman's opinion, it will not be reasonably possible so to submit the report.

             (7)  The Minister may, on application under subsection (6), grant such extension as he or she considers reasonable in the circumstances.

          (7A)  Notwithstanding subsection (1), where the Minister grants an extension pursuant to an application under subsection (6):

                     (a)  the Minister shall cause to be laid before each House of the Parliament, within 3 sitting days of that House after the day on which he or she grants the extension, a copy of the statement furnished pursuant to subsection (6) in respect of the application together with a statement specifying the extension granted and his or her reasons for granting the extension;

                     (b)  the Ombudsman shall submit the report concerned to the Minister within the period as so extended; and

                     (c)  the Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after receipt of the report by the Minister.

          (7B)  Where:

                     (a)  the Ombudsman fails to submit a report in accordance with paragraph (1)(a) within 6 months after the end of a particular year; or

                     (b)  the Minister grants an extension pursuant to an application under subsection (6) and the Ombudsman fails to submit the report within the period as so extended;

then:

                     (c)  the Ombudsman shall, not later than 14 days after the end of that period of 6 months or that period of extension, as the case may be, furnish to the Minister a statement in writing explaining why the report was not submitted as required; and

                     (d)  the Minister shall cause a copy of the statement to be laid before each House of the Parliament within 3 sitting days of that House after receipt of the statement by the Minister.

             (8)  Where the Ombudsman refers in a report referred to in subsection (1) or (2) to an investigation made by him or her under this Act, the Ombudsman shall not, in referring to the investigation, set out opinions that are, either expressly or impliedly, critical of a Department, prescribed authority or person unless the Ombudsman has complied with subsection 8(5) in relation to the investigation.