{"id":"ombudsman-act-1972","name":"Ombudsman Act 1972","slug":"ombudsman-act-1972","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106185,"registerId":"sa-ombudsman-act-1972-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Ombudsman Act 1972","content":"South Australia\nOmbudsman Act 1972\nAn Act to provide for the appointment of an Ombudsman to investigate the exercise of the administrative powers of certain agencies and allegations of misconduct or maladministration in public administration; to provide for the powers, functions and duties of the Ombudsman; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMisconduct and maladministration\n4A\tParliamentary privilege unaffected\n5\tNon-application of Act\nPart 2—The Ombudsman\n5A\tFunctions\n6\tAppointment of Ombudsman\n7\tOmbudsman not to engage in any remunerative employment\n8\tActing Ombudsman\n9\tDelegation\n10\tTerm of office of the Ombudsman etc\n11\tOmbudsman is not a Public Service employee\n12\tOfficers of Ombudsman\nPart 2A—Receiving and assessing complaints and reports\n12A\tComplaints system\n12B\tPersons who may make complaints\n12C\tTime within which complaints may be made\n12D\tReporting system for misconduct and maladministration\n12E\tReferral of matter by OPI\n12F\tObstruction of complaint or report\n12G\tFalse or misleading statements in complaint or report etc\n12H\tAssessment of complaint or report\nPart 3—Investigations\n13\tMatters subject to investigation\n14\tParliament may refer matter for investigation\n14A\tAdministrative audits\n17A\tConciliation\n18\tProcedure on investigations\n19\tOmbudsman to have powers of a Royal Commission\n19A\tOmbudsman may issue direction in relation to administrative act\n20\tNo obligation on persons to maintain secrecy\n20A\tInjunction to refrain from conduct pending investigation\n21\tProtection for proceedings in Cabinet\n23\tEntry and inspection\n24\tObstruction\n25\tProceedings on completion of investigation\n26\tReport on investigation\n27\tReport to complainant\n28\tDetermination of the Ombudsman's jurisdiction\n28A\tDirections following misconduct or maladministration referral\nPart 4—Miscellaneous\n29\tReviews\n29A\tConfidentiality\n29B\tAnnual report and other public reports\n29C\tLegal assistance\n30\tImmunity from liability\n31\tUse of evidence or information\n31A\tVictimisation\n32\tUse of word \"Ombudsman\" by agencies to which Act applies in describing internal reviews prohibited\n33\tRegulations\nSchedule 1—Reimbursement of Legal Fees Policy\n1\tInterpretation\n2\tWho can claim for reimbursement\n3\tAdditional criteria for reimbursement\n4\tReasonable costs\n5\tProcedure for reimbursement\n6\tInterim payments\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Ombudsman Act 1972.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nact includes—\n\t(a)\tan omission;\n\t(b)\ta decision, proposal or recommendation (including a recommendation made to a Minister of the Crown),\nand the circumstances surrounding an act;\nadministrative act means—\n\t(a)\tan act relating to a matter of administration on the part of an agency to which this Act applies or a person engaged in the work of such an agency; or\n\t(b)\tan act done in the performance of functions conferred under a contract for services with the Crown or an agency to which this Act applies,\nbut does not include—\n\t(c)\tan act done in the discharge of a judicial authority; or\n\t(d)\tan act done by a person in the capacity of legal adviser to the Crown or an agency to which this Act applies; or\n\t(e)\tan act of a class declared by the regulations not to be an administrative act for the purposes of this definition;\nadministrative unit means an administrative unit of the Public Service;\nagency to which this Act applies means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\tan administrative unit; or\n\t(c)\ta council; or\n\t(ca)\tan assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016; or\n\t(d)\tan incorporated or unincorporated body—\n\t(i)\testablished or continued in existence for a public purpose by an Act; or\n\t(ii)\testablished or continued in existence for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or\n\t(iii)\tsubject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act); or\n\t(e)\ta person or body declared by the regulations to be an agency to which this Act applies,\nbut does not include an inquiry agency, the Office for Public Integrity or a person or body declared by the regulations to be an agency to which this Act does not apply;\ncomplainant in relation to an investigation means the person or persons whose complaint or report gave rise to that investigation;\ncomplaint in relation to public administration, means a complaint that gives rise, or may give rise, to an investigation into an administrative act or other act in the course of public administration;\ncouncil means a council within the meaning of the Local Government Act 1999;\ninquiry agency means—\n\t(a)\tthe Independent Commission Against Corruption; or\n\t(b)\tthe Ombudsman; or\n\t(c)\tthe Judicial Conduct Commissioner;\ninvestigation means an investigation by the Ombudsman under this Act in relation to an administrative act or other act in the course of public administration;\nmaladministration in public administration—see section 4;\nmisconduct in public administration—see section 4;\nofficer of the Ombudsman means—\n\t(a)\ta person employed in the Public Service and assigned to work in the office of the Ombudsman; or\n\t(b)\ta person employed under section 12;\nOPI means the Office for Public Integrity established under the Independent Commission Against Corruption Act 2012;\nprincipal officer in relation to an agency to which this Act applies means—\n\t(a)\tif the agency consists of a single person (including a corporation sole but not any other body corporate)—that person;\n\t(b)\tif the agency is a council—the principal member of the council;\n\t(c)\tif the agency consists of an unincorporated board or committee—the presiding officer;\n\t(d)\tin any other case—the chief executive officer of the agency or a person declared by the regulations to be the principal officer of the agency;\npublic administration—without limiting the acts that may comprise public administration, an administrative act will be taken to be carried out in the course of public administration;\npublic authority has the same meaning as in the Independent Commission Against Corruption Act 2012;\npublic officer has the same meaning as in the Independent Commission Against Corruption Act 2012;\nreport means a report to the Ombudsman of a kind referred to in section 12D;\nresponsible Minister in relation to an agency to which this Act applies means—\n\t(a)\tif the agency is an administrative unit—the Minister responsible for that administrative unit;\n\t(b)\tif the agency is a council—the Minister responsible for the administration of the Local Government Act 1999;\n\t(c)\tif the agency is a body established by or under an Act—the Minister responsible for the administration of that Act;\n\t(d)\tin any other case—the Minister declared by the regulations to be the responsible Minister for the agency or, in the absence of such a declaration, the Minister responsible for the administration of this Act;\nStatutory Officers Committee means the committee of that name established under the Parliamentary Committees Act 1991;\nthe Ombudsman includes a person acting in the office of the Ombudsman.\n\t(2)\tFor the purposes of this Act—\n\t(a)\ta person engaged or employed in the administration of, or in the performance of functions in or on behalf of, an agency to which this Act applies will be taken to be engaged in the work of that agency; and\n\t(b)\tdeputy sheriffs and sheriff's officers will be taken to be engaged in the work of the sheriff and the sheriff will be regarded as an employer in relation to deputy sheriffs and sheriff's officers.\n\t(3)\tThe Governor may, by regulation—\n\t(a)\tdeclare a person or body to be an agency to which this Act applies; or\n\t(b)\tdeclare a person or body to be an agency to which this Act does not apply; or\n\t(c)\tdeclare a person to be the principal officer of an agency to which this Act applies; or\n\t(d)\tdeclare a Minister to be the responsible Minister for an agency to which this Act applies.\n\t(4)\tA regulation under subsection (3)(a) cannot take effect unless it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance of the regulation is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\n\t(5)\tA regulation under subsection (3)(b) may declare part of an administrative unit to be part of an administrative unit to which this Act does not apply.\n4—Misconduct and maladministration\n\t(1)\tMisconduct in public administration means an intentional and serious contravention of a code of conduct by a public officer while acting in their capacity as a public officer that constitutes a ground for disciplinary action against the officer.\n\t(2)\tMaladministration in public administration—\n\t(a)\tmeans—\n\t(i)\tconduct of a public officer, or a practice, policy or procedure of a public authority, that results in an irregular and unauthorised use of public money or substantial mismanagement of public resources; or\n\t(ii)\tconduct of a public officer involving substantial mismanagement in or in relation to the performance of official functions; and\n\t(b)\tincludes conduct resulting from impropriety, incompetence or negligence; and\n\t(c)\tis to be assessed having regard to relevant statutory provisions and administrative instructions and directions.\n\t(3)\tWithout limiting or extending the conduct that may comprise misconduct or maladministration in public administration, this Act applies to conduct that—\n\t(a)\toccurred before the commencement of this section; or\n\t(b)\toccurs outside this State; or\n\t(c)\tcomprises a failure to act; or\n\t(d)\tis conduct of a person who was a public officer at the time of its occurrence but who has since ceased to be a public officer; or\n\t(e)\tis conduct of a person who was not a public officer at the time of its occurrence but who has since become a public officer.\n\t(4)\tA reference in subsection (1) to a code of conduct does not include any statement of principles applicable in relation to the conduct of members of Parliament.\n4A—Parliamentary privilege unaffected\nNothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members and powers under this Act may not be exercised in relation to any matter to which parliamentary privilege applies.\n5—Non-application of Act\n\t(1)\tThis Act does not apply to or in relation to any Commission or tribunal for the time being declared by proclamation to be a Commission or tribunal to which this Act does not apply.\n\t(2)\tThis Act does not apply to or in relation to—\n\t(a)\tany complaint to which the Police Complaints and Discipline Act 2016 applies; or\n\t(b)\tany matter to which that Act would apply if the matter were the subject of a complaint under that Act.\n\t(3)\tThis Act does not apply to or in relation to—\n\t(a)\tany complaint to which the Judicial Conduct Commissioner Act 2015 applies; or\n\t(b)\tany matter to which that Act would apply if the matter were the subject of a complaint under that Act.\nPart 2—The Ombudsman\n5A—Functions\nThere is to be an Ombudsman with the following functions:\n\t(a)\tto receive, assess and investigate or otherwise deal with complaints made or referred to the Ombudsman about public administration;\n\t(b)\tto receive, assess and investigate or otherwise deal with reports about misconduct and maladministration in public administration made or referred to the Ombudsman;\n\t(c)\tto assist agencies to identify and deal with inappropriate or improper administrative acts;\n\t(d)\tto give directions or guidance to public authorities in dealing with misconduct and maladministration in public administration, as the Ombudsman considers appropriate;\n\t(e)\tto evaluate the practices, policies and procedures of public authorities with a view to advancing comprehensive and effective systems for preventing or minimising misconduct and maladministration in public administration;\n\t(f)\tto conduct or facilitate the conduct of educational programs or the publication or distribution of educational materials designed to prevent or minimise misconduct and maladministration in public administration;\n\t(g)\tto perform other functions conferred on the Ombudsman by this or any other Act.\n6—Appointment of Ombudsman\n\t(1)\tThe Governor may, on a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Ombudsman.\n\t(1a)\tOn a vacancy occurring in the office of the Ombudsman, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee.\n\t(2)\tThe terms and conditions of appointment and employment (including salary and allowances) of the Ombudsman shall be as determined from time to time by the Governor.\n\t(3)\tThis section is, without further appropriation, sufficient authority for the payment of the salary and allowances of the Ombudsman out of the General Revenue of the State.\n7—Ombudsman not to engage in any remunerative employment\nThe Ombudsman must not, without the consent of the Minister, engage in any remunerative employment or undertaking outside official duties.\n8—Acting Ombudsman\n\t(1)\tIf for any reason—\n\t(a)\tthe Ombudsman is temporarily unable to perform official duties; or\n\t(b)\tthe office of the Ombudsman is temporarily vacant,\nthe Governor may, by notice published in the Gazette, appoint a person to act in the office of the Ombudsman and a person so appointed has, while so acting, all the powers, functions and duties of the Ombudsman.\n\t(1a)\tA person who is a Public Service employee may be appointed under this section to act in the office of the Ombudsman while remaining a Public Service employee for a term not exceeding three months and may, on the expiration of that term, be reappointed (provided that the terms of appointment do not exceed six months in aggregate in any period of 12 months).\n\t(2)\tSubject to this Act, the terms and conditions of appointment and employment (including the salary and allowances) of the person appointed under subsection (1) shall be as determined, from time to time, by the Governor.\n\t(3)\tThis section is, without further appropriation, sufficient authority for the payment of the salary and allowances of an acting Ombudsman out of the General Revenue of the State.\n9—Delegation\n\t(1)\tThe Ombudsman may, by instrument in writing, delegate powers or functions under this or any other Act (except this power of delegation) to any person.\n\t(2)\tThe Ombudsman may by instrument in writing revoke or vary any delegation given under subsection (1).\n\t(3)\tThe exercise or performance of any power or function by a delegate pursuant to subsection (1) does not affect the exercise or performance of that power or function by the Ombudsman.\n10—Term of office of the Ombudsman etc\n\t(1)\tThe Ombudsman shall be appointed for an initial term of 7 years.\n\t(1a)\tA person appointed to be the Ombudsman is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Acting Ombudsman) that exceed 10 years in total.\n\t(2)\tThe Governor may remove the Ombudsman from office upon the presentation of an address from both Houses of Parliament seeking the Ombudsman's removal.\n\t(3)\tThe Governor may suspend the Ombudsman from office on the ground of incompetence or misbehaviour and, in that event—\n\t(a)\ta full statement of the reason for the suspension must be laid before both Houses of Parliament within seven days of the suspension if Parliament is then in session or, if not, within seven days of the commencement of the next session of Parliament; and\n\t(b)\tif, at the expiration of one month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Ombudsman's removal has not been presented to the Governor, the Ombudsman must be restored to office.\n\t(4)\tThe office of Ombudsman becomes vacant if the Ombudsman—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice delivered to the Governor; or\n\t(d)\tis removed from office by the Governor under subsection (2); or\n\t(e)\tbecomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or\n\t(f)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(g)\tbecomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or\n\t(h)\tbecomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office.\n\t(5)\tExcept as is provided by this section, the Ombudsman shall not be removed or suspended from office, nor shall the office of the Ombudsman become vacant.\n11—Ombudsman is not a Public Service employee\n\t(1)\tThe Ombudsman is not a Public Service employee.\n\t(2)\tIf an Ombudsman was, immediately before appointment as such, employed in the Public Service, the Ombudsman retains existing and accruing rights in respect of leave.\n12—Officers of Ombudsman\n\t(1)\tThe Ombudsman's staff consists of—\n\t(a)\tPublic Service employees assigned to work in the office of the Ombudsman; and\n\t(b)\tif appointments have been made under subsection (3)—the persons holding those appointments.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\texclude Public Service employees on the Ombudsman's staff from specified provisions of the Public Sector Act 2009; and\n\t(b)\tif the Minister thinks that certain provisions should apply to such employees instead of those from which they are excluded under paragraph (a)—determine that those provisions will so apply,\nand such a notice has effect in accordance with its terms.\n\t(2a)\tWhile a Public Service employee is assigned to work in the office of the Ombudsman, directions given to the employee by the Ombudsman prevail over directions given to the employee by the chief executive of the administrative unit of the Public Service in which the employee is employed to the extent of any inconsistency.\n\t(3)\tThe Ombudsman may, with the consent of the Minister, appoint staff for the purposes of this Act.\n\t(4)\tThe terms and conditions of employment of a person appointed under subsection (3) will be determined by the Governor and such a person is not a Public Service employee.\nPart 2A—Receiving and assessing complaints and reports\n12A—Complaints system\n\t(1)\tA system for the receipt of complaints about public administration is to be established by the Ombudsman.\n\t(2)\tThe system must permit the making of complaints relating to matters that are (in the opinion of the Ombudsman) sensitive, complex or of significant public interest to be made in person to an officer of the Ombudsman.\n\t(3)\tThe system must ensure that the Ombudsman gives consideration to the motives of a complainant and that complaints that are apparently made in bad faith, for an improper purpose, are vexatious or that otherwise amount to an abuse of the complaints system are not received for consideration by the Ombudsman.\n12B—Persons who may make complaints\n\t(1)\tA complaint about public administration may be made—\n\t(a)\tif the complaint relates to alleged misconduct or maladministration in public administration—by any person; or\n\t(b)\tin any other case—\n\t(i)\tby a person or body of persons directly affected by the acts to which the complaint relates; or\n\t(ii)\tin accordance with subsection (4).\n\t(2)\tIf the person by whom a complaint might have been made has died or is unable to make the complaint personally, the complaint may be made by a person who is, in the Ombudsman's opinion, a suitable representative of that person.\n\t(3)\tA complaint in respect of an act that could, apart from this subsection, be made by a person or body of persons may, with the consent of that person or body, be made on behalf of that person or body by a member of either House of Parliament and with the consent of that person or body that member may act on behalf of that person or body in and in connection with all matters relating to the matter of complaint.\n\t(4)\tA complaint may be made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016 despite the fact that they are not directly affected by the acts to which the complaint relates.\n\t(5)\tNotwithstanding any enactment prohibiting or restricting, or authorising the imposition of prohibitions or restrictions on, communication, a person having the care or custody of another person must not refuse or fail to take all steps necessary to facilitate any communication by that other person necessary for or incidental to a complaint under this Act and to ensure the privacy of that communication.\nMaximum penalty: $2 000.\n12C—Time within which complaints may be made\n\t(1)\tSubject to this section, a complaint under this Act must not be entertained by the Ombudsman if it is made after 12 months from the day on which the complainant first had notice of the matters alleged in the complaint unless the Ombudsman is of the opinion that, in all the circumstances of the case, it is proper to entertain the complaint.\n\t(2)\tFor the purposes of this section a complainant will be presumed to have had notice of the matters alleged in the complaint at the time they might reasonably be expected to have had such notice.\n\t(3)\tThis section does not apply in relation to a complaint made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016.\n12D—Reporting system for misconduct and maladministration\n\t(1)\tThe Ombudsman must prepare directions and guidelines governing reporting to the Ombudsman of matters that an inquiry agency, public authority or public officer reasonably suspects involves misconduct or maladministration in public administration.\n\t(2)\tThe directions and guidelines—\n\t(a)\tmust include guidance as to how matters may be reported; and\n\t(b)\tmust be made available free of charge on the Internet, and at premises established for the receipt of complaints or reports by the Ombudsman, for inspection by members of the public.\n\t(3)\tA public authority or public officer may report to the Ombudsman any matter that the authority or officer reasonably suspects involves misconduct or maladministration in public administration.\n\t(4)\tThe Attorney‑General may, in any event, report such matters to the Ombudsman for consideration as the Attorney‑General considers appropriate.\n12E—Referral of matter by OPI\nIf a matter is referred to the Ombudsman under the Independent Commission Against Corruption Act 2012, the matter must be dealt with under this Act as if a complaint or report had been made under this Act and—\n\t(a)\tif the matter was the subject of a complaint or report under that Act—as if the person who made the complaint or report under that Act was the complainant under this Act; or\n\t(b)\tif the matter was identified by the Independent Commission Against Corruption in the course of performing functions under that Act—as if the Commissioner under that Act was the complainant under this Act.\n12F—Obstruction of complaint or report\nA person must not—\n\t(a)\tprevent another person from making a complaint or report under this Act; or\n\t(b)\thinder or obstruct another person in making such a complaint or report.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n12G—False or misleading statements in complaint or report etc\nA person must not—\n\t(a)\tmake a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided in a complaint or report; or\n\t(b)\tmake a complaint or report knowing that there are no grounds for the making of the complaint or report.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n12H—Assessment of complaint or report\n\t(1)\tOn receipt by the Ombudsman of a complaint or report, the matter must be assessed as to whether—\n\t(a)\tit raises an issue that should be investigated under this Act; or\n\t(b)\tit raises some other issue that should be referred to a law enforcement agency, another inquiry agency, a public authority or a public officer; or\n\t(c)\tit is trivial, vexatious or frivolous, it has previously been dealt with by an inquiry agency or a public authority and there is no reason to reexamine it or there is other good reason why no action should be taken in respect of it,\nand a determination made as to whether or not action should be taken to investigate or refer the matter.\n\t(2)\tThe Ombudsman may, for the purpose of assessing a matter, by written notice, require a public authority or public officer—\n\t(a)\tto produce a specified document or a document relating to a specified matter; or\n\t(b)\tto produce a written statement of information about a specified matter or to answer specified questions, within a specified period and in a specified form, verified if the written notice so requires by statutory declaration.\n\t(3)\tA person must not refuse or fail to comply with a requirement of a notice under subsection (2).\nMaximum penalty: $10 000 or imprisonment for 2 years.\nPart 3—Investigations\n13—Matters subject to investigation\n\t(1)\tSubject to this Act, the Ombudsman may investigate any administrative act or any suspected misconduct or maladministration in public administration.\n\t(2)\tThe Ombudsman may make such an investigation either on receipt of a complaint or report or on the Ombudsman's own initiative and, where a complaint or report is made, the Ombudsman may investigate any act in the course of public administration notwithstanding that, on the face of it, the complaint or report may not appear to relate to that act.\n\t(2a)\tDespite any other provision of this Act, if the Ombudsman becomes aware that—\n\t(a)\tan investigation under the Independent Commission Against Corruption Act 2012 or other criminal investigation is being conducted in relation to a matter that is the subject of a complaint or is otherwise being investigated under this Act; or\n\t(b)\ta person has been or is to be charged with a criminal offence in relation to such a matter,\nthe Ombudsman may not proceed to investigate or otherwise deal with the matter under this Act until the criminal investigation has been completed or the proceedings for the offence have been disposed of, withdrawn or permanently stayed.\n\t(3)\tThe Ombudsman must not investigate any administrative act where—\n\t(a)\tthe complainant is provided in relation to that administrative act with a right of appeal, reference or review to a court, tribunal, person or body under any enactment or by virtue of Her Majesty's prerogative; or\n\t(b)\tthe complainant had a remedy by way of legal proceedings,\nunless the Ombudsman is of the opinion that it is not reasonable, in the circumstances of the case, to expect that the complainant should resort or should have resorted to that appeal, reference, review or remedy or that it is in the public interest to continue the investigation under this Act.\n\t(3a)\tThe ability to lay a complaint for disciplinary action against a person is to be disregarded for the purposes of subsection (3).\n\t(3b)\tDespite subsection (3), the Ombudsman may investigate a prescribed child protection complaint.\n\t(3c)\tTo avoid doubt, subsection (3b) applies whether the prescribed child protection complaint—\n\t(a)\tis made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016; or\n\t(b)\tis referred to the Ombudsman by the Commissioner under section 28A of the Health and Community Services Complaints Act 2004; or\n\t(c)\tis made under this Act.\n\t(3d)\tWithout limiting any other provision of this Act, the Ombudsman, in respect of an investigation under subsection (3b), has any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 if the Commissioner were investigating such a complaint under that Act.\n\t(3e)\tWithout limiting any other provision of this Act, the Ombudsman must, in the course of an investigation under subsection (3b)—\n\t(a)\thave regard, and seek to give effect, to the Health and Community Services Rights Charter under the Health and Community Services Complaints Act 2004, as in force from time to time;\n\t(b)\twhere appropriate, have regard to any code of conduct prescribed under section 56A of the Health and Community Services Complaints Act 2004.\n\t(4)\tThe Ombudsman may investigate any administrative act, notwithstanding any enactment that provides that that administrative act is final or not to be appealed against, challenged, reviewed, quashed or called into question.\n\t(5)\tA reference in this or any other provision of this Act to an administrative act will be taken to include a reference to the service, activity or omission to which a prescribed child protection complaint relates.\n\t(6)\tIn this section—\nat risk has the same meaning as in the Children and Young People (Safety) Act 2016;\nprescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.\n14—Parliament may refer matter for investigation\n\t(1)\tSubject to this section, either House of Parliament, or any committee of either of those Houses, or a joint committee of both Houses of Parliament, may refer to the Ombudsman, for investigation and report, any matter that is within the jurisdiction of the Ombudsman and which that House or committee considers should be investigated by the Ombudsman.\n\t(2)\tThe Ombudsman must carry out an investigation into any matter referred to him or her under this section and, following that investigation, must submit a report on the matter to—\n\t(a)\tif the matter was referred to the Ombudsman by the Legislative Council or a committee of the Legislative Council—the President of the Legislative Council;\n\t(b)\tif the matter was referred to the Ombudsman by the House of Assembly or a committee of the House of Assembly—the Speaker of the House of Assembly;\n\t(c)\tif the matter was referred to the Ombudsman by a joint committee of both Houses of Parliament—the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(3)\tIf—\n\t(a)\tthe person affected by an administrative act is provided in relation to that act with a right of appeal, reference or review to a court, tribunal, person or body under any enactment or by virtue of Her Majesty's prerogative; or\n\t(b)\tthe person affected by an administrative act had a remedy by way of legal proceedings; or\n\t(c)\t12 months have elapsed since the person affected by an administrative act had notice of the administrative act,\nthe administrative act is not to be referred to the Ombudsman by a House of Parliament or committee under this section unless the House or committee resolves that, in all the circumstances of the case, the administrative act warrants investigation by the Ombudsman despite the availability of that appeal, reference, review or remedy or the passage of time since the person affected had notice of the administrative act.\n14A—Administrative audits\n\t(1)\tIf the Ombudsman considers it to be in the public interest to do so, the Ombudsman may conduct a review of the administrative practices and procedures of an agency to which this Act applies.\n\t(2)\tThe provisions of this Act apply in relation to a review under subsection (1) as if it were an investigation of an administrative act under this Act, subject to such modifications as may be necessary, or as may be prescribed.\n17A—Conciliation\n\t(1)\tThe Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation.\n\t(2)\tThe Ombudsman may, in attempting conciliation under this section, act personally or through some other person.\n\t(3)\tThe Ombudsman may, if satisfied that the subject of a complaint has been properly resolved by conciliation under this section, determine that the complaint should not be investigated or further investigated under this Act.\n18—Procedure on investigations\n\t(1a)\tThe Ombudsman must, before proceeding with a full investigation under this Act, inform the principal officer of the relevant agency or the relevant public authority of the decision to proceed with such an investigation.\n\t(2)\tEvery investigation under this Act must be conducted in private.\n\t(3)\tThe Ombudsman—\n\t(a)\tis not required to hold a hearing for the purposes of an investigation;\n\t(b)\tmay obtain information from such persons and in such manner as the Ombudsman thinks fit;\n\t(c)\tmay determine whether any person to whom an investigation relates may have legal or other representation.\n\t(4)\tBefore making a report affecting an agency to which this Act applies or a public officer or public authority the Ombudsman must allow the principal officer of the relevant agency or the relevant public officer or public authority a reasonable opportunity to comment on the subject matter of the report.\n\t(5)\tThe Ombudsman must report any evidence of misconduct or maladministration in public administration to the relevant public authority.\n\t(6)\tSubject to this Act, the procedure to be adopted in relation to an investigation will be as determined by the Ombudsman.\n19—Ombudsman to have powers of a Royal Commission\nFor the purposes of an investigation the Ombudsman has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if—\n\t(a)\tthe Ombudsman were a commission as so defined; and\n\t(b)\tthe subject matter of the investigation were set out in a commission of inquiry issued by the Governor under that Act.\n19A—Ombudsman may issue direction in relation to administrative act\n\t(1)\tIf the Ombudsman is of the opinion that an administrative act by an agency is—\n\t(a)\tlikely to prejudice an investigation or proposed investigation or the effect or implementation of a recommendation that the Ombudsman might make as a result of an investigation or proposed investigation; or\n\t(b)\tlikely to cause serious hardship to a person,\nthe Ombudsman may, by notice in writing, direct an agency to which this Act applies to refrain from performing the administrative act as specified in the notice for any period specified in the notice.\n\t(2)\tHowever—\n\t(a)\ta notice must not be issued if compliance with the notice by the agency would result in the agency breaching a contract or other legal obligation or cause any third parties undue hardship; and\n\t(b)\ta notice or notices issued under this section must not require an agency to refrain from performing an administrative act for more than 45 days in aggregate.\n\t(3)\tThe Ombudsman may, at any time, revoke a notice and must do so if of the opinion that the notice should not have been issued.\n\t(5)\tIf, following receipt of a notice under this section, the agency is of the opinion that, in the circumstances, failure to comply with the terms of the notice would be reasonable and justifiable, the agency may determine not to comply with the notice (in which case it must advise the Ombudsman of that determination, in writing, as soon as practicable).\n\t(6)\tIf an agency that has received a notice under this section fails to comply with the terms of the notice, the following provisions apply:\n\t(a)\tthe principal officer of the agency must, at the request of the Ombudsman, report to the Ombudsman within the time allowed in the request on the reasons for the agency's failure to comply with the notice;\n\t(b)\tif, following receipt of the principal officer's report, the Ombudsman is of the opinion that the agency's failure to comply with the notice was unjustified or unreasonable, the Ombudsman may make a report on the matter to the Premier;\n\t(c)\tthe Ombudsman may forward copies of any report to the Premier to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses.\n\t(8)\tThis section does not apply in relation to the sheriff.\n20—No obligation on persons to maintain secrecy\nNo obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the service of the Crown or an agency to which this Act applies, whether imposed by any enactment or by a rule of law applies to the disclosure of information for the purposes of an investigation by the Ombudsman and, except as is provided in this Act, the Crown or an agency to which this Act applies is not entitled, in relation to any such investigation, to privilege in respect of the production of documents or the giving of evidence.\n20A—Injunction to refrain from conduct pending investigation\n\t(1)\tThe Supreme Court may, on application made by the Ombudsman (in a case where section 19A does not apply or the Ombudsman does not consider it appropriate to issue a notice under that section), grant an injunction restraining a person from engaging in conduct that is the subject of, or affects the subject matter of, an investigation or proposed investigation by the Ombudsman.\n\t(2)\tThe Supreme Court must not grant an injunction under this section unless it is satisfied—\n\t(a)\tthat the conduct sought to be restrained is likely to impede the investigation or proposed investigation; or\n\t(b)\tthat it is necessary in the public interest to do so.\n21—Protection for proceedings in Cabinet\n\t(1)\tNo person shall be required or authorised by virtue of this Act—\n\t(a)\tto furnish any information or answer any questions relating to the proceedings of the Cabinet or of any committee of the Cabinet; or\n\t(b)\tto produce or inspect so much of any document as relates to any such proceedings.\n\t(2)\tFor the purposes of this section a certificate issued under the hand of the Minister certifying that any information or question or any document or part of a document relates to the proceedings referred to in subsection (1) is conclusive evidence of the fact so certified.\n23—Entry and inspection\nFor the purposes of an investigation, the Ombudsman or a person authorised by the Ombudsman may enter and inspect any premises or place occupied by an agency to which this Act applies and anything in or on those premises or that place.\n24—Obstruction\nA person shall not—\n\t(a)\twithout lawful excuse obstruct, hinder or resist the Ombudsman or other person in the exercise or performance of powers or functions conferred by or under this Act; or\n\t(b)\twithout lawful excuse fail or refuse to comply with any lawful requirement of the Ombudsman or any other person under this Act; or\n\t(c)\twilfully make any statement that is false or untrue in a material particular to the Ombudsman or any other person acting in the exercise of powers under this Act.\nMaximum penalty: $2 000.\n25—Proceedings on completion of investigation\n\t(1a)\tThis section does not apply to an investigation conducted under section 14.\n\t(2)\tIf, on completion of an investigation, the Ombudsman is of the opinion—\n\t(a)\tthat the subject matter of the investigation should be referred back to the appropriate agency or authority for further consideration; or\n\t(b)\tthat action can be, and should be, taken to rectify, or mitigate or alter the effects of, the act to which the investigation related; or\n\t(c)\tthat the practice in accordance with which the act was done should be varied; or\n\t(d)\tthat any law in accordance with which or on the basis of which the action was taken should be amended or repealed; or\n\t(e)\tthat the reason for any act should be given; or\n\t(f)\tthat any other steps should be taken,\nthe Ombudsman must report that opinion and the reasons for it to the principal officer of the relevant agency or to the relevant public authority and may make such recommendations as the Ombudsman thinks fit.\n\t(3)\tThe Ombudsman must send a copy of any report or recommendation made under subsection (2) to the responsible Minister and, in the case of a report or recommendation relating to the sheriff, to the State Courts Administration Council.\n\t(4)\tThe principal officer or public authority in relation to which a recommendation is made under subsection (2) must, at the request of the Ombudsman, report to the Ombudsman within a time allowed in the request on what steps have been taken to give effect to the recommendation and, if no such steps have been taken, the reason for the inaction.\n\t(5)\tIf it appears to the Ombudsman that appropriate steps have not been taken to give effect to a recommendation made under this section, the Ombudsman may make a report on the matter (containing a copy of the earlier report and the recommendation) to the Premier.\n\t(6)\tWhere the Ombudsman reports to the Premier under subsection (5), the Ombudsman may forward copies of the report to the Speaker of the House of Assembly and the President of the Legislative Council with a request that they be laid before their respective Houses.\n26—Report on investigation\nThe Ombudsman may, if of the opinion that it is in the public interest to do so, cause a report on an investigation, or a statement about an investigation, or a decision not to investigate or to discontinue an investigation, to be published in such manner as the Ombudsman thinks fit.\n27—Report to complainant\n\t(1)\tThe Ombudsman must inform a complainant of the result of an investigation made on the complaint or report.\n\t(2)\tIf—\n\t(a)\ta complaint or report is investigated; and\n\t(b)\tthe Ombudsman makes a recommendation under this Act in relation to the subject matter of the complaint or report; and\n\t(c)\tthe Ombudsman is of the opinion that reasonable steps have not been taken to implement the recommendation within a reasonable time,\nthe Ombudsman must inform the complainant of that opinion and may make any further comments on the matter that appear appropriate in the circumstances.\n28—Determination of the Ombudsman's jurisdiction\nWhere—\n\t(a)\tan investigation has been commenced or is proposed under this Act; and\n\t(b)\ta question arises as to whether the Ombudsman has jurisdiction to conduct the investigation,\nthe Supreme Court may, on the application of the Ombudsman, an agency to which this Act applies or the principal officer of such an agency or a public officer or public authority, determine the question and make any orders necessary to give effect to the determination.\n28A—Directions following misconduct or maladministration referral\n\t(1)\tIf the Ombudsman is satisfied that a matter involves misconduct or maladministration in public administration and the matter is referred to a public authority under this Act, the Ombudsman may issue directions to the public authority doing 1 or both of the following:\n\t(a)\trecommending action that should be taken by the authority and the period within which it should be taken;\n\t(b)\trequiring that the authority submit a report or reports on action taken in respect of the matter.\n\t(2)\tThe Ombudsman may at any time revoke or vary directions under this section or give further directions.\n\t(3)\tIf—\n\t(a)\tdirections under this section included a requirement that the public authority submit a report or reports on action taken in respect of the matter; and\n\t(b)\tthe Ombudsman is not satisfied that the authority has duly and properly taken action in relation to the matter,\nthe Ombudsman must inform the authority of the grounds of the Ombudsman's dissatisfaction and give the authority an opportunity to comment within a specified time.\n\t(4)\tIf, after considering any comments received from the public authority within the specified time, the Ombudsman is still not satisfied, the Ombudsman may submit a report to the responsible Minister for the authority setting out the grounds of dissatisfaction, together with any comments from the authority.\n\t(5)\tIf, after considering any comments received from the responsible Minister within 21 days after the report was submitted to the Minister, the Ombudsman is still not satisfied, the Ombudsman may provide to the President of the Legislative Council and the Speaker of the House of Assembly a report setting out the grounds of dissatisfaction.\n\t(6)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\nPart 4—Miscellaneous\n29—Reviews\n\t(1)\tThe Inspector appointed under Schedule 4 of the Independent Commission Against Corruption Act 2012 must conduct the following reviews in accordance with this section:\n\t(a)\tannual reviews examining the operations of the Ombudsman during each financial year;\n\t(b)\treviews relating to relevant complaints received by the Inspector;\n\t(c)\tother reviews on the Inspector's own motion or at the request of the Attorney‑General or the Crime and Public Integrity Policy Committee established under the Parliamentary Committees Act 1991.\n\t(2)\tWithout limiting the matters that may be the subject of a review, the Inspector—\n\t(a)\tmust, in the case of an annual review, consider the following in relation to the financial year to which the review relates:\n\t(i)\twhether the powers under this Act were exercised in an appropriate manner (including whether undue prejudice to the reputation of any person was caused);\n\t(ii)\twhether the practices and procedures of the Ombudsman were effective and efficient;\n\t(iii)\twhether the Ombudsman carried out the functions of the Ombudsman under this Act in a manner that was likely to assist in the proper exercise of administrative powers in the State; and\n\t(b)\tmay examine any particular exercises of power by the Ombudsman; and\n\t(c)\tmay make any recommendations to the Ombudsman or to the Attorney-General that the Inspector thinks fit.\n\t(3)\tFor the purpose of conducting a review under this section, the Inspector (and any person assisting the Inspector) has the same powers as the Inspector has in conducting a review under the Independent Commission Against Corruption Act 2012.\n\t(4)\tBefore commencing an annual review, the Inspector must publish a notice calling for public submissions to be made (within a specified period of not less than 1 month and in a manner specified in the notice) in relation to the operations of the Ombudsman during the financial year to which the annual review is to relate.\n\t(5)\tA notice under subsection (4) must be published on the Inspector's website and in the Gazette and may be published in any additional manner determined by the Inspector.\n\t(6)\tThe Ombudsman must ensure that the Inspector is provided with such information as the Inspector may require for the purpose of conducting a review.\n\t(7)\tA review conducted at the request of the Crime and Public Integrity Policy Committee must be completed within any period specified by the Committee (which must be reasonable) and the Attorney-General must ensure that the Inspector is provided with any assistance required to complete the review within that period.\n\t(8)\tOn completing a review, or at any time during a review, the Inspector may do any of the following:\n\t(a)\trefer a matter to a law enforcement agency for further investigation and potential prosecution;\n\t(b)\trefer a matter to an inquiry agency or a public authority for further investigation and potential disciplinary action against a public officer for whom the agency or authority is responsible;\n\t(c)\tif the Inspector finds that undue prejudice to the reputation of any person was caused by the Ombudsman, the Inspector may—\n\t(i)\tpublish any statement or material that the Inspector thinks will help to alleviate that prejudice; or\n\t(ii)\trecommend that the Ombudsman pay an amount of compensation to the person.\n\t(9)\tBefore referring a matter under subsection (8), the Inspector must notify the Ombudsman of the proposed referral unless the Inspector is of the opinion that it would be inappropriate to do so in the circumstances of the case.\n\t(10)\tOn referral of a matter to another agency or authority, the Inspector may disclose to the agency or authority any evidence or information that the Inspector has in respect of the matter.\n\t(11)\tSubject to subsection (12), a report on an annual review must—\n\t(a)\tspecify how many relevant complaints were made during the financial year to which the report relates; and\n\t(b)\tspecify how many reviews were conducted by the Inspector in relation to relevant complaints during the financial year to which the report relates; and\n\t(c)\tdescribe the types of relevant complaints made during the financial year to which the report relates (in terms of the type of conduct being complained of) and specify how many complaints of each such type were made and describe the outcome of those complaints.\n\t(12)\tThe Inspector—\n\t(a)\tmust, in preparing a report on a review, consider the effect of the proposed report on any complaint, report, assessment, investigation or referral under this Act; and\n\t(b)\tmust not include information in a report if publication of the information would constitute an offence against section 29A.\n\t(13)\tA report on a review must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly—\n\t(a)\tin the case of an annual review examining the operations of the Ombudsman and relevant complaints received during a financial year—on or before 30 September in the following financial year; or\n\t(b)\tin any other case—as soon as practicable after completion of the review.\n\t(14)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n29A—Confidentiality\n\t(1)\tExcept as required or authorised by this Act or by the Ombudsman, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(2)\tDespite subsection (1), a person engaged in the administration of this Act may disclose information—\n\t(a)\tfor the purposes of the administration or enforcement of this Act; or\n\t(b)\tfor the purposes of referring a matter in accordance with this Act to a law enforcement agency, inquiry agency, public authority or public officer; or\n\t(c)\tfor the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or\n\t(d)\tfor the performance of the functions of the Ombudsman under another Act; or\n\t(e)\tas otherwise required or authorised by this or another Act.\n\t(3)\tA person who receives information knowing that the information is connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act must not disclose that information unless—\n\t(a)\tthe person is authorised in writing by the Ombudsman or by a person approved by the Ombudsman under this section to give an authorisation; or\n\t(b)\tthe disclosure of that information is for the purpose of—\n\t(i)\tdealing with a matter under this Act; or\n\t(ii)\ta criminal proceeding, a proceeding for the imposition of a penalty or disciplinary action; or\n\t(iii)\ta person obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or\n\t(iv)\ta person obtaining medical or psychological assistance from a medical practitioner or psychologist; or\n\t(v)\ta person advising their employer; or\n\t(vi)\ta person advising their business partners or others with whom a relevant fiduciary relationship exists; or\n\t(vii)\tthe management of a workers compensation claim; or\n\t(c)\tthe information relates to the person and is disclosed by the person to a close family member of the person.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(4)\tAn authorisation to disclose information must be granted under subsection (3)(a) on application by a person—\n\t(a)\tif—\n\t(i)\tthe information relates to the applicant; and\n\t(ii)\tthe person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter; or\n\t(b)\tif—\n\t(i)\tthe information was disclosed to the applicant by a close family member; and\n\t(ii)\tthe information relates to the close family member; and\n\t(iii)\tthe close family member is deceased or is otherwise no longer able to apply for authorisation to disclose the information; and\n\t(iv)\tthe person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter.\n\t(5)\tFor the purposes of this section, a person is a close family member of another person if—\n\t(a)\t1 is a spouse of the other or is in a close personal relationship with the other; or\n\t(b)\t1 is a parent or grandparent of the other (whether by blood or by marriage); or\n\t(c)\t1 is a brother or sister of the other (whether by blood or by marriage); or\n\t(d)\t1 is a guardian or carer of the other.\n\t(6)\tA person must not, except as authorised in writing by the Ombudsman or a person approved by the Ombudsman under this section to give an authorisation, or by a court hearing proceedings for an offence against this Act, publish, or cause to be published—\n\t(a)\tinformation tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment, investigation or referral under this Act; or\n\t(b)\tinformation that might enable a person who has made a complaint or report under this Act to be identified or located; or\n\t(c)\tthe fact that a person has made or may be about to make a complaint or report under this Act; or\n\t(d)\tinformation that might enable a person who has given or may be about to give information or other evidence under this Act to be identified or located; or\n\t(e)\tthe fact that a person has given or may be about to give information or other evidence under this Act; or\n\t(f)\tany other information or evidence publication of which is prohibited by the Ombudsman.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$150 000;\n\t(b)\tin the case of a natural person—$30 000.\n\t(7)\tA person does not however commit an offence against this section by publishing—\n\t(a)\tany information the disclosure of which has been authorised under subsection (3)(a); or\n\t(b)\ta report of anything said in any proceedings to which parliamentary privilege applies.\n29B—Annual report and other public reports\n\t(1)\tThe Ombudsman must, before 30 September in each year, prepare a report on the work of the Ombudsman's office during the preceding financial year.\n\t(2)\tThe Ombudsman may, at any time, prepare a report setting out—\n\t(a)\trecommendations, formulated in the course of the performance of the Ombudsman's functions, for the amendment or repeal of a law; or\n\t(b)\tfindings or recommendations resulting from completed investigations by the Ombudsman; or\n\t(c)\tother matters arising in the course of the performance of the Ombudsman's functions that the Ombudsman considers to be in the public interest to disclose.\n\t(3)\tThe Ombudsman must not prepare a report under this section setting out findings or recommendations resulting from a completed investigation that identifies any person involved in the particular matter or matters the subject of the investigation unless—\n\t(a)\tthe person consents; or\n\t(b)\tthe Ombudsman is satisfied (after complying with subsection (4)) that the public interest in identifying the person outweighs any potential damage to the person's reputation or other damage to the person.\n\t(4)\tIf the Ombudsman proposes to identify any person in a report, the Ombudsman must, using whatever procedure the Ombudsman may determine, be satisfied that the person has been consulted in relation to that proposal, is aware of the context in which they are to be identified in the report and has had an opportunity to make representations to the Ombudsman in relation to the proposal.\n\t(5)\tA copy of a report under this section must be provided—\n\t(a)\tin the case of a report of a kind referred to in subsection (2)(b)—to the principal officer of any agency to which this Act applies that is the subject of a finding or recommendation and to the responsible Minister for the agency; and\n\t(b)\tin any case—to the Attorney‑General, the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(6)\tThe President of the Legislative Council and the Speaker of the House of Assembly must lay a report received under this section before their respective Houses—\n\t(a)\tin the case of an annual report under subsection (1)—on the first sitting day after receiving the report; or\n\t(b)\tin the case of any other report—on the first sitting day after 28 days (or such shorter number of days as the Attorney‑General approves) have passed after receiving the report.\n29C—Legal assistance\n\t(1)\tDespite any other Act or law but subject to subsection (2), the Attorney‑General must determine a claim for a relevant payment in respect of legal expenses incurred after the commencement of this section in accordance with the policy set out in Schedule 1.\n\t(2)\tThis section does not prevent the Attorney‑General making any payment to a person in excess of the amount that would be payable in accordance with the policy set out in Schedule 1 or in circumstances other than those referred to in that Schedule.\n\t(3)\tIn this section—\nrelevant payment means a payment as reimbursement of costs associated with the engagement of an independent legal practitioner by a public officer who has been the subject of, or required to participate in, an investigation under this Act involving allegations of misconduct or maladministration in public administration.\n30—Immunity from liability\n\t(1)\tNo liability attaches to the Ombudsman or any member of the Ombudsman's staff for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act.\n\t(2)\tExcept for the purposes of an application under section 28, neither the Ombudsman nor any member of the Ombudsman's staff can be called to give evidence before any court in any judicial proceedings, on a matter coming to his or her notice in the course of exercising powers or functions under this or any other Act.\n\t(3)\tIn this section—\nmember of the Ombudsman's staff includes any person to whom powers or functions have been delegated under this Act.\n31—Use of evidence or information\n\t(1)\tSubject to this Act (but despite any other Act or law) evidence or information obtained (whether before or after the commencement of this section) by the lawful exercise of powers in relation to a matter—\n\t(a)\tmay be used for the purposes of any other investigation under this Act; and\n\t(b)\tmay be provided to, and may be received and used by—\n\t(i)\tlaw enforcement agencies and prosecution authorities for the purposes of any criminal investigation or proceedings or proceedings for the imposition of a penalty; and\n\t(ii)\tagencies to which this Act applies for the purposes of any disciplinary investigation or action,\nwhether the investigation, proceedings or action relate to, or arise from, the same matter or a different matter; and\n\t(c)\tis not inadmissible in proceedings before a court merely because the evidence or information was not obtained for the purposes of those proceedings.\n\t(2)\tFor the purposes of subsection (1), evidence or information will be taken to be obtained by a lawful exercise of powers in relation to a matter notwithstanding a jurisdictional error in the exercise of those powers.\n\t(3)\tNo civil or criminal liability lies against a person in respect of any use of evidence or information permitted by this section.\n31A—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make a complaint or report under this Act or has provided, or intends to provide, information or other assistance to the Ombudsman in connection with an investigation under this Act commits an act of victimisation.\n\t(2)\tCausing detriment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n\t(3)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(4)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(7)\tProceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\n\t(8)\tIn this section—\ndetriment includes—\n\t(a)\tloss or damage (including damage to reputation); or\n\t(b)\tinjury or harm (including psychological harm); or\n\t(c)\tintimidation or harassment; or\n\t(d)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(e)\tthreats of reprisal.\n\t(9)\tFor the purposes of this section, a threat of reprisal may be—\n\t(a)\texpress or implied; or\n\t(b)\tconditional or unconditional,\nand in any proceedings dealing with an act of victimisation (including proceedings for an offence against subsection (6)) it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n32—Use of word \"Ombudsman\" by agencies to which Act applies in describing internal reviews prohibited\nAn agency to which this Act applies must not use the word \"Ombudsman\" in describing a process or procedure by which the agency investigates and resolves complaints against the agency, or in describing a person responsible for carrying out such a process or procedure.\n33—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nSchedule 1—Reimbursement of Legal Fees Policy\n1—Interpretation\nIn this Policy, unless the contrary intention appears—\nGovernment Board appointee means a member of a full‑time or part‑time board, committee, tribunal, trust, commission, council, authority, panel, taskforce, forum, working party or group—\n\t(a)\testablished by or under an Act of Parliament of South Australia (excluding the Local Government Act 1999) and having a majority of members appointed by either a Minister or the Governor; or\n\t(b)\testablished by a Minister or legal instrument such as a constitution or charter, having a majority of members appointed by either a Minister or the Governor,\nand includes a former Government Board appointee where the investigation or proceeding concerns conduct that occurred at a time when that person was a Government Board appointee;\nGovernment employee means—\n\t(a)\ta public sector employee as defined by the Public Sector Act 2009; or\n\t(b)\ta person who is appointed to any office under an Act; or\n\t(c)\ta volunteer within the meaning of the Volunteers Protection Act 2001 where the work carried out by the volunteer is directed or coordinated by a public authority,\nand includes a former Government employee where the investigation or proceeding concerns conduct that occurred at a time when that person was a Government employee;\nMember of Parliament or Member includes a former Member where the investigation or proceeding concerns conduct that occurred at a time when that person was a Member of Parliament;\nMinister includes a former Minister where the investigation or proceeding concerns conduct that occurred at a time when that person was a Minister;\nrelevant investigation means an investigation under this Act involving allegations of misconduct or maladministration in public administration and includes any criminal proceedings instituted as a result of such an investigation.\n2—Who can claim for reimbursement\n\t(1)\tA Government employee, Government Board appointee, Minister or Member of Parliament is to be reimbursed for costs they have incurred associated with their engagement of an independent legal practitioner where—\n\t(a)\tthe Government employee, Government Board appointee, Minister or Member of Parliament has been the subject of, or required to participate in, a relevant investigation; and\n\t(b)\tthe additional criteria for reimbursement set out in clause 3 are satisfied.\n\t(2)\tA Government employee's union or professional association that has paid legal costs on behalf of the Government employee in respect of their participation in a relevant investigation may seek reimbursement in accordance with this Policy subject to the same restrictions and conditions as if the Government employee had made the claim.\n3—Additional criteria for reimbursement\nThe additional criteria for reimbursement are—\n\t(a)\t—\n\t(i)\tin the case of a Government employee or Government Board appointee—no material adverse finding has been made against the Government employee or Government Board appointee as a result of the relevant investigation; or\n\t(ii)\tin the case of a Minister or Member of Parliament—the Minister or Member of Parliament has not been convicted of an offence as a result of the relevant investigation; and\n\t(b)\tthe Crown Solicitor (or some other person authorised by the Crown Solicitor) has, in writing—\n\t(i)\tadvised the Government employee, Government Board appointee, Minister or Member of Parliament that they will not be represented by the Crown Solicitor for the purposes of responding to or participating in the relevant investigation (or the Crown Solicitor considers that it was appropriate in all the circumstances for the Government employee, Government Board appointee, Minister or Member of Parliament not to approach the Crown Solicitor before obtaining legal representation); and\n\t(ii)\tagreed that the legal representation of the Government employee, Government Board appointee, Minister or Member of Parliament for the purposes of responding to or participating in the proceedings or investigation is or was reasonably required; and\n\t(c)\tthe Crown Solicitor (or some other person authorised by the Crown Solicitor) has, in writing, certified that the costs to be reimbursed are reasonable; and\n\t(d)\tthe Government employee, Government Board appointee, Minister or Member of Parliament is not indemnified in relation to those costs (including by the State of South Australia (through SAICorp or another agency), or under a policy of insurance) and is not entitled to assistance pursuant to the Department of Health Professional Indemnity (Medical Malpractice) Program; and\n\t(e)\tthe Government employee, Government Board appointee, Minister or Member of Parliament has assigned to the Crown in the right of the State of South Australia any right to recover the costs to be reimbursed from any other party.\n4—Reasonable costs\n\t(1)\tThe Crown Solicitor (or some other person authorised by the Crown Solicitor) will only certify that costs to be reimbursed are reasonable where satisfied that—\n\t(a)\tthe costs claimed have been reasonably incurred in order to allow the Government employee, Government Board appointee, Minister or Member of Parliament to appropriately respond to or participate in the relevant investigation; and\n\t(b)\tthe costs claimed have been calculated consistently with the applicable Crown Solicitor's rates for private solicitor fees as published on the Attorney‑General's Department website from time to time; and\n\t(c)\tin the case of costs associated with the briefing of Senior Counsel or Queen's Counsel, and including where costs associated with the briefing of junior counsel in the same matter are also sought, the exceptional circumstances of the matter justify such expenditure; and\n\t(d)\tin the case of costs associated with any review or appeal proceedings arising out of the relevant investigation instigated or joined by the Government employee, Government Board appointee, Minister or Member of Parliament, the exceptional circumstances of the matter justify such expenditure; and\n\t(e)\tany costs or expenses recovered by the Government employee, Government Board appointee, Minister or Member of Parliament from other sources have been appropriately deducted from the costs claimed; and\n\t(f)\tthe Government employee, Government Board appointee, Minister or Member of Parliament has provided all information reasonably requested to allow the costs claimed to be assessed in accordance with this Policy.\n\t(2)\tThe amount to be reimbursed under this Policy shall include GST on the legal costs to be reimbursed if the Government employee, Government Board appointee, Minister or Member of Parliament or, in the case of a Government employee, their union or professional association, is not able to recover the GST as an input tax credit.\n5—Procedure for reimbursement\n\t(1)\tIn the event that it is necessary for the Ombudsman to authorise the provision of information to another person for the purposes of this Policy, the Government employee, Government Board appointee, Minister or Member of Parliament will seek that authorisation as appropriate.\n\t(2)\tA Government employee, Government Board appointee, Minister or Member of Parliament seeking reimbursement of legal fees in accordance with this Policy must—\n\t(a)\tobtain as soon as practicable the necessary written agreement from the Crown Solicitor as required by clause 3(b); and\n\t(b)\tawait the finalisation of the relevant investigation (unless seeking an interim payment in accordance with this Policy); and\n\t(c)\tsubmit a written claim for certification of the reasonableness of the costs for reimbursement to the Crown Solicitor, including—\n\t(i)\tan assignment of rights (as contemplated by clause 3(e)) in a form approved by the Crown Solicitor; and\n\t(ii)\tall relevant information in support of the eligibility of the claim pursuant to this Policy, including any additional information reasonably requested by the Crown Solicitor.\n\t(3)\tIf the costs claimed (or part thereof) are certified as reasonable, the Crown Solicitor will forward the claim to the Attorney‑General (or their nominee) for finalisation of the claim.\n6—Interim payments\n\t(1)\tPrior to the finalisation of a relevant investigation, a Government employee, Government Board appointee, Minister or Member of Parliament may be reimbursed on an interim basis for costs they have incurred associated with their engagement of an independent legal practitioner, where—\n\t(a)\tthe Government employee, Government Board appointee, Minister or Member of Parliament enters into a legally enforceable agreement with appropriate security for repayment of any reimbursement in the event that—\n\t(i)\tin the case of a Government employee or Government Board appointee—a material adverse finding is later made against the Government employee or Government Board appointee as a result of the relevant investigation; or\n\t(ii)\tin the case of a Minister or Member of Parliament—the Minister or Member of Parliament is later convicted of an offence as a result of the relevant investigation; and\n\t(b)\tthe criteria for reimbursement set out in this Policy are otherwise satisfied.\n\t(2)\tA Government employee, Government Board appointee, Minister or Member of Parliament seeking an interim payment of legal fees must do so in accordance with the procedure for reimbursement set out in this Policy.\n\t(3)\tA refusal by the Attorney‑General (or their nominee) to approve an interim payment does not prevent a Government employee, Government Board appointee, Minister or Member of Parliament from seeking reimbursement in accordance with this Policy following the finalisation of the relevant investigation.\n\t(4)\tIf the Crown Solicitor certifies that costs in excess of $100 000 are likely to be incurred by a Government employee, Government Board appointee, Minister or Member of Parliament in respect of a relevant investigation, the Attorney-General must not refuse to approve interim payments on the making of an application in accordance with the requirements of this clause.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1972\n115\nOmbudsman Act 1972\n23.11.1972\n14.12.1972 (Gazette 14.12.1972 p2629)\n1974\n14\nOmbudsman Act Amendment Act 1974\n4.4.1974\n4.4.1974\n1984\n5\nOmbudsman Act Amendment Act 1984\n19.4.1984\n19.4.1984\n1985\n24\nOmbudsman Act Amendment Act 1985\n28.3.1985\n1.9.1985 (Gazette 29.8.1985 p604): s 2\n1985\n59\nStatutes Amendment (Remuneration) Act 1985\n30.5.1985\n13.6.1985 (Gazette 13.6.1985 p2132)\n1986\n103\nOmbudsman Act Amendment Act 1986\n18.12.1986\n10.3.1987 (Gazette 5.2.1987 p248)\n1988\n56\nOmbudsman Act Amendment Act 1988\n8.9.1988\n8.9.1988\n1990\n18\nStatutes Repeal and Amendment (Remuneration) Act 1990\n19.4.1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n1996\n52\nOmbudsman (Miscellaneous) Amendment Act 1996\n1.8.1996\n4.11.1996 (Gazette 24.10.1996 p1416)\n1997\n22\nElectoral (Miscellaneous) Amendment Act 1997\n27.3.1997\n28.8.1997 (Gazette 28.8.1997 p456)\n1999\n88\nStatutes Amendment (Universities) Act 1999\n2.12.1999\nPt 3 (s 5)—23.12.1999 (Gazette 23.12.1999 p3670)\n2000\n49\nStatutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000\n20.7.2000\nPt 4 (ss 18—22)—29.9.2000 (Gazette 28.9.2000 p2221)\n2002\n36\nOmbudsman (Honesty and Accountability in Government) Amendment Act 2002\n28.11.2002\n1.7.2004 (Gazette 1.7.2004 p2399)\n2006\n15\nDevelopment (Panels) Amendment Act 2006\n29.6.2006\nSch 1 (cl 2)—23.11.2006 (Gazette 23.11.2006 p4078)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 102 (ss 248 & 249)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n52\nIndependent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cll 48—55)—1.9.2013 (Gazette 23.5.2013 p2006)\n2015\n34\nJudicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cl 16)—5.12.2016 (Gazette 29.11.2016 p4525)\n2016\n48\nChildren and Young People (Oversight and Advocacy Bodies) Act 2016\n27.10.2016\nSch 1 (cll 9—11)—18.12.2017 (Gazette 5.12.2017 p4840)\n2016\n54\nIndependent Commissioner Against Corruption (Miscellaneous) Amendment Act 2016\n24.11.2016\nSch 1 (cl 3)—16.12.2016 (Gazette 15.12.2016 p4988)\n2017\n5\nStatutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 22 (s 66)—1.7.2019 (Gazette 27.6.2019 p2322)\n2021\n35\nChildren and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021\n30.9.2021\nSch 1 (cll 4 to 6)—21.10.2021 (Gazette 21.10.2021 p3788)—(amendments to ss 15(3b) and 16(3) purportedly made by Sch 1 Pt 4 are of no effect because of amendments made by 38/2021 that came into operation on 7.10.2021)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 26 to 42, 70, 71, 73 & 76)—7.10.2021: s 2; Sch 1 (cl 40) insofar as it substitutes s 29 came into operation on 5.12.2022 being the day on which s 59 of 38/2021 commenced: Sch 1 (cl 73)\n2023\n4\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 14 (s 30)—22.6.2023 (Gazette 15.6.2023 p1774)\n2023\n31\nStatutes Amendment (Ombudsman and Auditor-General) Act 2023\n2.11.2023\nPt 2 (s 2) & Sch 1 (cl 1(1))—2.11.2023\n2024\n52\nIndependent Commission Against Corruption (Miscellaneous) Amendment Act 2024\n21.11.2024\nSch 1 (cll 1 & 5)—21.11.2024: s 2(1)\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 32 & 33)—uncommenced\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 710.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 10 March 1987. A Schedule of these alterations was laid before Parliament on 31 March 1987.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 36/2002 s 3\n1.7.2004\n\namended by 38/2021 Sch 1 cl 26\n7.10.2021\nPt 1\n\n\ns 2\ndeleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted\n\ns 3\n\n\ns 3(1)\n\n\nadministrative act\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 49/2000 s 18(a)\n29.9.2000\n\nsubstituted by 36/2002 s 4(a)\n1.7.2004\n\namended by 52/2012 Sch 3 cl 48(1)\n1.9.2013\nadministrative unit\ninserted by 36/2002 s 4(a)\n1.7.2004\n\namended by 84/2009 s 248\n1.2.2010\nact\ninserted by 103/1986 s 4 (Sch)\n10.3.1987\nagency to which this Act applies\ninserted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 52/1996 s 3(a)\n4.11.1996\n\nsubstituted by 36/2002 s 4(a)\n1.7.2004\n\namended by 15/2006 Sch 1 cl 2\n23.11.2006\n\namended by 52/2012 Sch 3 cl 48(2), (3)\n1.9.2013\n\namended by 5/2017 s 66\n1.7.2019\n\namended by 38/2021 Sch 1 cl 27(1)\n7.10.2021\nauthority\nsubstituted by 103/1986 s 3\n10.3.1987\n\namended by 52/1996 s 3(b)\n4.11.1996\n\namended by 88/1999 s 5\n23.12.1989\n\namended by 49/2000 s 18(b)\n29.9.2000\n\ndeleted by 36/2002 s 4(a)\n1.7.2004\nCommittee\ninserted by 52/1996 s 3(c)\n4.11.1996\n\ndeleted by 22/1997 Sch 3 cl 2(a)\n28.8.1997\ncomplainant\namended by 38/2021 Sch 1 cl 27(2)\n7.10.2021\ncomplaint\nsubstituted by 38/2021 Sch 1 cl 27(3)\n7.10.2021\ncouncil\nsubstituted by 36/2002 s 4(b)\n1.7.2004\ndepartment\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\ndeleted by 36/2002 s 4(b)\n1.7.2002\ninquiry agency\ninserted by 38/2021 Sch 1 cl 27(4)\n7.10.2021\ninvestigation\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 27(5)\n7.10.2021\nmaladministration in public administration\ninserted by 38/2021 Sch 1 cl 27(6)\n7.10.2021\nmisconduct in public administration\ninserted by 38/2021 Sch 1 cl 27(6)\n7.10.2021\nofficer of the Ombudsman\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\nOPI\ninserted by 38/2021 Sch 1 cl 27(7)\n7.10.2021\nprincipal officer\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 52/1996 s 3(d), (e)\n4.11.1996\n\nsubstituted by 36/2002 s 4(c)\n1.7.2004\nproclaimed council\ndeleted by 52/1996 s 3(f)\n4.11.1996\npublic administration\ninserted by 38/2021 Sch 1 cl 27(8)\n7.10.2021\npublic authority\ninserted by 38/2021 Sch 1 cl 27(8)\n7.10.2021\npublic officer\ninserted by 38/2021 Sch 1 cl 27(8)\n7.10.2021\nreport\ninserted by 38/2021 Sch 1 cl 27(8)\n7.10.2021\nresponsible Minister\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 52/1996 s 3(g)\n4.11.1996\n\nsubstituted by 36/2002 s 4(c)\n1.7.2004\nStatutory Officers Committee\ninserted by 36/2002 s 4(c)\n1.7.2004\nOmbudsman\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 3(2)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\nsubstituted by 49/2000 s 18(c)\n29.9.2000\ns 3(3)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\n(d) deleted by 52/1996 s 3(h)\n4.11.1996\n\nsubstituted by 36/2002 s 4(d)\n1.7. 2004\ns 3(4) and (5)\ninserted by 36/2002 s 4(d)\n1.7.2004\nss 4 and 4A\ndeleted by 103/1986 s 4 (Sch)\n10.3.1987\n\ninserted by 38/2021 Sch 1 cl 28\n7.10.2021\ns 5\n\n\ns 5(2)\nsubstituted by 24/1985 s 3\n1.9.1985\n\namended by 4/2023 s 30\n22.6.2023\ns 5(3)\ninserted by 34/2015 Sch 1 cl 16\n5.12.2016\nPt 2\n\n\ns 5A\ninserted by 38/2021 Sch 1 cl 29\n7.10.2021\ns 6\n\n\ns 6(1)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 52/1996 s 4(a)\n4.11.1996\n\nsubstituted by 22/1997 Sch 3 cl 2(b)\n28.8.1997\ns 6(1a)\ninserted by 52/1996 s 4(b)\n4.11.1996\n\nsubstituted by 22/1997 Sch 3 cl 2(b)\n28.8.1997\n\namended by 36/2002 s 5\n1.7.2004\ns 6(2)\nsubstituted by 59/1985 s 13\n13.6.1985\n\namended by 18/1990 s 17(a)\n19.4.1990\ns 6(2a)\ninserted by 59/1985 s 13\n13.6.1985\n\ndeleted by 18/1990 s 17(b)\n19.4.1990\ns 6(3)\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 7\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 8\n\n\ns 8(1)\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 8(1a)\ninserted by 52/1996 s 5\n4.11.1996\ns 8(3)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 9\n\n\ns 9(1)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 49/2000 s 19\n29.9.2000\ns 10\n\n\ns 10(1)\namended by 31/2023 s 2(1)\n2.11.2023\ns 10(1a)\ninserted by 31/2023 s 2(2)\n2.11.2023\ns 10(3)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 10(4)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 31/2023 s 2(3)\n2.11.2023\ns 11\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 12\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 12(2)\namended by 52/1996 s 6\n4.11.1996\n\namended by 84/2009 s 249\n1.2.2009\ns 12(2a)\ninserted by 52/2012 Sch 3 cl 49\n1.9.2013\nPt 2A\ninserted by 38/2021 Sch 1 cl 30\n7.10.2021\nPt 3\n\n\ns 13\n\n\ns 13(1)\namended by 38/2021 Sch 1 cl 31(1)\n7.10.2021\ns 13(2)\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\nsubstituted by 38/2021 Sch 1 cl 31(2)\n7.10.2021\ns 13(2a)\ninserted by 38/2021 Sch 1 cl 31(2)\n7.10.2021\ns 13(3)\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 31(3)\n7.10.2021\ns 13(3a)\ninserted by 52/2012 Sch 3 cl 50\n1.9.2013\ns 13(3b)\ninserted by 48/2016 Sch 1 cl 9(1)\n18.12.2017\ns 13(3c)\ninserted by 48/2016 Sch 1 cl 9(1)\n18.12.2017\n\namended by 35/2021 Sch 1 cl 4\n21.10.2021\ns 13(3d) and (3e)\ninserted by 48/2016 Sch 1 cl 9(1)\n18.12.2017\ns 13(4)\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 13(5) and (6)\ninserted by 48/2016 Sch 1 cl 9(2)\n18.12.2017\ns 14\ndeleted by 103/1986 s 4 (Sch)\n10.3.1987\n\ninserted by 52/1996 s 7\n4.11.1996\ns 14A\ninserted by 36/2002 s 6\n1.7.2004\ns 14B\ninserted by 54/2016 Sch 1 cl 3\n16.12.2016\n\ndeleted by 38/2021 Sch 1 cl 32\n7.10.2021\ns 15 before deletion by 38/2021\n\n\ns 15(1)\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 15(2)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 15(3a)\ninserted by 103/1986 s 4 (Sch)\n10.3.1987\ns 15(3b)\ninserted by 48/2016 Sch 1 cl 10\n18.12.2017\n\namendment to s 15(3b) purportedly made by Sch 1 cl 5 of 35/2021 is of no effect because that section was repealed before the amendments came into operation\n\ns 15(4)\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 56/1988 s 2\n8.9.1988\ns 15\ndeleted by 38/2021 Sch 1 cl 32\n7.10.2021\ns 15A\ninserted by 56/1988 s 3\n8.9.1988\n\ndeleted by 38/2021 Sch 1 cl 32\n7.10.2021\ns 16 before deletion by 38/2021\n\n\ns 16(3)\ninserted by 48/2016 Sch 1 cl 11\n18.12.2017\n\namendment to s 16(3) purportedly made by Sch 1 cl 6 of 35/2021 is of no effect because that section was repealed before the amendments came into operation\n\ns 16\ndeleted by 38/2021 Sch 1 cl 32\n7.10.2021\ns 17 before deletion by 38/2021\n\n\ns 17(1) and (3)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 17\ndeleted by 38/2021 Sch 1 cl 32\n7.10.2021\ns 17A\ninserted by 52/1996 s 8\n4.11.1996\ns 18\n\n\ns 18(1)\nsubstituted by 5/1984 s 2\n19.4.1984\n\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\ndeleted by 38/2021 Sch 1 cl 33(1)\n7.10.2021\ns 18(1a)\ninserted by 5/1984 s 2\n19.4.1984\n\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 33(2)\n7.10.2021\ns 18(3)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 18(4)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 33(3)\n7.10.2021\ns 18(5)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 33(4)\n7.10.2021\ns 18(6)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 19\namended by 103/1986 s 4 (Sch)\n10.3.1987\ns 19A\ninserted by 52/1996 s 9\n4.11.1996\ns 19A(1)—(3)\nsubstituted by 52/2012 Sch 3 cl 51(1)\n1.9.2013\ns 19A(4)\ndeleted by 52/2012 Sch 3 cl 51(1)\n1.9.2013\ns 19A(7)\ndeleted by 52/2012 Sch 3 cl 51(2)\n1.9.2013\ns 19A(8)\ninserted by 49/2000 s 20\n29.9.2000\ns 20\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 52/2012 Sch 3 cl 52\n1.9.2013\ns 20A\ninserted by 38/2021 Sch 1 cl 34\n7.10.2021\ns 22 before deletion by 52/2012\n\n\ns 22(2)\namended by 56/1988 s 4\n8.9.1988\ns 22\ndeleted by 52/2012 Sch 3 cl 53\n1.9.2013\ns 23\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 24\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 56/1988 s 5\n8.9.1988\ns 25\n\n\ns 25(1)\ndeleted by 38/2021 Sch 1 cl 35(1)\n7.10.2021\ns 25(1a)\ninserted by 52/1996 s 10\n4.11.1996\ns 25(2)\namended by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 35(2)—(5)\n7.10.2021\ns 25(3)\namended by 49/2000 s 21\n29.9.2000\ns 25(4)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 35(6)\n7.10.2021\ns 25(5)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 25(6)\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 26\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\nsubstituted by 52/2012 Sch 3 cl 54\n1.9.2013\n\nsubstituted by 38/2021 Sch 1 cl 36\n7.10.2021\ns 27\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 27(1)\namended by 38/2021 Sch 1 cl 37\n7.10.2021\ns 27(2)\namended by 38/2021 Sch 1 cl 37\n7.10.2021\ns 28\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\namended by 38/2021 Sch 1 cl 38\n7.10.2021\ns 28A\ninserted by 38/2021 Sch 1 cl 39\n7.10.2021\ns 29\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\n\nsubstituted by 38/2021 Sch 1 cl 40\n5.12.2022\nss 29A—29C\ninserted by 38/2021 Sch 1 cl 40\n7.10.2021\ns 30\nsubstituted by 103/1986 s 4 (Sch)\n10.3.1987\ns 30(1)\namended by 49/2000 s 22(a)\n29.9.2000\ns 30(2)\namended by 49/2000 s 22(b)\n29.9.2000\ns 30(3)\ninserted by 52/1996 s 11\n4.11.1996\ns 31\nsubstituted by 36/2002 s 7\n1.7.2004\n\ndeleted by 52/2012 Sch 3 cl 55\n1.9.2013\n\ninserted by 38/2021 Sch 1 cl 41\n7.10.2021\ns 31A\ninserted by 38/2021 Sch 1 cl 41\n7.10.2021\nss 32 and 33\ninserted by 36/2002 s 7\n1.7.2004\nSch\ninserted by 52/1996 s 12 (Sch)\n4.11.1996\n\ndeleted by 22/1997 Sch 3 cl 2(c)\n28.8.1997\nSch 1\ninserted by 38/2021 Sch 1 cl 42\n7.10.2021\ncl 1\n\n\nMember of Parliament or Member\nsubstituted by 52/2024 Sch 1 cl 1(1)\n21.11.2024\nMinister\ninserted by 52/2024 Sch 1 cl 1(1)\n21.11.2024\nrelevant investigation\namended by 52/2024 Sch 1 cl 1(2)\n21.11.2024\ncl 3\namended by 52/2024 Sch 1 cl 1(3)\n21.11.2024\ncl 6\n\n\ncl 6(1)\namended by 52/2024 Sch 1 cl 1(4)\n21.11.2024\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21—Savings and transitional provisions\n70—Investigations etc to continue\n\t(1)\tSubject to this clause, the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continues to apply in relation to any complaint or report made under that Act on or before 25 August 2021, or any investigation commenced under that Act before 25 August 2021.\n\t(2)\tThe following provisions of the Independent Commission Against Corruption Act 2012 as amended by this Act apply in relation to a matter referred to in subclause (1):\n\t(a)\tsection 6;\n\t(b)\tsection 59A and Schedule 5 (but only in respect of legal expenses incurred after commencement of section 59A and, in relation to a matter involving suspected misconduct or maladministration in public administration, as if Schedule 1 of the Ombudsman Act 1972, as inserted by this Act and with any necessary modifications, applied instead of Schedule 5).\n\t(3)\tIf a matter that continues to be dealt with under the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act in accordance with subclause (1) is not completed within 12 months after the commencement of this clause, the matter must be discontinued (but nothing prevents the matter being the subject of a further complaint or report under the Independent Commission Against Corruption Act 2012, or the Ombudsman Act 1972, as amended by this Act).\n71—Complaints and reporting system\n\t(1)\tThe complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act continue as the complaints system under section 18A and the reporting system under section 18B (respectively) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).\n\t(2)\tSection 18A(3) of the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.\n\t(3)\tThe complaints system established under section 19, and the reporting system established under section 20, of the Independent Commissioner Against Corruption Act 2012 as in force before the commencement of this Act may be adopted, on the commencement of this Act, by the Ombudsman as the complaints system under section 12A and the reporting system under section 12D (respectively) of the Ombudsman Act 1972 as in force after the commencement of this Act until new systems can be established under those sections (subject to any modifications that are necessary or are prescribed by the regulations).\n\t(4)\tSection 12A(3) of the Ombudsman Act 1972 as in force after the commencement of this Act does not apply for the period of 3 months after the commencement of this Act.\n73—Inspector under Ombudsman Act 1972\nThe operation of section 29 of the Ombudsman Act 1972 (as inserted by this Act) is suspended until the day on which section 59 of this Act comes into operation.\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nStatutes Amendment (Ombudsman and Auditor-General) Act 2023, Sch 1\n1—Transitional provisions\n\t(1)\tThe amendments to the Ombudsman Act 1972 effected by Part 2 of this Act do not apply to the person holding office as Ombudsman on the commencement of this Act.\nIndependent Commission Against Corruption (Miscellaneous) Amendment Act 2024, Sch 1 cl 5—Transitional provision\n5—Application of amendment to Schedule 1 of Ombudsman Act 1972\nSchedule 1 clauses 3(a) and 6(1)(a) of the Ombudsman Act 1972 as in force after the commencement of clause 1 of this Schedule only apply in relation to a claim for reimbursement of costs if the costs were incurred after the commencement of that clause.\nHistorical versions\nReprint—10.3.1987\n\nReprint No 1—19.4.1990\n\nReprint No 2—4.11.1996\n\nReprint No 3—28.8.1997\n\nReprint No 4—23.12.1999\n\nReprint No 5—29.9.2000\n\n1.7.2004\n\n23.11.2006\n\n1.2.2010\n\n1.9.2013\n\n5.12.2016\n\n16.12.2016\n\n18.12.2017\n\n1.7.2019\n\n7.10.2021\n\n21.10.2021\n\n5.12.2022\n\n22.6.2023\n\n2.11.2023\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original legislative intent as the text of the Act was not retrievable. The page returned a website error rather than legislative content. No meaningful comparison between original and current scope can be made from the material provided."},"complexity_factors":["No legislative text was actually provided — the source returned a 404 page-not-found error","Analysis is based on general knowledge only, not the current text of the Act","The Act itself (in general terms) is moderately accessible, dealing with a well-understood concept — government accountability through independent oversight","Complexity is artificially low here because no actual statutory provisions, schedules, or cross-references could be assessed"],"plain_english_summary":"**What happened here?**\n\nThe link or document provided did not successfully load the actual text of the **Ombudsman Act 1972 (SA)**. Instead, it returned a **'Page Not Found' error** from the South Australian legislation website, meaning the full content of the Act was not available for analysis.\n\n**What we do know about the Ombudsman Act 1972 (SA) generally:**\n\nThis is a significant South Australian law that:\n- **Established the SA Ombudsman** — an independent officer who investigates complaints from members of the public about South Australian government agencies, departments, and certain public authorities\n- **Gives ordinary people a free avenue** to complain if they believe a government body has treated them unfairly, made a wrong decision, or acted improperly\n- **Gives the Ombudsman powers** to investigate, require documents, and make recommendations (though not binding orders) to fix problems\n- **Applies to most SA public sector bodies** — but generally not courts, Parliament, or certain Crown entities\n\n**Who does it affect?** Anyone who has dealt with an SA government agency and feels they've been treated unfairly — this law is your mechanism for seeking an independent review.\n\n> ⚠️ **Note:** Because the actual legislative text could not be retrieved (page not found error), this summary is based on general knowledge of the Act and **cannot reflect any recent amendments or current provisions**. For the current version, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as consolidated now has a broader and more detailed scope than the original 1972 text. Key scope changes in the source include the formal definitions of 'misconduct' and 'maladministration' (s4), the creation of a dedicated complaints and reporting Part (Pt 2A: s12A–12H) and a legal assistance/reimbursement policy (s29C and Schedule 1). The Ombudsman’s functions were explicitly restated and expanded (s5A). The Act also now expressly grants Royal Commission‑style powers for investigations (s19), directions to agencies pending investigation (s19A), and a comprehensive confidentiality and evidence‑use framework (s29A, s31). The legislative history shows these additions and amendments were made by multiple amending Acts (for example, definitions and Pt 2A inserted by amendments noted in the legislative history such as 38/2021 and Schedule 1 insertions), indicating an expansion in procedural detail, definitional breadth and institutional interactions compared with the original enactment."},"complexity_factors":["Broad and technical definitions that determine who and what is covered (s3: \"agency to which this Act applies\", \"administrative act\", definitions added/adjusted over time).","Extensive cross‑references and interaction with other statutes and bodies (Independent Commissioner Against Corruption Act 2012, Health and Community Services Complaints Act 2004, Parliamentary committees) — see s12E, s13(2a), s13(3b) and legislative history.","Wide discretion vested in the Ombudsman to screen, assess, investigate, publish and direct agencies (s5A, s12A(3), s12H, s18(6), s19A, s26), requiring careful procedural interpretation and possible judicial resolution (s28).","Strong investigatory powers including those of a Royal Commission (s19) combined with limits where criminal proceedings exist (s13(2a)), creating sequencing and concurrency complexity.","Detailed confidentiality scheme with multiple authorised disclosure exceptions and significant penalties (s29A), including specific procedural authorisation routes (s29A(3)–(4)).","Legal assistance and reimbursement rules are multi‑step and conditional (s29C, Schedule 1 clauses 2–6), involving Crown Solicitor certification and Attorney‑General discretion.","Numerous offences, penalties and compliance obligations on different actors (s12F, s12G, s24, s12H(3), s31A) heighten practical enforcement complexity.","Operational and oversight layers (Inspector reviews under s29, parliamentary referral powers under s14) and transitional provisions reflected in the legislative history add implementation complexity."],"plain_english_summary":"What this law does, in simple terms\n\n- Establishes an independent Ombudsman and an office to receive, assess and investigate complaints and reports about the administration of government agencies and public officers (see s5A, s13). The Ombudsman can also review administrative practices, give guidance and make recommendations (s5A, s14A, s25).\n\nHow the system works mechanically\n\n- Office and appointment: The Governor appoints the Ombudsman on a recommendation from Parliament (s6). The Ombudsman serves a fixed term (initially 7 years; total service limited — see s10) and is not a Public Service employee (s10, s11). Staff may be Public Service employees assigned to the office or persons appointed under the Act (s12).\n\n- Complaints and reports: The Ombudsman must run a complaints system that allows people to complain in person for sensitive or complex matters and to screen out vexatious or bad‑faith complaints (s12A). Anyone may report suspected misconduct or maladministration (s12D); in most cases complaints must be made within 12 months of learning of the matter (s12C).\n\n- Assessment and investigation: On receipt the Ombudsman assesses whether the matter should be investigated, referred elsewhere, or dismissed as trivial or vexatious (s12H). The Ombudsman may investigate on complaint, report or on the Ombudsman’s own initiative (s13). Investigations are private (s18(2)). The Ombudsman has statutory powers equivalent to a Royal Commission for investigation purposes (s19).\n\n- Powers to direct or restrain administrative acts: The Ombudsman can issue written directions to an agency to refrain from doing an administrative act where necessary to protect the investigation or prevent serious hardship, subject to limits and exceptions (maximum 45 aggregate days, s19A). Where s19A does not apply, the Ombudsman may seek a court injunction from the Supreme Court to restrain conduct pending investigation (s20A).\n\n- Reporting, recommendations and follow up: After an investigation the Ombudsman may report findings and make recommendations to an agency and to Ministers (s25). The Ombudsman can require agencies to report back on steps taken (s25(4), s28A). The Ombudsman may publish investigation reports if it considers that to be in the public interest (s26, s29B).\n\n- Evidence, confidentiality and protections: The Ombudsman may require documents and written statements from agencies and officers during assessment and investigation (s12H(2)). Confidentiality restrictions apply to people involved in administering the Act, with significant penalties for unauthorised publication (s29A). Evidence lawfully obtained can be reused in other investigations, disciplinary proceedings or criminal prosecutions and is not automatically inadmissible because it was obtained under this Act (s31).\n\n- Offences and enforcement: The Act creates criminal offences and penalties for obstructing complaints or investigations (s12F, s24), making false or misleading statements in complaints or reports (s12G), breaching confidentiality (s29A), and victimisation of persons who complain or assist an investigation (s31A). Non‑compliance with Ombudsman statutory notices can attract penalties (s12H(3)).\n\n- Legal assistance and reimbursement: The Attorney‑General must determine claims for reimbursement of legal costs for public officers and certain officeholders who have been the subject of investigations (s29C). A detailed reimbursement policy in Schedule 1 sets eligibility rules and requires Crown Solicitor certification of reasonableness (Schedule 1 clauses 2–6).\n\nWho is affected and who pays\n\n- Affected parties: Agencies defined in s3 (broadly: offices established by Act, administrative units, councils, bodies established for public purpose, and those declared by regulation) and their public officers; complainants and reporters; Ministers; Parliamentary committees that may refer matters to the Ombudsman (s14); and oversight bodies (e.g. Inspector under s29).\n\n- Who decides: The Ombudsman exercises screening, investigation, direction and publication powers (s12H, s13, s19A, s26). The Attorney‑General (s29C) and the Crown Solicitor (Schedule 1) control legal assistance/reimbursement decisions. The Supreme Court decides injunctions and may resolve jurisdictional questions (s20A, s28).\n\n- Who pays: The State (General Revenue) funds the Ombudsman’s salary and office (s6(2)–(3)). The State may reimburse eligible legal costs under the Attorney‑General’s process and Schedule 1 (s29C, Schedule 1). Agencies and public officers bear operational and compliance costs (documents, responding to notices, internal changes to follow recommendations); complainants may face penalties for false statements (s12G).\n\nWhy it matters and how it changes behaviour (source‑grounded testing of the Act’s stated purpose)\n\n- The Act’s stated purpose is to provide an Ombudsman to investigate the exercise of administrative powers and allegations of misconduct or maladministration (long title; s5A). Mechanically, it centralises (a) intake and screening of complaints (Pt 2A — s12A–12H), (b) investigatory powers equivalent to a Royal Commission (s19), and (c) powers to direct agencies and publish findings (s19A, s25, s26).\n\n- Costs and incentives: Agencies must produce documents and information on demand (s12H(2)) and to respond to recommendations (s25(4)), which imposes administrative costs. The possibility of directions not to perform administrative acts (s19A) or of public reporting (s26, s29B) creates incentives for agencies to respond to Ombudsman recommendations, but enforcement ultimately relies on reporting to Ministers, Parliament and publicity (s25(5)–(6), s28A). The State bears fiscal costs for the Ombudsman’s office and may bear legal cost reimbursements when criteria in Schedule 1 are met (s6(3), s29C, Schedule 1).\n\n- Trade‑offs and risks: The Act gives the Ombudsman wide discretion to filter and prioritise complaints (s12A(3), s12H(1)) and broad investigatory powers (s19). That discretion reduces formal legal processes in some cases (the Ombudsman may decline matters where judicial or statutory remedies exist, s13(3)), but it also creates implementation risk around consistent decision‑making. The Act contains statutory limits where criminal processes are ongoing (s13(2a)) and protections for Cabinet confidentiality (s21).\n\n- Compliance burden and penalties: Public officers and agencies face specific legal duties (produce documents, answer notices — s12H(2); avoid obstructing complaints — s12F; maintain confidentiality — s29A) with prescribed penalties for non‑compliance (see s12H(3), s12F, s12G, s24, s29A). Making false or misleading statements in complaints or reports is penalised (s12G).\n\n- Oversight and checks: The Inspector (under s29) must review the Ombudsman’s operations annually and may refer matters to law enforcement or recommend remedies, creating an internal check on the Ombudsman (s29). The Supreme Court can resolve jurisdictional disputes (s28) and grant injunctions (s20A).\n\nConcentrated benefits and diffuse costs (mechanisms, not judgments)\n\n- Concentrated benefits: Individuals who successfully secure Ombudsman intervention may obtain remediation, explanation, or reversal of administrative acts; public officers may obtain legal cost reimbursement subject to Schedule 1 (s29C, Schedule 1).\n\n- Diffuse costs: Agencies collectively bear administrative and compliance costs from document production, responding to recommendations and potential public reporting. The State bears office operating costs and potential legal reimbursements (s6(3), s29C).\n\nKey statutory references (examples cited in the text above)\n\n- Office and functions: s5A, s6, s10, s11, s12\n- Complaints and reporting: Pt 2A (s12A–12H), s12D\n- Investigations and powers: s13, s19, s18, s19A, s20A\n- Reporting and recommendations: s25, s26, s29B, s28A\n- Confidentiality and publication limits: s29A\n- Evidence use and sharing: s31\n- Offences and penalties: s12F, s12G, s24, s29A, s31A\n- Legal assistance and reimbursement: s29C, Schedule 1\n\nSummary conclusion (neutral, procedural):\n\nThe Ombudsman Act 1972 creates a statutory office with broad investigatory and oversight powers over public administration, establishes a complaints and reporting system, grants powers to compel documents and to require agencies to report on follow‑up action, and sets out confidentiality rules, offences and a legal assistance policy. It vests substantial discretion in the Ombudsman to filter and investigate matters and provides mechanisms for follow‑up, publication and judicial support, while funding and some remedial costs are borne by the State under the arrangements in the Act (see s5A, s6(3), s19, s25, s29C, Schedule 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1972 purpose of investigating administrative acts. Major expansions include: (1) the 2021 amendments transferring misconduct and maladministration investigations from ICAC to the Ombudsman, fundamentally changing the Ombudsman's role from administrative review to integrity oversight; (2) the addition of child protection complaint handling with specific powers borrowed from the Health and Community Services Complaints Act; (3) detailed legal fee reimbursement scheme for public officers; (4) expanded educational and preventive functions; and (5) complex inter-agency referral systems with ICAC and other bodies. The Act has evolved from a simple complaint-handling mechanism to a comprehensive integrity and accountability framework."},"complexity_factors":["Extensive cross-referencing with other Acts (Independent Commission Against Corruption Act 2012, Health and Community Services Complaints Act 2004, Children and Young People (Oversight and Advocacy Bodies) Act 2016, etc.)","Multiple nested definitions in section 3 (e.g., 'administrative act' has 5 sub-paragraphs with multiple exclusions; 'agency to which this Act applies' has 5 categories plus exclusions)","Complex conditional logic for investigations (section 13 has multiple exceptions to exceptions, including the 'prescribed child protection complaint' override provisions)","Detailed procedural requirements for legal fee reimbursement in Schedule 1 with multiple eligibility criteria and certification steps","Overlapping jurisdiction provisions requiring coordination with ICAC, Police Complaints, and Judicial Conduct Commissioner","Transitional provisions and savings clauses from multiple amendment Acts (particularly the 2021 ICAC amendments) creating parallel application rules","Specific confidentiality offences with tiered penalties (natural persons vs bodies corporate) and detailed exceptions in section 29A","Victimisation provisions creating dual pathways (tort and Equal Opportunity Act) with specific procedural rules"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Ombudsman Act 1972**, which creates an independent watchdog called the **Ombudsman** to investigate complaints about how government agencies and public officials behave.\n\n**Who it affects:**\n\n*   **The public** — anyone who has been treated unfairly by a government agency (with some exceptions) can complain.\n*   **Government agencies** — this includes government departments, local councils, statutory authorities, and certain contractors doing government work.\n*   **Public officers** — government employees, board members, and even Ministers and Members of Parliament when acting in their official capacity.\n\n**What the Ombudsman can do:**\n\n*   **Receive and assess complaints** about \"administrative acts\" (government decisions or actions) and allegations of **misconduct** (serious breaches of conduct rules) or **maladministration** (mismanagement of public money or resources).\n*   **Investigate** these matters, either after receiving a complaint or on their own initiative.\n*   **Has strong powers** — similar to a Royal Commission — including entering premises, requiring documents, and compelling people to answer questions.\n*   **Make recommendations** to fix problems, change policies, or even suggest law changes.\n*   **Try conciliation** (mediation) to resolve disputes without a full investigation.\n*   **Issue directions** to stop agencies from taking actions that could harm investigations or cause serious hardship.\n\n**Key protections:**\n\n*   **Confidentiality** — strict rules prevent disclosure of information about complaints and investigations.\n*   **Protection from victimisation** — it's illegal to punish someone for making a complaint or helping an investigation.\n*   **Legal fee reimbursement** — public officers cleared of wrongdoing can have their legal costs paid (under a detailed policy in Schedule 1).\n*   **Immunity** — the Ombudsman and staff can't be sued for acting in good faith.\n\n**What it doesn't cover:**\n\n*   Courts and judicial decisions (the Ombudsman can't investigate judges acting as judges).\n*   Matters already being handled by the Independent Commission Against Corruption (ICAC) or the Police Complaints agency.\n*   Cabinet proceedings (government's highest decision-making body is protected).\n*   Some matters where there's already a right to appeal to a court or tribunal (though the Ombudsman can still investigate if it's in the public interest).\n\n**Why it matters:**\n\nThis Act is a crucial accountability mechanism. It gives ordinary people a free, independent avenue to challenge unfair government decisions and ensures public officials are held to account for misconduct or mismanagement. The 2021 amendments significantly expanded the Ombudsman's role to take over investigations of misconduct and maladministration previously handled by ICAC, creating a clearer separation between corruption investigations (ICAC) and administrative wrongdoing (Ombudsman)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-act-1972","history":"/api/acts/ombudsman-act-1972/history","analysis":"/api/acts/ombudsman-act-1972/analysis","conflicts":"/api/acts/ombudsman-act-1972/conflicts","importantCases":"/api/acts/ombudsman-act-1972/important-cases","documents":"/api/acts/ombudsman-act-1972/documents"}}