{"id":"a-alt-1989-45","name":"OMBUDSMAN ACT 1989","slug":"ombudsman-act-1989","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233556,"registerId":"act-ombudsman-act-1989-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Ombudsman Act 1989.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘child sex offenders register—see\nthe Crimes (Child Sex Offenders) Act 2005, section 117.’ means that the\nterm ‘child sex offenders register’ is defined in that section and the\ndefinition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"2B","sectionType":"section","heading":"Offence against Act—application of Criminal Code etc","content":"2B Offence against Act—application of Criminal Code etc\nOther legislation applies in relation to an offence against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to an offence against s 17P (Offence—\nfalse allegation) (see Code, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Entities not necessarily prescribed authorities","content":"3 Entities not necessarily prescribed authorities\n(1) For this Act, an unincorporated body established under an enactment\nfor the purpose of assisting, or exercising functions connected with, a\nprescribed authority is not taken to be a prescribed authority but\naction taken by the body, or by a person for the body, is taken to be\naction by the prescribed authority.\nExamples of bodies\nA board, council and committee\nNote Body includes any group of people joined together for a common purpose\n(see Legislation Act, dict, pt 1).\n(2) For this Act, a person is not taken to be a prescribed authority only\nbecause the person holds or performs the duties of a specified office,\nbut any action taken by or for the person is taken to have been taken\nby the agency or body concerned.\nNote Agency includes a prescribed authority (see dictionary).\n\nspecified office means—\n(a) an office the duties of which the person performs as employment\nduties as an officer of an agency; or\n(b) an office of a member of a body; or\n(c) an office established by an enactment for a prescribed authority;\nor\n(d) an office prescribed by regulation.\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Conduct by person taken as conduct by administrative","content":"3A Conduct by person taken as conduct by administrative\nunit\n(1) For this Act, an action taken by an officer of an administrative unit is\ntaken as an action by the unit if the officer takes, or purports to take,\nthe action—\n(a) because of being an officer of the unit, whether or not—\n(i) the action is taken in connection with, or as incidental to,\nthe exercise of the functions of the unit; or\n(ii) the taking of the action is within the duties of the officer;\nor\n(b) in the exercise of functions given to the officer by an enactment.\n(2) Despite subsection (1), if a regulation provides that a person holding,\nor performing the duties of, an office established by an enactment is\nnot a prescribed authority for this Act, a regulation may also provide\nthat action taken by an officer of an administrative unit for the duties\nof the office, must, for this Act, be taken not to be action taken by the\nadministrative unit.\n\nPreliminary Part 1\n(3) For this Act, an action taken by a person, who is not an officer of an\nagency, in the exercise of a function that the person is authorised to\nexercise because the person holds an appointment made, or because\nof authority given, by the Executive, a Minister or a director-general\nof an administrative unit is taken to be action by the administrative\nunit responsible for dealing with the matter in connection with which\nthe action is taken if the person does not exercise the function because\nthe person—\n(a) holds, or performs the duties of, an office established under an\nenactment; or\n(b) is a judge of a court created by the Commonwealth Parliament\nor of a court of a State; or\n(c) is a Commonwealth or State magistrate.\nNote State includes the Northern Territory (see Legislation Act, dict pt 1).\n(4) Despite subsection (3), if a person is authorised to exercise a function\nbecause the person holds an appointment made, or because of\nauthority given, by the Executive, a Minister or a director-general of\nan administrative unit otherwise than under an enactment, a\nregulation may provide that action taken by the person in the exercise\nof the function must not be taken to be taken, for this Act, by the\nadministrative unit responsible for dealing with the matter in\nconnection with which the action is taken.\n\n","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Conduct by person taken as conduct by prescribed","content":"3B Conduct by person taken as conduct by prescribed\nauthority\nFor this Act, an action taken by an officer of a prescribed authority is\ntaken as an action by the authority if the officer takes, or purports to\ntake, the action—\n(a) because of being an officer of the authority, whether or not—\n(i) the action is taken in connection with, or as incidental to,\nthe exercise of the functions of the authority; or\n(ii) the taking of the action is within the duties of the officer;\nor\n(b) in the exercise of functions given to the officer by an enactment.\n","sortOrder":6},{"sectionNumber":"3C","sectionType":"section","heading":"Application of Act—National Electricity (ACT) Law","content":"3C Application of Act—National Electricity (ACT) Law\n(1) This Act does not apply to an agency in relation to functions exercised\nby it as an agent for AER or AEMO under the national electricity\nrules.\nAEMO––see the National Electricity (ACT) Law.\nAER means the Australian Energy Regulator under the National\nElectricity (ACT) Law.\nnational electricity rules means the national electricity rules under\nthe National Electricity (ACT) Law.\n\nPart 2 Establishment, functions, powers\nand duties of ombudsman\n4 Establishment of office of ombudsman\nThe office of the ombudsman is established.\n4A Officer of the Legislative Assembly\n(1) The ombudsman is an independent officer of the Legislative\nAssembly.\n(2) The functions, powers, rights, immunities and obligations of the\nombudsman are as stated in this Act and any other law in force in the\nACT.\nNote A law in force in the ACT includes a territory law and a Commonwealth\nlaw.\n(3) There are no implied functions, powers, rights, immunities or\nobligations arising from the ombudsman being an independent officer\nof the Legislative Assembly.\n(4) The powers of the Legislative Assembly to act in relation to the\nombudsman are as stated in this Act and any other law in force in the\nACT.\n(5) In subsection (4):\nLegislative Assembly includes—\n(a) the members of the Legislative Assembly; and\n(b) the committees of the Legislative Assembly.\n(6) There are no implied powers of the Legislative Assembly arising\nfrom the ombudsman being an independent officer of the Legislative\nAssembly.\n\n","sortOrder":7},{"sectionNumber":"4B","sectionType":"section","heading":"Independence of ombudsman","content":"4B Independence of ombudsman\nSubject to this Act and to other territory laws, the ombudsman has\ncomplete discretion in the exercise of the ombudsman’s functions.\n","sortOrder":8},{"sectionNumber":"4C","sectionType":"section","heading":"Functions—generally","content":"4C Functions—generally\nThe functions of the ombudsman are—\n(a) to investigate complaints made under this Act; and\n(b) to exercise other functions given to the ombudsman under this\nAct; and\n(c) to exercise other functions given to the ombudsman under the\nFreedom of Information Act 2016; and\n(d) to exercise other functions given to the ombudsman under the\nPublic Interest Disclosure Act 2012; and\n(e) to exercise other functions given to the ombudsman under the\nTerritory Records Act 2002; and\n(f) to monitor compliance with the Crimes (Child Sex Offenders)\nAct 2005, part 3.11 (Entry and search warrants) by the chief\npolice officer and other officers and people assisting in\nexercising functions under that part; and\n(g) to monitor compliance with the Crimes (Child Sex Offenders)\nAct 2005, chapter 4 (Child sex offenders register) by the chief\npolice officer and other people authorised by the chief police\nofficer to have access to the child sex offenders register.\n\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Functions—investigating complaints under Act","content":"5 Functions—investigating complaints under Act\n(1) Subject to this Act, the ombudsman—\n(a) must investigate action that relates to a matter of administration,\nbeing action—\n(i) taken after the commencement of this Act by an agency\nand in respect of which a complaint has been made to the\n(ii) in respect of which a complaint is transferred to the\nombudsman under the A.C.T. Self-Government\n(Consequential Provisions) Act 1988 (Cwlth), section 28;\nor\n(iii) taken before the commencement of this Act and in respect\nof which a complaint is made to the ombudsman after that\ncommencement in a case where, if that complaint had been\nmade to the Commonwealth ombudsman before that\ncommencement, that complaint would have been\ntransferred to the ombudsman under the A.C.T.\nSelf-Government (Consequential Provisions) Act 1988\n(Cwlth), section 28; and\n(b) may, of his or her own motion, investigate action of that kind.\nNote The ombudsman—\n(a) must consult with the custodial inspector in relation to any\ninvestigation under par (b) involving a detainee or\ncorrectional centre or service (see Custodial Inspector\nAct 2017, s 33); and\n(b) may refer a matter to the inspector if the ombudsman\nreasonably believes the matter can be more appropriately\ndealt with by the inspector (see Custodial Inspector\nAct 2017, s 34).\n(2) The ombudsman is not authorised to investigate—\n(a) action taken by a Minister; or\n\n(b) action taken by—\n(i) a judge or the associate judge; or\n(ii) the registrar or a deputy registrar of the Supreme Court or\nof the Magistrates Court when performing a function of a\njudicial nature; or\n(c) action taken by a magistrate or coroner for the Territory; or\n(d) action taken by a tribunal, a member of a tribunal, or a member\nof the staff of a tribunal, in the exercise of the tribunal’s\ndeliberative functions; or\n(e) action taken by a royal commission under the Royal\nCommissions Act 1991; or\n(f) action taken by a board of inquiry under the Inquiries Act 1991;\nor\n(g) action taken by the commissioner for sustainability and the\nenvironment; or\n(h) action taken by the Territory or a territory authority for the\nmanagement of the environment (not including action taken\nunder the Utilities Act 2000, part 14 (Streetlighting and\nstormwater)); or\n(i) action taken by the human rights commission, a member of the\ncommission, or a member of the staff of the commission, in the\nexercise of the commission’s deliberative functions; or\n(j) action taken by a judicial commission under the Judicial\nCommissions Act 1994; or\n(k) action taken by the judicial council under the Judicial\nCommissions Act 1994, section 5A; or\n\n(l) action taken by any body or person with respect to persons\nemployed in the public service or the service of a prescribed\nauthority, being action taken in relation to the employment of\nthose persons, including action taken with respect to the\npromotion, termination of appointment or discipline of, or the\npayment of remuneration to, those persons, other than action\ntaken in relation to a reportable allegation or a reportable\nconviction; or\nNote The ombudsman may, under s 17K, conduct an investigation into\nany reportable allegation or reportable conviction involving an\nemployee of a designated entity.\n(m) action taken by an agency with respect to the appointment of a\nperson to an office established by or under an enactment, not\nbeing an office in the public service or an office in the service\nof a prescribed authority; or\n(n) action taken, or not taken, under the Legislation Act 2001,\npart 5.2 (Requirements for regulatory impact statements); or\n(o) action taken by an agency, other than action taken in relation to\na reportable allegation or a reportable conviction—\n(i) for the purpose or in the course of providing, or purporting\nto provide, a disability service, a health service, a service\nfor children and young people or a service for older people;\nor\n(ii) in refusing to provide a disability service, a health service,\na service for children and young people or a service for\nolder people.\n(3) Nothing in subsection (2) prevents the ombudsman from—\n(a) exercising a function given to the ombudsman under—\n(i) the Freedom of Information Act 2016; or\n(ii) the Public Interest Disclosure Act 2012; or\n\n(iii) the Territory Records Act 2002; or\n(b) investigating a complaint made under—\n(i) the Freedom of Information Act 2016, section 69; or\n(ii) the Public Interest Disclosure Act 2012, section 34 (4).\n(4) The reference in subsection (2) (a) to action taken by a Minister does\nnot include a reference to action taken by a delegate of a Minister.\n(5) For subsection (4), action is taken to have been taken by a delegate of\nthe Minister even if the action is taken under a power that is deemed\nby a provision of an enactment, when exercised by the delegate, to\nhave been exercised by the Minister.\n(6) Subsection (2) (o) has effect subject to division 2.2A (Reportable\nconduct).\n(7) For the application of this Act in relation to the ombudsman, action\ntaken by an agency must not be regarded as having been taken by a\nMinister only because the action was taken by the agency in relation\nto action taken or to be taken by a Minister personally.\n(8) In this section:\nassociate judge means the Master of the Supreme Court under the\nSupreme Court Act 1933, as in force at any time before the day the\nCourts Legislation Amendment Act 2023, section 23 commences.\nNote The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme\nCourt Act 1933, pt 3, which provided for the Master of the Supreme Court\n(known as the Associate Judge).\ndisability service—see the Human Rights Commission Act 2005,\nsection 8.\nhealth service—see the Human Rights Commission Act 2005,\nsection 7.\nreportable allegation—see section 17D.\nreportable conviction—see section 17D.\n\nservice for children and young people—see the Human Rights\nCommission Act 2005, section 8A.\nservice for older people—see the Human Rights Commission\nAct 2005, section 9.\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Discretion not to investigate certain complaints","content":"6 Discretion not to investigate certain complaints\n(1) Where a complaint has been made to the ombudsman with respect to\naction taken by an agency, the ombudsman may, in his or her\ndiscretion, decide not to investigate the action or, if investigation has\ncommenced, decide not investigate the action further—\n(a) if the ombudsman is satisfied that the complainant became\naware of the action more than 12 months before the complaint\nwas made to the ombudsman; or\n(b) if, in the opinion of the ombudsman—\n(i) the complaint is frivolous or vexatious or was not made in\ngood faith; or\n(ii) the complainant does not have a sufficient interest in the\nsubject matter of the complaint; or\n(iii) an investigation, or further investigation, of the action is\nnot warranted having regard to all the circumstances.\n(2) Where a person who makes a complaint to the ombudsman with\nrespect to action taken by an agency has not complained to the agency\nwith respect to that action, the ombudsman may, in his or her\ndiscretion, decide not to investigate the action until the complainant\nso complains to the agency.\n\n(3) Where a person who makes a complaint to the ombudsman with\nrespect to action taken by an agency has complained to the agency\nwith respect to that action, the ombudsman may, in his or her\ndiscretion, decide not to investigate the action unless the complainant\ninforms the ombudsman that no redress has been granted or that\nredress has been granted but the redress is not, in the opinion of the\ncomplainant, adequate.\n(4) Where—\n(a) a person who has made a complaint to the ombudsman with\nrespect to action taken by an agency and who has complained to\nthe agency with respect to that action informs the ombudsman\nas provided by subsection (3) that no redress, or no adequate\nredress, has been granted by the agency; and\n(b) the ombudsman is of the opinion—\n(i) if no redress has been granted—that, since the complainant\ncomplained to the agency, a reasonable period has elapsed\nin which redress could have been granted; or\n(ii) if redress has been granted—that the redress was not\nreasonably adequate;\nthe ombudsman must, subject to this section, investigate the action.\n(5) Where a complainant has caused or causes action to which his or her\ncomplaint relates to be reviewed by a court, or by a tribunal\nconstituted by or under an enactment, the ombudsman must not\ninvestigate, or continue to investigate, the action unless the\nombudsman is of the opinion that there are special reasons justifying\nthe investigation or the continued investigation.\n\n(6) Where the ombudsman is of the opinion that a complainant has or had\na right to cause the action to which the complaint relates to be\nreviewed by a court, or by a tribunal constituted by or under an\nenactment, but has not exercised that right, the ombudsman may\ndecide not to investigate the action or not to investigate the action\nfurther, if he or she is of the opinion that, in all the circumstances, it\nwould be reasonable for the complainant to exercise, or would have\nbeen reasonable for the complainant to have exercised, that right.\n(7) Where, before the ombudsman commences, or after the ombudsman\nhas commenced, to investigate action taken by an agency, being\naction that is the subject matter of a complaint, the ombudsman forms\nthe opinion that adequate provision is made under an administrative\npractice for the review of action of that kind, the ombudsman may\ndecide not to investigate the action or not to investigate the action\nfurther—\n(a) if the action has been, is being or is to be reviewed under that\npractice at the request of the complainant; or\n(b) if the ombudsman is satisfied that the complainant is entitled to\ncause the action to be reviewed under that practice and it would\nbe reasonable for the complainant to cause it to be so reviewed.\n(8) Where a complaint is made to the ombudsman by a complainant at\nthe request of another person or of a body of persons, this section\napplies as if references to the complainant were references to the\nperson or the body of persons at whose request the complaint is made.\n\n","sortOrder":11},{"sectionNumber":"6A","sectionType":"section","heading":"Discretion to refer complaint to another statutory","content":"6A Discretion to refer complaint to another statutory\noffice-holder\n(1) This section applies if—\n(a) the ombudsman forms the opinion that the action to which a\ncomplaint under this Act relates is such that—\n(i) a complaint about the action, or an application or request\nfor the action to be investigated or reviewed, could have\nbeen made to a statutory office-holder other than the\nombudsman; and\n(ii) the matter could be more conveniently or effectively dealt\nwith by the statutory office-holder; and\n(iii) it would otherwise be appropriate in all the circumstances\nfor the complaint to be referred to the statutory\noffice-holder; and\n(b) the statutory office-holder consents to the reference.\n(2) The ombudsman may decide not to investigate, or further investigate,\nthe action.\n(3) If the ombudsman decides not to investigate, or further investigate,\nthe action, the ombudsman must refer the complaint, together with\nany relevant documents or information in the ombudsman’s\npossession or control, to the statutory office-holder.\n(4) In this section:\nstatutory office-holder means the holder of an office established by a\nlaw of the Territory, the Commonwealth, a State or another Territory.\n\n","sortOrder":12},{"sectionNumber":"6B","sectionType":"section","heading":"Mandatory referral of complaints to other entities","content":"6B Mandatory referral of complaints to other entities\n(1) If the ombudsman decides that it would be more appropriate for a\ncomplaint to be investigated by the commissioner for sustainability\nand the environment or the human rights commission, the\nombudsman must refer the complaint to the entity.\n(2) If a complaint is referred to an entity, the ombudsman must give the\nentity the relevant documents and information about the complaint.\n","sortOrder":13},{"sectionNumber":"7","sectionType":"section","heading":"Complaints","content":"7 Complaints\n(1) Subject to subsection (2), a complaint under this Act may be made to\nthe ombudsman orally or in writing.\n(2) Where a complaint is made orally to the ombudsman, the ombudsman\nmay put the complaint in writing or at any time require the\ncomplainant to put the complaint in writing and, where the\nombudsman makes such a requirement of a complainant, the\nombudsman may decline to investigate the complaint, or to\ninvestigate the complaint further, until the complainant complies with\nthe requirement.\n(3) A person who is detained in custody is entitled—\n(a) upon making a request to the person in whose custody he or she\nis detained or to any other person performing duties in\nconnection with the detention (the custodian)—\n(i) to be provided with facilities for preparing a complaint in\nwriting under this Act, for giving in writing to the\nombudsman, after the complaint has been made, any other\nrelevant information and for enclosing the complaint or the\nother information (if any) in a sealed envelope; and\n(ii) to have sent to the ombudsman, without undue delay, a\nsealed envelope addressed to the ombudsman and\ndelivered by the person in custody to the custodian; and\n\n(b) to have delivered to him or her, without undue delay, any sealed\nenvelope addressed to him or her and sent by the ombudsman,\nthat comes into the possession or under the control of the\ncustodian.\n(4) Where—\n(a) a sealed envelope addressed to the ombudsman is delivered by\na person detained in custody to the custodian for sending to the\n(b) a sealed envelope addressed to a person so detained and sent by\nthe ombudsman comes into the possession or under the control\nof the custodian;\nthe custodian is not entitled to open the envelope or to inspect any\ndocument enclosed in the envelope.\n(5) For subsections (3) and (4), the ombudsman may make arrangements\nwith the appropriate authority of the Commonwealth or of a State or\na Territory for the identification and delivery of sealed envelopes sent\nby the ombudsman to persons detained in custody.\n","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":"Preliminary inquiries","content":"8 Preliminary inquiries\n(1) Where a complaint has been made to the ombudsman with respect to\naction taken by an agency, or it appears to the ombudsman that the\nombudsman may under section 5 (1) (b) investigate action so taken,\nthe ombudsman may, for the purpose of—\n(a) determining whether or not the ombudsman is authorised to\ninvestigate the action; or\n(b) if the ombudsman is authorised to investigate the action—\ndetermining whether or not the ombudsman may, in his or her\ndiscretion, decide not to investigate the action;\nmake inquiries of the principal officer of the agency or, if an\narrangement with the principal officer of the agency is in force under\nsubsection (2), of such officers as are referred to in the arrangement.\n\n(2) The ombudsman may from time to time make an arrangement with\nthe principal officer of an agency with respect to the officers of whom\nall inquiries, or particular inquiries, are to be made by the ombudsman\nunder subsection (1) with respect to action taken by the agency.\n","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Investigations","content":"9 Investigations\n(1) The ombudsman must, before commencing an investigation under\nthis Act of action taken by an agency, inform the principal officer of\nthe agency that the action is to be investigated.\n(2) The ombudsman may from time to time make an arrangement with\nthe principal officer of an agency with respect to the manner in which,\nand the period within which, the ombudsman is to inform the\nprincipal officer that he or she proposes to investigate action taken by\nthe agency, being action to which the arrangement relates.\n(3) An investigation under this Act must be conducted in private and,\nsubject to this Act, in such manner as the ombudsman thinks fit.\n(4) Subject to this Act, the ombudsman may, for the purposes of this Act,\nobtain information from such persons, and make such inquiries, as he\nor she thinks fit.\n(5) Subject to subsection (6), it is not necessary for the complainant or\nany other person to be afforded an opportunity to appear before the\nombudsman or any other person in connection with an investigation\nby the ombudsman under this Act.\n\n(6) The ombudsman must not make a report in respect of an investigation\nunder this Act in which he or she sets out opinions that are, either\nexpressly or impliedly, critical of an agency or person unless, before\ncompleting the investigation, the ombudsman has—\n(a) if the opinions relate to an agency—given the principal officer\nof the agency and the officer principally concerned in the action\nto which the investigation relates opportunities to appear before\nthe ombudsman or before an authorised person, and to make\nsuch submissions, either orally or in writing, in relation to that\naction as they think fit; and\n(b) if the opinions relate to a person—given that person an\nopportunity to appear before the ombudsman or before an\nauthorised person, and to make such submissions, either orally\nor in writing, in relation to the action to which the investigation\nrelates as the person thinks fit.\n(7) Where the ombudsman gives the principal officer of an agency an\nopportunity to appear before the ombudsman or before an authorised\nperson under subsection (6), the principal officer may appear in\nperson or a person authorised by the principal officer may appear on\nbehalf of the principal officer.\n(8) Where the ombudsman gives a person other than the principal officer\nof an agency an opportunity to appear before the ombudsman or\nbefore an authorised person under subsection (6), the person may,\nwith the approval of the ombudsman or of the authorised person, as\nthe case may be, be represented by another person.\n\n(9) Where, in relation to an investigation under this Act, the ombudsman\nproposes to give a person an opportunity to appear before the\nombudsman or before an authorised person and to make submissions\nunder subsection (6), or proposes to make a requirement of a person\nunder section 11—\n(a) if a complaint was made orally with respect to the action and the\ncomplaint has not been put in writing—the complaint must be\nput in writing; and\n(b) the ombudsman must, if he or she has not previously informed\nthe responsible Minister that the action is being investigated,\ninform that Minister accordingly.\n(10) The ombudsman may, either before or after the completion of an\ninvestigation under this Act, discuss any matter that is relevant to the\ninvestigation with a Minister concerned with the matter.\n(11) On the request of the responsible Minister, the ombudsman must\nconsult that Minister before forming a final opinion on any of the\nmatters referred to in section 18 (1) or (2) that are relevant to the\naction under investigation.\n(12) Where the ombudsman becomes of the opinion, either before or after\ncompleting an investigation under this Act, that there is evidence that\na person, being an officer of an agency, has been guilty of a breach of\nduty or of misconduct and that the evidence is, in all the\ncircumstances, of sufficient force to justify doing so, the ombudsman\nmust bring the evidence to the notice of—\n(a) if the person is the head of service—the Chief Minister; or\n(b) in the case of an administrative unit—\n(i) if the person is the director-general of the administrative\nunit—the responsible Minister of the administrative unit;\nor\n\n(ii) if the person is a member of the administrative unit other\nthan the director-general—the director-general of the\n(c) in the case of a prescribed authority—\n(i) if the person is the principal officer of the authority—the\nresponsible Minister of the authority; or\n(ii) if the person is not the principal officer of the authority—\nthe principal officer of the authority.\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Arrangements with another ombudsman","content":"10 Arrangements with another ombudsman\n(1) The ombudsman may make an arrangement in writing with the\nCommonwealth ombudsman, the ombudsman of a State, or 2 or more\nof them, in relation to the investigation by any 1 or more of them of\naction that relates to a matter of administration referred to in any of\nthe following paragraphs:\n(a) action taken by an agency and action taken by a Commonwealth\nor State department or authority;\n(b) action taken by an authority or other agency established or\nadministered jointly by the Territory and the Commonwealth,\nthe Territory and 1 or more States or the Territory, the\nCommonwealth and 1 or more States;\n(c) action taken by an authority or other agency referred to in\nparagraph (b) and action taken by—\n(i) an agency; or\n(ii) a Commonwealth or State department or authority.\n(2) A reference in subsection (1) to action taken by an agency or other\nauthority includes a reference to action taken by such an agency or\nauthority on behalf of another body.\n\n(3) The ombudsman may arrange in writing with another ombudsman\nwith whom such an arrangement is in force for the variation or\nrevocation of the arrangement.\n(4) The regulations may make provision in relation to the participation\nby the ombudsman in the carrying out of an investigation under an\narrangement under this section.\n(5) Nothing in this section affects the powers and duties of the\nombudsman under any other provision of this Act.\n(6) Subsection (1) does not empower the ombudsman to make an\narrangement for the exercise by the Commonwealth ombudsman or\nthe ombudsman of a State of a power of the ombudsman except in\naccordance with an instrument of delegation mentioned in section 32.\n","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Power to obtain information and documents","content":"11 Power to obtain information and documents\n(1) Where the ombudsman has reason to believe that a person is capable\nof providing information or producing documents or other records\nrelevant to an investigation under this Act, the ombudsman may, by\nnotice in writing served on the person, require the person, at such\nplace, and within such period or on such day and at such time, as are\nspecified in the notice—\n(a) to provide to the ombudsman, by writing signed by that person\nor, in the case of a body corporate, by an officer of the body\ncorporate, any such information; or\n(b) to produce to the ombudsman such documents or other records\nas are specified in the notice; or\n(c) to provide to the ombudsman any such information and to\nproduce to the ombudsman such documents or other records as\nare specified in the notice.\n\n(2) Where the ombudsman has reason to believe that an officer of an\nagency is capable of providing information or producing documents\nor other records relevant to an investigation under this Act or both\nproviding information and producing documents or other records of\nthat kind, but the ombudsman does not know the identity of the\nofficer, the ombudsman may, by notice in writing served on the\nprincipal officer of the agency, require the principal officer or a\nperson nominated by the principal officer, at such place, and within\nsuch period or on such day and at such time, as are specified in the\nnotice—\n(a) to attend before a person specified in the notice to answer\nquestions relevant to the investigation; or\n(b) to produce to a person specified in the notice such documents or\nother records as are so specified; or\n(c) to attend before a person so specified to answer questions of that\nkind and to produce to a person so specified such documents or\nother records as are so specified.\n(3) Where documents or other records are produced to the ombudsman\nin accordance with a requirement under subsection (1) or (2) or an\norder under section 14 (2), the ombudsman—\n(a) may take possession of, and may make copies of, or take extracts\nfrom, the documents or other records; and\n(b) may retain possession of the documents or other records for such\nperiod as is necessary for the purposes of the investigation to\nwhich the documents or other records relate; and\n(c) during that period must permit a person who would be entitled\nto inspect any 1 or more of the documents or other records if\nthey were not in the possession of the ombudsman to inspect at\nall reasonable times such of the documents or other records as\nthat person would be so entitled to inspect.\n\n(4) Where the ombudsman has reason to believe that a person is able to\ngive information relevant to an investigation under this Act, the\nombudsman may, by notice in writing served on the person, require\nthe person to attend before a person specified in the notice, on such\nday and at such time and place as are specified in the notice, to answer\nquestions relevant to the investigation.\n(5) Notwithstanding the provisions of any enactment, a person is not\nexcused from providing any information, producing a document or\nother record or answering a question when required to do so under\nthis Act on the ground that the providing of the information, the\nproduction of the document or record or the answer to the question—\n(a) would contravene the provisions of any other enactment, would\nbe contrary to the public interest or might tend to incriminate the\nperson or make the person liable to a penalty; or\n(b) would disclose legal advice provided to a Minister or an agency;\nbut the information, the production of the document or record or the\nanswer to the question is not admissible in evidence against the\nperson in proceedings other than—\n(c) an application under section 14 (2); or\n(d) proceedings for an offence against the Criminal Code, part 3.4\n(False or misleading statements, information and documents).\n(6) A person is not liable to any penalty under the provisions of any other\nenactment because of the person having furnished information,\nproduced a document or other record or answered a question when\nrequired to do so under this Act.\n\n(7) The reference in subsection (1) to an officer, in relation to a body\ncorporate, being a body corporate that is not a prescribed authority,\nincludes a reference to a director, secretary, executive officer or\nemployee of the body corporate.\n","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Unreasonable delay in exercising power","content":"12 Unreasonable delay in exercising power\n(1) Where—\n(a) under an enactment, a person has a power to do an act or thing\nin the exercise of a discretion or otherwise;\n(b) no enactment prescribes a period within which the person is\nrequired to do or refuse to do the act or thing;\n(c) under an enactment, an application may be made to a prescribed\ntribunal for the review of decisions made in the exercise of that\npower; and\n(d) a complaint has been made to the ombudsman concerning a\nfailure to do the act or thing in the exercise of that power;\nthe ombudsman may, after investigating the complaint, if he or she is\nof the opinion that there has been unreasonable delay in deciding\nwhether to do the act or thing, give to the complainant a certificate\ncertifying that, in the opinion of the ombudsman, there has been\nunreasonable delay in deciding whether to do the act or thing.\n(2) Where the ombudsman gives a certificate under subsection (1), the\nperson required or permitted to exercise the power must, for the\npurpose of enabling an application to be made under the enactment\nreferred to in subsection (1) (c) to the prescribed tribunal concerned,\nbe taken to have made, on the day on which the certificate is given, a\ndecision in the exercise of that power not to do the act or thing.\n(3) Where—\n(a) under an enactment, a person has a power to do an act or thing\nin the exercise of a discretion or otherwise; and\n\n(b) no enactment prescribes a period within which the person is\nrequired to do or refuse to do the act or thing; and\n(c) under an enactment, an application may be made to a person\nother than a prescribed tribunal for the review of decisions made\nin the exercise of that power and an enactment also provides that\nan application may be made to a prescribed tribunal for the\nreview of decisions made by the lastmentioned person upon an\napplication first referred to in this paragraph; and\n(d) a complaint has been made to the ombudsman concerning a\nfailure to do the act or thing in the exercise of that power;\nthe ombudsman may, after investigating the complaint, if he or she is\nof the opinion that there has been unreasonable delay in deciding\nwhether to do the act or thing, give to the complainant a certificate\ncertifying that, in the opinion of the ombudsman, there has been\nunreasonable delay in deciding whether to do the act or thing.\n(4) Where the ombudsman gives a certificate under subsection (3), the\nperson required or permitted to exercise the power must, for the\npurpose of enabling an application to be made to the person referred\nto in subsection (3) (c), be taken to have made, on the day on which\nthe certificate is given, a decision in the exercise of that power not to\ndo the act or thing.\n(5) Where a board, committee or other unincorporated body constituted\nby 2 or more persons is empowered by an enactment to make\ndecisions, subsections (1), (2), (3) and (4) apply as if the board,\ncommittee or other body were a person empowered to make those\ndecisions.\nprescribed tribunal means—\n(a) the ACAT; or\n(b) any other tribunal prescribed by regulation.\n\n","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Referring questions to ACAT","content":"13 Referring questions to ACAT\n(1) This section applies if the ombudsman investigates the taking of\naction under a power under an enactment.\n(2) The ombudsman may recommend to the relevant principal officer that\na stated question in relation to the taking of action or exercise of\npower be referred to the ACAT for an advisory opinion.\n(3) The ombudsman may make the recommendation—\n(a) by giving the recommendation to the principal officer at any\ntime before the completion of the investigation by the\n(b) by including the recommendation in a report made by the\nombudsman to the relevant agency under section 18 after the\ncompletion of the investigation.\n(4) If the ombudsman makes a recommendation to the principal officer,\nthe principal officer must refer the question stated in the\nrecommendation to the ACAT.\n(5) The ACAT may give the principal officer an advisory opinion on the\nstated question.\ntaking of action includes the following:\n(a) making a decision or recommendation;\n(b) formulating a proposal;\n(c) failing to—\n(i) take an action; or\n(ii) make a decision; or\n(iii) make a recommendation; or\n(iv) formulate a proposal.\n\n","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Supreme Court","content":"14 Powers of Supreme Court\n(1) Where a question with respect to the exercise of a power, or the\nperformance of a function, of the ombudsman by or under this Act or\nany other enactment arises between the ombudsman and the principal\nofficer of any agency that is affected by that exercise or performance,\nthe ombudsman or the principal officer of the agency may, subject to\nsubsections (3) and (4), make an application to the Supreme Court for\na determination of the question.\n(2) Where a person fails to comply with a requirement made by the\nombudsman by notice under section 11 to provide information, to\nproduce documents or other records or to attend before the\nombudsman to answer questions, the ombudsman may make an\napplication to the Supreme Court for an order directing that person to\nprovide the information, to produce the documents or other records,\nor to attend before the ombudsman to answer questions, at such place,\nand within such period or on such day and at such time, as are\nspecified in the order.\n(3) The ombudsman must not make an application to the Supreme Court\nunder this section unless he or she has informed the responsible\nMinister of the agency concerned in writing of the reasons for the\nproposed application.\n(4) The principal officer of an agency must not make an application to\nthe Supreme Court under subsection (1) unless he or she has informed\nthe responsible Minister of the agency in writing of the reasons for\nthe proposed application.\n(5) The Supreme Court has jurisdiction with respect to matters arising\nunder this section in respect of which applications are made to the\nSupreme Court.\n\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Complainant and agency to be informed","content":"15 Complainant and agency to be informed\n(1) Where the ombudsman does not, for any reason, investigate, or\ncontinue to investigate, action taken by an agency in respect of which\na complaint has been made to him or her, the ombudsman must, as\nsoon as practicable and in such manner as the ombudsman thinks fit,\ninform—\n(a) the complainant; and\n(b) except where an arrangement with the agency is in force under\nsubsection (2) relating to actions of that kind, the agency;\nof the decision and of the reasons for the decision.\n(2) The ombudsman may from time to time make with an agency an\narrangement in relation to actions in respect of which complaints have\nbeen or are made to the ombudsman, being actions taken by the\nagency that are specified in the arrangement—\n(a) providing for the manner in which, and the period within which,\nthe ombudsman is to inform the agency of a decision not to\ninvestigate, or to continue to investigate, such actions and of the\nreasons for the decision; or\n(b) providing that the ombudsman is not required to inform the\nagency of a decision not to investigate, or to continue to\ninvestigate, such actions and of the reasons for the decision.\n(3) Where the ombudsman completes an investigation of action taken by\nan agency in respect of which a complaint has been made to him or\nher, the ombudsman must, in such manner and at such times as he or\nshe thinks fit, give to the complainant and to the agency particulars of\nthe investigation.\n\n(4) The ombudsman may, if he or she thinks fit, provide comments or\nsuggestions with respect to any matter relating to or arising out of an\ninvestigation by the ombudsman to any agency, body or person other\nthan an agency, body or person to which or to whom he or she has\ngiven a report under section 18 relating to that matter or to matters\nthat include that matter.\n(5) Where the ombudsman gives a report to an agency under section 18\ncontaining recommendations with respect to action in respect of\nwhich a complaint has been made—\n(a) the ombudsman must, if action that is, in the opinion of the\nombudsman, adequate and appropriate in the circumstances is\nnot taken with respect to the recommendations within a\nreasonable time after the recommendations are given to the\nagency—give to the complainant a copy of the\nrecommendations, together with such comments (if any) as the\nombudsman thinks fit; or\n(b) in any other case—the ombudsman may give to the complainant\na copy of the recommendations, together with such comments\n(if any) as he or she thinks fit.\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Power to examine witnesses","content":"16 Power to examine witnesses\nThe ombudsman may administer an oath or affirmation to a person\nrequired to attend before him or her under section 11 and may\nexamine the person on oath or affirmation.\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Power to enter premises","content":"17 Power to enter premises\n(1) For the purposes of an investigation under this Act, the ombudsman\nor an authorised person may, at any reasonable time of the day, enter\nany place occupied by an agency and may carry on the investigation\nat the place.\n\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Monitoring police compliance with Crimes (Child Sex Offenders) Act 2005","content":"Division 2.2 Monitoring police compliance with Crimes (Child Sex Offenders) Act 2005\n(2) For the purposes of an investigation under this Act, an authorised\nperson is entitled to inspect any documents relevant to the\ninvestigation that are kept at premises entered under this section at a\nreasonable time of the day arranged with the principal officer of the\nagency concerned.\n(3) Subsection (2) does not restrict the operation of section 11.\nDivision 2.2 Monitoring police compliance with\nCrimes (Child Sex Offenders) Act\n","sortOrder":25},{"sectionNumber":"17A","sectionType":"section","heading":"What is the child sex offenders register?","content":"17A What is the child sex offenders register?\nIn this Act:\nchild sex offenders register—see the Crimes (Child Sex Offenders)\nAct 2005, section 117.\n","sortOrder":26},{"sectionNumber":"17B","sectionType":"section","heading":"Police to give ombudsman reasonable assistance","content":"17B Police to give ombudsman reasonable assistance\n(1) The chief police officer, and other officers and people assisting in\nexercising functions under the Crimes (Child Sex Offenders)\nAct 2005, part 3.11 (Entry and search warrants) must give the\nombudsman any assistance that the ombudsman reasonably requires\nto exercise the ombudsman’s functions in relation to that part.\n(2) The chief police officer must ensure that police officers and other\npeople authorised by the chief police officer to have access to the\nchild sex offenders register give the ombudsman any assistance that\nthe ombudsman reasonably requires to exercise the ombudsman’s\nfunctions in relation to the Crimes (Child Sex Offenders) Act 2005,\nchapter 4 (Child sex offenders register).\n\n","sortOrder":27},{"sectionNumber":"17C","sectionType":"section","heading":"Power to enter police premises","content":"17C Power to enter police premises\n(1) The ombudsman or a police officer may, after notifying the chief\npolice officer of the intended entry, enter, at any time, any premises\noccupied by the Australian Federal Police where the ombudsman\nreasonably believes there are documents that contain, or relate to, the\nchild sex offenders register or that are relevant to the ombudsman’s\nfunctions in relation to the Crimes (Child Sex Offenders) Act 2005,\npart 3.11 (Entry and search warrants) or chapter 4 (Child sex\noffenders register).\n(2) The ombudsman or a police officer may inspect or copy any\ndocument found at any premises entered under this section and do\nanything that it is necessary or convenient to do to enable an\ninspection to be carried out under this section.\n","sortOrder":28},{"sectionNumber":"17D","sectionType":"section","heading":"Definitions—div 2.2A","content":"17D Definitions—div 2.2A\nIn this division:\ndesignated entity—see section 17EA.\ninvestigation, of a matter, means any inquiry or examination into the\nmatter.\ninvestigation information means information—\n(a) obtained as a result of an investigation into a reportable\nallegation or reportable conviction conducted by the\nombudsman or a designated entity; and\n(b) about any of the following:\n(i) the progress, conduct or findings of the investigation;\n(ii) action taken as a result of the findings.\nout-of-home carer—see the Children and Young People Act 2008,\ndictionary.\n\nreligious body means a body—\n(a) established or operated for a religious purpose, that operates\nunder the auspices of 1 or more religious denominations or\nfaiths; and\n(b) that provides, or has provided, activities, facilities, programs or\nservices that provide a means for people to have contact with\nchildren.\nExamples—activities, facilities, programs or services\n• religious services\n• altar serving\n• art groups\n• bible study groups\n• choirs and music groups\n• church-run crèches\n• dance groups\n• faith-based children’s and youth groups\n• multi-faith networks\n• open days\n• prayer groups\n• religious community engagement and outreach\n• religious festivals and celebrations\n• sports teams\n• Sunday school\n• tutoring services\n• youth camps\nreportable conduct—see section 17E.\nreportable conviction, in relation to a person, means a conviction or\nfinding of guilt—\n(a) for an offence, under a territory law or a State or Commonwealth\nlaw, involving reportable conduct; and\n\n(b) entered against the person before or after the commencement of\nthe Reportable Conduct and Information Sharing Legislation\nAmendment Act 2016, section 3.\n","sortOrder":29},{"sectionNumber":"17E","sectionType":"section","heading":"Meaning of reportable conduct—div 2.2A","content":"17E Meaning of reportable conduct—div 2.2A\nreportable conduct means conduct—\n(a) engaged in by an employee of a designated entity, whether or\nnot in the course of employment with the entity; and\n(b) that results in any of the following, regardless of a child’s\nconsent:\n(i) ill treatment or neglect of the child;\n(ii) exposing or subjecting the child to—\n(A) behaviour, or a circumstance, that psychologically\nharms the child; or\n(B) misconduct of a sexual nature that does not form part\nof an offence mentioned in subparagraph (iii);\nExample—par (ii) (B)\nengaging in contact with a child as a preliminary step to obtaining the\nchild’s compliance in sexual activities\n(iii) an offence against any of the following provisions of the\nCrimes Act 1900 for which the child is either present or a\nvictim at the time of the conduct:\n(A) part 2 (Offences against the person);\n(B) part 3 (Sexual offences);\n(C) part 4 (Female genital mutilation);\n(D) part 5 (Sexual servitude);\n\n(iv) an offence against either of the following provisions of the\nEducation and Care Service National Law (ACT):\n(A) section 166 (Offence to use inappropriate discipline);\n(B) section 167 (Offence relating to protection of children\nfrom harm and hazards).\n(2) However, reportable conduct does not include conduct—\n(a) that is reasonable discipline, management or care of a child\ntaking into account the characteristics of the child, and any\nrelevant code of conduct or professional standard that at the time\napplied to the discipline, management or care of the child; or\n(b) if the conduct is investigated and recorded as part of workplace\nprocedure—that is trivial or negligible; or\n(c) prescribed by regulation.\nExamples—s (2)\n1 touching a child to attract the child’s attention, to guide a child, or to comfort\na distressed child\n2 a school teacher raising the teacher’s voice to attract attention or restore order\nin a classroom\n3 accidental conduct\ncharacteristics, of a child, includes the age, health and developmental\nstage of the child.\nconduct means an act or an omission to do an act.\n17EA Meaning of designated entity—div 2.2A\n(1) For this division, an entity is a designated entity if—\n(a) it is 1 of the following:\n(i) an administrative unit;\n(ii) a health service;\n\n(iii) a government school or a non-government school;\n(iv) an education and care service;\n(v) a childcare service;\n(vi) an approved kinship and foster care organisation;\n(vii) an approved residential care organisation;\n(viii) a religious body not otherwise included in this paragraph;\n(ix) any other entity prescribed by regulation; and\n(b) it is not exempted by regulation.\napproved kinship and foster care organisation—see the Children\nand Young People Act 2008, section 502.\napproved residential care organisation—see the Children and\nYoung People Act 2008, section 502.\nchildcare service—see the Children and Young People Act 2008,\nsection 732.\neducation and care service—see the Education and Care Services\nNational Law (ACT).\ngovernment school—see the Education Act 2004, dictionary.\nhealth service means the following services:\n(a) ambulance services;\n(b) services provided by a public health facility;\n(c) hospital services;\n(d) any other services prescribed by regulation.\nnon-government school—see the Education Act 2004, dictionary.\n\n17EAA Meaning of head of a designated entity—div 2.2A\nhead, of a designated entity, means—\n(a) for an administrative unit—the director-general of the\n(b) for a religious body—the individual nominated under\nsubsection (2) or (3); or\n(c) for any other designated entity—\n(i) if a regulation prescribes the head of the entity—the\nprescribed head of the entity; or\n(ii) in any other case—the individual primarily in charge of the\nmanagement of the entity.\n(2) A religious body must—\n(a) nominate an individual as the head of the body for this division;\nand\n(b) give the nomination to the ombudsman.\n(3) If a religious body does not make a nomination under subsection (2),\nthe ombudsman may, in writing, nominate an individual as the head\nof the body for this division.\n17EAB Meaning of reportable allegation—div 2.2A\n(1) For this division, a reportable allegation is an express assertion that\nreportable conduct has happened.\n(2) However, if an express assertion that reportable conduct has\nhappened was made as a religious confession, the assertion is a\nreportable allegation if, and only if, it relates to—\n(a) sexual abuse against a child; or\n(b) non-accidental physical injury to a child.\n\n(3) A person who is or was a member of the clergy of a church or\nreligious denomination is not entitled to refuse to report a reportable\nallegation because it contains information communicated to the\nmember during a religious confession.\n(4) In this section:\nreligious confession means a confession made by a person to a\nmember of the clergy in the member’s professional capacity\naccording to the ritual of the member’s church or religious\ndenomination.\n17EAC Meaning of employee—div 2.2A\nemployee, of a designated entity—\n(a) means a person who is engaged—\n(i) under a contract of employment with the designated entity;\nor\n(ii) by the designated entity to provide services to children\n(other than under a contract of employment); or\nExamples\n• out-of-home carer\n• volunteer\n(iii) by another entity (whether or not under a contract of\nemployment) to provide services to children on behalf of\nthe designated entity; and\nExample\nsubcontractor\n\n(b) for a designated entity that, in accordance with the Children and\nYoung People Act 2008, authorises an out-of-home carer to\nexercise daily care responsibility or long-term care\nresponsibility for a child—includes an adult who stays for at\nleast 21 days at premises provided by the authorised\nout-of-home carer for the child to live.\n(2) However, for a designated entity that is a religious body, employee—\n(a) means—\n(i) a minister of religion, a religious leader or an officer of the\nreligious body; or\n(ii) a person who is engaged under a contract of employment\nwith the religious body; or\n(iii) a person who is engaged by the religious body to provide\nservices (other than under a contract of employment)\nwhether or not the services are provided to children; but\n(b) does not include a person only because the person participates\nin worship.\n17EB Designated entity to have practices and procedures to\ndeal with reportable conduct\n(1) The head of a designated entity must ensure that the entity has in place\npractices and procedures—\n(a) for preventing reportable conduct by an employee of the\nentity—\n(i) in the course of the employee’s employment with the\nentity; or\n(ii) other than in the course of the employee’s employment\nwith the entity if the employment would facilitate the\nemployee’s reportable conduct; and\n\n(b) to enable any person, including an employee of the entity, to\nnotify the head of the entity of a reportable allegation or\nreportable conviction involving an employee of the entity; and\n(c) for dealing with a reportable allegation or reportable conviction\ninvolving an employee of the entity; and\n(d) for the receipt, handling and disclosure of information relating\nto reportable allegations, reportable convictions and\ninvestigation information.\nprocedures includes policies.\n","sortOrder":30},{"sectionNumber":"17F","sectionType":"section","heading":"Ombudsman must monitor designated entity","content":"17F Ombudsman must monitor designated entity\n(1) The ombudsman must monitor the practices and procedures of a\ndesignated entity for—\n(a) the prevention of reportable conduct involving an employee of\nthe entity; and\n(b) dealing with reportable allegations or reportable convictions\ninvolving an employee of the entity.\n(2) The ombudsman may, by written notice, require the head of a\ndesignated entity to provide information about the entity’s practices\nand procedures for the purpose of assisting the ombudsman to carry\nout a function under this section.\nprocedures includes policies.\n\n","sortOrder":31},{"sectionNumber":"17G","sectionType":"section","heading":"Designated entity must report to ombudsman","content":"17G Designated entity must report to ombudsman\n(1) The head of a designated entity must provide a written report to the\nombudsman about—\n(a) any reportable allegation or any reportable conviction involving\nan employee of the entity; and\n(b) whether or not the entity proposes to take any action against the\nemployee based on the allegation or conviction, and the entity’s\nreasons for taking or not taking action; and\n(c) any written submissions made by the employee to the head of\nthe entity about the allegation or conviction that the employee\nasked the entity to take into account when deciding any action\nagainst the employee.\n(2) A report under subsection (1) must be given to the ombudsman within\n30 days after the day the head of the entity becomes aware of the\nallegation or conviction, or another period allowed by the\nombudsman.\n(3) The ombudsman may declare that subsection (1) does not apply in\nrelation to any of the following (an exempt matter):\n(a) a reportable allegation or reportable conviction of a particular\nkind;\n(b) a particular entity;\n(c) a particular employee.\n(4) The head of an entity is not required to provide a written report to the\nombudsman under subsection (1) if the report would deal only with\nan exempt matter.\n\n","sortOrder":32},{"sectionNumber":"17H","sectionType":"section","heading":"Information may be disclosed to ombudsman","content":"17H Information may be disclosed to ombudsman\nThe head, or an employee, of a designated entity may disclose any\ninformation to the ombudsman that the head or employee believes on\nreasonable grounds reveals—\n(a) reportable conduct involving an employee of the entity; or\n(b) a reportable conviction against an employee of the entity.\n","sortOrder":33},{"sectionNumber":"17I","sectionType":"section","heading":"Ombudsman may monitor investigation","content":"17I Ombudsman may monitor investigation\n(1) The ombudsman may monitor an investigation carried out by a\ndesignated entity into a reportable allegation or reportable conviction\ninvolving an employee of the entity if satisfied on reasonable grounds\nthat monitoring the investigation is in the public interest.\n(2) For the purpose of monitoring an entity’s investigation under this\nsection, the ombudsman or an officer of the ombudsman may—\n(a) attend any interview conducted by or on behalf of a designated\nentity in its investigation; and\n(b) confer with any person carrying out the investigation about the\nnature, conduct or progress of the investigation; and\n(c) request information relating to the investigation by written\nnotice given to the head of the entity.\nNote It is an offence to obstruct a territory public official (see Criminal Code,\ns 361).\n","sortOrder":34},{"sectionNumber":"17J","sectionType":"section","heading":"Designated entity must report outcome of investigation","content":"17J Designated entity must report outcome of investigation\n(1) The head of a designated entity must, as soon as practicable after the\nend of an investigation by the entity into a reportable allegation or\nreportable conviction, provide the ombudsman with—\n(a) a written report about—\n(i) the results of the investigation; and\n\n(ii) any action taken, or proposed to be taken, in relation to the\nreportable allegation or reportable conviction; and\n(b) copies of all—\n(i) statements taken in the course of the investigation; and\n(ii) documents mentioned in the report; and\n(c) any other information that the head of the entity considers\nrelevant to the report.\n(2) After receiving the report and other information, the ombudsman may\nby written notice given to the head of the entity request any additional\ninformation specified in the notice that the ombudsman considers\nrelevant to determine whether—\n(a) the reportable allegation or reportable conviction was properly\ninvestigated; and\n(b) appropriate action was taken as a result of the investigation.\n","sortOrder":35},{"sectionNumber":"17K","sectionType":"section","heading":"Ombudsman may conduct own investigation","content":"17K Ombudsman may conduct own investigation\n(1) The ombudsman may, on the ombudsman’s own initiative or in\nresponse to a complaint, conduct an investigation into—\n(a) any reportable allegation or reportable conviction involving an\nemployee of a designated entity; or\n(b) the response of the designated entity to the reportable allegation\nor reportable conviction.\n(2) If the ombudsman decides to conduct an investigation under this\nsection, the ombudsman must give the head of the designated entity\nwritten notice stating—\n(a) that the ombudsman intends carrying out an investigation under\nthis section; and\n(b) particulars of the investigation; and\n\n(c) whether the ombudsman requires the entity not to commence, or\nto suspend, an investigation by the entity into a matter the\nombudsman has decided to investigate.\n(3) As soon as practicable after the ombudsman’s investigation has\nended, the ombudsman—\n(a) must—\n(i) give the head of the entity written notice that the\ninvestigation has ended; and\n(ii) prepare a report setting out the ombudsman’s findings; and\n(b) may make recommendations to any person or body; and\n(c) if an investigation by the entity was suspended by the\nombudsman— may require the head of the entity to continue the\ninvestigation.\n(4) An entity must, as far as practicable, comply with a requirement of\nthe ombudsman under this section.\n","sortOrder":36},{"sectionNumber":"17L","sectionType":"section","heading":"Investigation information may be disclosed to child,","content":"17L Investigation information may be disclosed to child,\nparent and carer\n(1) The ombudsman or the head of a designated entity may disclose\ninvestigation information to any of the following:\n(a) a child who is the subject of conduct that forms the basis of a\nreportable allegation or a reportable conviction into which an\ninvestigation was conducted by the ombudsman or the\ndesignated entity;\n(b) a parent of the child;\n(c) if the child has been placed with an out-of-home carer—the\nchild’s out-of-home carer.\n\nparent, of a child, means a person who has parental responsibility for\nthe child.\nparental responsibility—see the Children and Young People\nAct 2008, dictionary.\n","sortOrder":37},{"sectionNumber":"17M","sectionType":"section","heading":"Ombudsman may give information to commissioner for","content":"17M Ombudsman may give information to commissioner for\nfair trading\nThe ombudsman may disclose the following information to the\ncommissioner for fair trading if satisfied on reasonable grounds that\nthe information is relevant to the exercise of the commissioner’s\nfunctions under the Working with Vulnerable People (Background\nChecking) Act 2011:\n(a) information about an employee of a designated entity;\n(b) information about an exemption under section 17G;\n(c) information about reports of investigations into reportable\nallegations or reportable convictions carried out by the\nombudsman or a designated entity.\n","sortOrder":38},{"sectionNumber":"17N","sectionType":"section","heading":"Human rights commission may give information to","content":"17N Human rights commission may give information to\nombudsman\n(1) A member of the human rights commission may disclose information\nto the ombudsman if satisfied on reasonable grounds that the\ninformation is relevant to the exercise of the ombudsman’s functions\nunder this division.\n(2) This section does not limit the information that the member may\notherwise disclose to the ombudsman under this Act or any other\nterritory law.\n\nmember, of the human rights commission, means a member of the\ncommission under the Human Rights Commission Act 2005,\nsection 12.\n","sortOrder":39},{"sectionNumber":"17O","sectionType":"section","heading":"Protection of disclosures made under this division","content":"17O Protection of disclosures made under this division\n(1) An authorisation to disclose information under this division—\n(a) applies despite any territory law to the contrary; and\n(b) does not limit the disclosure of investigation information that\nmay be made under any other territory law.\n(2) A person disclosing information under this division is not civilly\nliable for anything done or omitted to be done honestly and without\nrecklessness—\n(a) in complying with this division; or\n(b) in the reasonable belief that the disclosure complied with this\ndivision.\n","sortOrder":40},{"sectionNumber":"17P","sectionType":"section","heading":"Offence—false allegation","content":"17P Offence—false allegation\nA person commits an offence if—\n(a) the person makes an allegation against another person; and\n(b) the person intends to cause the other person to be investigated\nunder this division for—\n(i) having engaged in reportable conduct; or\n(ii) being the subject of a reportable conviction; and\n(c) the person knows the allegation is false or misleading in a\nmaterial particular.\nMaximum penalty: 100 penalty units, imprisonment for 12 months\nor both.\n\n","sortOrder":41},{"sectionNumber":"18","sectionType":"section","heading":"Reports by ombudsman","content":"18 Reports by ombudsman\n(1) Where, after an investigation under this Act into action taken by an\nagency has been completed, the ombudsman is of the opinion—\n(a) that the action—\n(i) appears to have been contrary to law; or\n(ii) was unreasonable, unjust, oppressive or improperly\ndiscriminatory; or\n(iii) was in accordance with a rule of law, a provision of an\nenactment or a practice but the rule, provision or practice\nis or may be unreasonable, unjust, oppressive or\nimproperly discriminatory; or\n(iv) was based either wholly or partly on a mistake of law or of\nfact; or\n(v) was otherwise, in all the circumstances, wrong; or\n(b) that, in the course of the taking of the action, a discretionary\npower had been exercised for an improper purpose or on\nirrelevant grounds; or\n(c) if the action comprised or included a decision to exercise a\ndiscretionary power in a particular manner or to refuse to\nexercise such a power—\n(i) that irrelevant considerations were taken into account, or\nthat there was a failure to take relevant considerations into\naccount, in the course of reaching the decision to exercise\nthe power in that manner or to refuse to exercise the power,\nas the case may be; or\n\nReports Division 2.3\n(ii) that the complainant in respect of the investigation or some\nother person should have been given, but was not given,\nparticulars of the reasons for deciding to exercise the power\nin that manner or to refuse to exercise the power, as the\ncase may be;\nthis section applies to the decision, recommendation, act or omission\nconstituting that action.\n(2) Where the ombudsman is of the opinion—\n(a) that a decision, recommendation, act or omission to which this\nsection applies should be referred to the appropriate authority\nfor further consideration; or\n(b) that some particular action could and should be taken to rectify,\nmitigate or alter the effects of, a decision, recommendation, act\nor omission to which this section applies; or\n(c) that a decision to which this section applies should be cancelled\nor varied; or\n(d) that a rule of law, provision of an enactment or practice on which\na decision, recommendation, act or omission to which this\nsection applies was based should be altered; or\n(e) that reasons should have been, but were not, given for a decision\nto which this section applies; or\n(f) that any other thing should be done in relation to a decision,\nrecommendation, act or omission to which this section applies;\nthe ombudsman must report accordingly to the agency concerned.\n\n(3) The ombudsman—\n(a) must include in a report under subsection (2) the reasons for the\nopinions specified in the report; and\n(b) may also include in such a report any recommendations he or\nshe thinks fit to make.\n(4) The ombudsman may request the agency to which the report is given\nto give to him or her, within a specified time, particulars of any action\nthat it proposes to take with respect to the matters and\nrecommendations included in the report.\n(5) Where the ombudsman reports under subsection (2) to an agency, the\nagency may give to the ombudsman such comments concerning the\nreport as it wishes to make.\n(6) The ombudsman must give a copy of a report made under\nsubsection (2) to the responsible Minister of the agency concerned.\n","sortOrder":42},{"sectionNumber":"19","sectionType":"section","heading":"Reports to Speaker","content":"19 Reports to Speaker\n(1) This section applies if the ombudsman—\n(a) gives an agency a report under section 18; and\n(b) considers that action that is adequate and appropriate in the\ncircumstances is not taken within a reasonable time in relation\nto a matter or recommendation stated in the report.\n(2) After having regard to any comments given to the ombudsman by the\nagency in relation to the report, the ombudsman may give the report\nand any comments from the agency about the report (the final\nreport)—\n(a) to the Chief Minister for a written response; or\n(b) if the ombudsman considers that in the circumstances it is\nappropriate for the final report to be given directly to the\nSpeaker—to the Speaker.\n\nReports Division 2.3\n(3) If the ombudsman gives the Chief Minister the final report under\nsubsection (2) (a), the ombudsman may give the Speaker the final\nreport if—\n(a) the ombudsman considers that the Chief Minister’s written\nresponse is not adequate or appropriate; or\n(b) the Chief Minister has not given the ombudsman a written\nresponse within a reasonable time.\n(4) The Speaker must present the final report to the Legislative Assembly\non the first sitting day after receiving the report.\n(5) The Minister must present a written response to the final report to the\nLegislative Assembly within 3 months after the day the report was\npresented to the Legislative Assembly.\n","sortOrder":43},{"sectionNumber":"20A","sectionType":"section","heading":"Reports on police compliance with Crimes (Child Sex","content":"20A Reports on police compliance with Crimes (Child Sex\nOffenders) Act 2005\n(1) The ombudsman may, at any time, give the Minister administering\nthe Crimes (Child Sex Offenders) Act 2005 a written report on—\n(a) the results of any inspections carried out under section 17C\n(Power to enter police premises); and\n(b) compliance with the Crimes (Child Sex Offenders) Act 2005,\npart 3.11 (Entry and search warrants) in the period to which the\nreport relates by the chief police officer and other officers and\npeople assisting in exercising functions under that part; and\n(c) compliance with the Crimes (Child Sex Offenders) Act 2005,\nchapter 4 (Child sex offenders register) in the period to which\nthe report relates by the chief police officer and other people\nauthorised by the chief police officer to have access to the child\nsex offenders register.\n\n(2) If the Minister administering the Crimes (Child Sex Offenders)\nAct 2005 asks the ombudsman for a report under this section, the\nombudsman must give the Minister a report under this section as soon\nas practicable after receiving the request.\n(3) The ombudsman must give a copy of any report under this section to\nthe chief police officer.\n","sortOrder":44},{"sectionNumber":"21","sectionType":"section","heading":"Reports to the Legislative Assembly","content":"21 Reports to the Legislative Assembly\n(1) The ombudsman may, from time to time, submit to the Speaker for\npresentation to the Legislative Assembly—\n(a) a report of the operations of the ombudsman during a part of a\nyear; or\n(b) a report in respect of any matter relating to, or arising in\nconnection with, the exercise of the powers, or the performance\nof the functions, of the ombudsman under this Act;\nbut nothing in this section affects the powers and duties of the\nombudsman under sections 18 and 19.\n(2) Where the ombudsman submits a report to the Speaker under\nsubsection (1), the Speaker must present the report to the Legislative\nAssembly on the next sitting day of the Legislative Assembly after its\nreceipt by the Speaker.\n(3) The Minister must present a written response to the report to the\nLegislative Assembly within 3 months after the day the report was\npresented to the Legislative Assembly.\n\n","sortOrder":45},{"sectionNumber":"Part 3","sectionType":"part","heading":"Conditions of service, and staff,","content":"Part 3 Conditions of service, and staff,\nof ombudsman\n","sortOrder":46},{"sectionNumber":"22","sectionType":"section","heading":"Appointment","content":"22 Appointment\n(1) The Speaker may, on behalf of the Territory, appoint a person who is\nnot the Commonwealth ombudsman as the ombudsman.\nNote The person holding office as the Commonwealth ombudsman is taken to\nbe the ACT ombudsman until an appointment is made under this Act (see\nA.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth),\ns 28).\n(2) The Speaker must not make an appointment under this section for the\nfirst time unless the Chief Minister has consented, in writing, to an\nappointment being made.\n(3) The appointment must not be made before—\n(a) the time stated by the Chief Minister in the consent; or\n(b) if there is no time stated in the consent—6 months after the Chief\nMinister’s consent.\n(4) The appointment must be made—\n(a) in consultation with the Chief Minister; and\n(b) in consultation with the Leader of the Opposition; and\n(c) in consultation with the leader (however described) of a\nregistered party (other than the party to which the Chief Minister\nor Leader of the Opposition belongs) if at least 2 members of the\nLegislative Assembly are members of the party; and\n(d) in accordance with an open and accountable selection process.\n\n(5) The Speaker must not appoint a person as the ombudsman unless—\n(a) the Speaker is satisfied that the person has extensive knowledge\nof, and experience in—\n(i) public administration; or\n(ii) dispute resolution; or\n(iii) complaint handling; and\n(b) the relevant Assembly committee agrees to the person’s\nappointment.\n(6) The appointment is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n","sortOrder":47},{"sectionNumber":"23","sectionType":"section","heading":"Tenure of office","content":"23 Tenure of office\nSubject to this part, the ombudsman must not be appointed for more\nthan 7 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":48},{"sectionNumber":"24","sectionType":"section","heading":"Terms of appointment","content":"24 Terms of appointment\n(1) The ombudsman is appointed on the terms (if any) in relation to\nmatters not provided for by this part or a determination under the\nRemuneration Tribunal Act 1995 that are prescribed by the\nmanagement standards under the Public Sector Management\nAct 1994.\n(2) This section does not apply to a person holding the office of\nombudsman under—\n(a) the A.C.T. Self-Government (Consequential Provisions)\nAct 1988, section 28 (Cwlth); or\n(b) an arrangement between the Territory and the Commonwealth.\n\n","sortOrder":49},{"sectionNumber":"24A","sectionType":"section","heading":"Oath or affirmation of office","content":"24A Oath or affirmation of office\nBefore a person is appointed as ombudsman, the person must take an\noath of office, or make an affirmation of office, before the Speaker.\nNote For the form of the oath and affirmation of office, see the Oaths and\nAffirmations Act 1984, s 6 and sch 1.\n","sortOrder":50},{"sectionNumber":"24B","sectionType":"section","heading":"Disclosure of interests","content":"24B Disclosure of interests\nThe ombudsman must give a written statement of the ombudsman’s\npersonal and financial interests to the Speaker within 7 days after—\n(a) the day the ombudsman is appointed; and\n(b) the first day of each financial year; and\n(c) the day there is a change in the interest.\n","sortOrder":51},{"sectionNumber":"24C","sectionType":"section","heading":"Ombudsman must not do inconsistent work etc","content":"24C Ombudsman must not do inconsistent work etc\nThe ombudsman must not—\n(a) have paid employment that is inconsistent with the\nombudsman’s functions; or\n(b) engage in any unpaid activity that is inconsistent with the\nombudsman’s functions.\n","sortOrder":52},{"sectionNumber":"25","sectionType":"section","heading":"Leave of absence","content":"25 Leave of absence\n(1) The Speaker may approve leave of absence for the ombudsman on\nthe terms the Speaker decides.\n(2) Where—\n(a) the Commonwealth ombudsman holds the office of\nombudsman; and\n\n(b) the Commonwealth ombudsman is granted leave of absence\nunder the Ombudsman Act 1976 (Cwlth);\nthe ombudsman is taken to have been granted leave of absence for the\nsame period under subsection (1).\n","sortOrder":53},{"sectionNumber":"27","sectionType":"section","heading":"Retirement","content":"27 Retirement\n(1) The Speaker may retire the ombudsman on the ground of physical or\nmental incapacity if—\n(a) the incapacity substantially affects the exercise of the\nombudsman’s functions; and\n(b) the ombudsman consents to the retirement.\n(2) However, the ombudsman must not be retired on the ground of\ninvalidity unless—\n(a) if the ombudsman is an eligible employee for the\nSuperannuation Act 1976 (Cwlth)—\n(i) the ombudsman is under the ombudsman’s maximum\nretiring age within the meaning of that Act; and\nSuperannuation Board of Trustees No 2 under that Act,\nsection 54C for the ombudsman; or\n(b) if the ombudsman is a member of the superannuation scheme\nestablished under the Superannuation Act 1990 (Cwlth)—\n(i) the ombudsman is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 13 for the ombudsman; or\n\n(c) if the ombudsman is an ordinary employer-sponsored member\nof PSSAP within the meaning of the Superannuation Act 2005\n(Cwlth)—\n(i) the ombudsman is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 43 for the ombudsman.\ninvalidity means—\n(a) for an eligible employee for the Superannuation Act 1976\n(Cwlth)—invalidity under that Act; or\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—invalidity under that\nAct; or\n(c) for an ordinary employer-sponsored member of PSSAP within\nthe meaning of the Superannuation Act 2005 (Cwlth)—\ninvalidity under that Act.\nphysical or mental incapacity includes invalidity.\n","sortOrder":54},{"sectionNumber":"28","sectionType":"section","heading":"Resignation","content":"28 Resignation\nThe ombudsman may resign by giving a signed notice of resignation\nto the Speaker.\n\n","sortOrder":55},{"sectionNumber":"28A","sectionType":"section","heading":"Suspension—generally","content":"28A Suspension—generally\n(1) The Speaker may suspend the ombudsman on the ground of—\n(a) misbehaviour; or\n(b) physical or mental incapacity, if the incapacity substantially\naffects the exercise of the ombudsman’s functions.\nNote Power given by a law to make a decision includes power to reverse or\nchange the decision. The power to reverse or change the decision is\nexercisable in the same way, and subject to the same conditions, as the\npower to make the decision (see Legislation Act, s 180).\n(2) If the Speaker is considering suspending the ombudsman, the Speaker\nmay ask 1 or more of the following for advice about the proposed\nsuspension:\n(a) the public sector standards commissioner;\n(b) anyone else the Speaker considers appropriate.\n(3) If the Speaker suspends the ombudsman, the Speaker must give the\nombudsman written notice of the suspension and a copy of a\nstatement of the reasons for the suspension.\n(4) The suspension takes effect when the notice and statement are given\nto the ombudsman under subsection (3).\n(5) The ombudsman may be suspended only under this section.\n(6) The ombudsman is entitled to be paid salary and allowances while\nsuspended.\n\n","sortOrder":56},{"sectionNumber":"28B","sectionType":"section","heading":"Suspension—relevant Assembly committee notice and","content":"28B Suspension—relevant Assembly committee notice and\nmeetings\n(1) If the Speaker suspends the ombudsman, the Speaker must give\nwritten notice of the suspension and a copy of the statement of the\nreasons for the suspension to each member of the relevant Assembly\ncommittee not later than the next business day, or if the committee\nhas not been established, the next business day after the day the\ncommittee is established.\n(2) The relevant Assembly committee must meet in relation to the\nombudsman’s suspension—\n(a) not later than 3 business days after the day the committee is\ngiven written notice of the suspension (the notice day); and\n(b) at subsequent intervals of not longer than 30 days while the\nombudsman is suspended (a regular meeting).\n(3) The relevant Assembly committee must give the ombudsman written\nnotice that a regular meeting will be held at least 3 business days\nbefore the day the meeting is to be held.\n(4) The ombudsman may make an oral or written submission (or both) to\nthe committee about the ombudsman’s suspension.\n(5) At each regular meeting, the relevant Assembly committee must\nreview the ombudsman’s suspension and may at any time pass a\nresolution about the suspension, including a resolution—\n(a) recommending to the Speaker that the Speaker end the\nsuspension; or\n(b) to make a statement to the Legislative Assembly recommending\nthat the Speaker end the ombudsman’s appointment.\n\n","sortOrder":57},{"sectionNumber":"28C","sectionType":"section","heading":"Suspension—ending suspension","content":"28C Suspension—ending suspension\n(1) If the Speaker does not comply with section 28B (1), the suspension\nends at the end of the notice day.\n(2) If the relevant Assembly committee fails to hold a meeting as required\nunder section 28B (2), the suspension ends on the day after the last\nday when the meeting could have been held.\n(3) If the relevant Assembly committee makes a recommendation\nmentioned in section 28B (5) (a) and the Speaker does not end the\nsuspension within 1 business day after the day the recommendation\nis made—\n(a) the committee may at any time resolve to make a statement to\nthe Legislative Assembly recommending that the suspension be\nended; and\n(b) if the committee makes a statement mentioned in paragraph (a)\nand—\n(i) the Legislative Assembly resolves to end the suspension—\nthe suspension ends on the passing of the resolution; or\n(ii) the Legislative Assembly does not deal with the statement\nwithin 3 sitting days—the suspension ends at the end of the\n3rd sitting day.\n(4) If the relevant Assembly committee makes a statement mentioned in\nsection 28B (5) (b)—\n(a) the Legislative Assembly may resolve to require the Speaker to\nend the ombudsman’s appointment; but\n(b) if the Legislative Assembly does not, within 3 sitting days, pass\na resolution mentioned in paragraph (a)—the suspension ends at\nthe end of the 3rd sitting day.\n\n(5) If the Speaker ends the ombudsman’s suspension, the Speaker must\ngive written notice of the ending of the suspension and a copy of a\nstatement of the reasons for ending the suspension to the ombudsman\nand the relevant Assembly committee.\nnotice day—see section 28B (2) (a).\n","sortOrder":58},{"sectionNumber":"28D","sectionType":"section","heading":"Ending of appointment","content":"28D Ending of appointment\n(1) The Speaker must end the ombudsman’s appointment if—\n(a) the Legislative Assembly—\n(i) passes a resolution under section 28C (4) (a); or\n(ii) otherwise resolves to require the Speaker to end the\nombudsman’s appointment—\n(A) for misbehaviour; or\n(B) for physical or mental incapacity, if the incapacity\nsubstantially affects the exercise of the ombudsman’s\nfunctions; or\n(b) the ombudsman becomes bankrupt or personally insolvent.\n(2) For a resolution mentioned in subsection (1) (a) (ii)—\n(a) at least 7 days before the day the motion to which the resolution\nrelates is first debated in the Legislative Assembly—\n(i) the Assembly must be given the notice of the motion and a\nstatement of reasons for the motion; and\n(ii) the Speaker must—\n(A) give the ombudsman a copy of the notice and the\nstatement of reasons; and\n\n(B) tell the ombudsman that a written submission about\nthe motion may be made to the Speaker not later than\n3 days after the day the ombudsman is given the\nnotice; and\n(b) the Speaker must give any written submission to the Legislative\nAssembly before the day the motion is first debated in the\nLegislative Assembly.\nNote For what must be included in a statement of reasons, see the\nLegislation Act, s 179.\n(3) The Speaker may end the ombudsman’s appointment if the\nombudsman is absent from duty, except on leave granted by the\nSpeaker, for 14 consecutive days or for 28 days in any 12 months.\n(4) The ombudsman’s appointment may be ended by the Speaker only\nunder this section or section 27 (Retirement).\n","sortOrder":59},{"sectionNumber":"29","sectionType":"section","heading":"Acting appointment","content":"29 Acting appointment\n(1) If the Commonwealth ombudsman holds the office of ombudsman, a\nperson appointed under the Ombudsman Act 1976 (Cwlth) to act in\nthe office of Commonwealth ombudsman during an absence or\nunavailability of the Commonwealth ombudsman may act in the\noffice of ombudsman under this Act during the absence or\nunavailability.\n(2) If the Commonwealth ombudsman does not hold the office of\nombudsman, before the Speaker appoints a person to act as the\nombudsman, the Speaker must consult with the chair of the relevant\nAssembly committee about the proposed appointment.\n(3) However, for a period of leave of absence approved by the Speaker\nunder section 25 (1) or mentioned in section 25 (2), the ombudsman\nmay appoint a person to act as ombudsman after consulting with the\nSpeaker.\n\nStaff Division 3.2\n","sortOrder":60},{"sectionNumber":"30","sectionType":"section","heading":"Ombudsman’s staff","content":"30 Ombudsman’s staff\n(1) The ombudsman may employ staff on behalf of the Territory.\n(2) The ombudsman’s staff—\n(a) must be employed under the Public Sector Management\nAct 1994; or\n(b) if the Commonwealth ombudsman is the ombudsman—must be\nappointed or employed under the Public Service Act 1999\n(Cwlth).\nNote The Public Sector Management Act 1994, div 8.2 applies to the\nombudsman in relation to the employment of staff under the Public\nSector Management Act 1994 (see Public Sector Management Act 1994,\ns 152).\n30AA Arrangements for staff and facilities\nThe ombudsman may arrange with the head of service to use the\nservices of a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n30AB Contractors and consultants\n(1) The ombudsman may engage contractors and consultants.\n(2) However, the ombudsman must not enter into a contract of\nemployment under this section.\n\n","sortOrder":61},{"sectionNumber":"30A","sectionType":"section","heading":"Direction to ombudsman’s staff","content":"30A Direction to ombudsman’s staff\nThe ombudsman’s staff are not subject to direction from anyone other\nthan the following people in relation to the exercise of the\nombudsman’s functions:\n(a) the ombudsman;\n(b) another member of the ombudsman’s staff authorised by the\nombudsman to give directions.\n\n","sortOrder":62},{"sectionNumber":"31","sectionType":"section","heading":"Ombudsman not to be sued","content":"31 Ombudsman not to be sued\nSubject to section 33, neither the ombudsman nor a person acting\nunder his or her direction or authority is liable to an action, suit or\nproceeding in relation to an act done or omitted to be done in good\nfaith in exercise or purported exercise of any power or authority\nconferred by this Act.\n","sortOrder":63},{"sectionNumber":"32","sectionType":"section","heading":"Delegation by ombudsman","content":"32 Delegation by ombudsman\n(1) The ombudsman may delegate the ombudsman’s functions under this\nAct or another territory law to—\n(a) if the Commonwealth ombudsman is the ombudsman—a deputy\nombudsman under the Ombudsman Act 1976 (Cwlth); or\n(b) a person who is a member of the staff mentioned in section 30;\nor\n(c) a public servant mentioned in section 30AA; or\n(d) a contractor or consultant mentioned in section 30AB; or\n(e) an authorised person; or\n(f) any other person.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) However, the ombudsman must not delegate a function to a person\nwho is not a public employee without first being satisfied that the\nfunction needs to be exercised by a person who is not a public\nemployee.\n\npublic employee includes—\n(a) a person appointed or employed under the Public Service\nAct 1999 (Cwlth); and\n(b) a deputy ombudsman under the Ombudsman Act 1976 (Cwlth).\nNote Public employee means a public servant, a person employed by a territory\ninstrumentality, or a statutory office-holder or a person employed by a\nstatutory office-holder (see the Legislation Act, dict, pt 1).\n","sortOrder":64},{"sectionNumber":"33","sectionType":"section","heading":"Officers to observe confidentiality","content":"33 Officers to observe confidentiality\n(1) In this section:\ninformation holder means—\n(a) the ombudsman; or\n(b) if the Commonwealth ombudsman is the ombudsman—a deputy\nombudsman under the Ombudsman Act 1976 (Cwlth); or\n(c) a person who is a member of the staff mentioned in section 30;\nor\n(d) a public servant mentioned in section 30AA; or\n(e) a contractor or consultant mentioned in section 30AB; or\n(f) an authorised person; or\n(g) a person who is delegated a function under section 32; or\n(h) any other person exercising a function in connection with\nthis Act.\n\n(2) Subject to this section, an information holder must not, either directly\nor indirectly, and either while the person is, or after ceasing to be, an\ninformation holder, make a record of, or divulge or communicate to\nany person, any information acquired because of the person being an\ninformation holder, being information that was disclosed or obtained\nunder the provisions of this Act, including information provided by\nthe Commonwealth ombudsman or the ombudsman of a State or\ninformation disclosed to or obtained by the ombudsman in the\nexercise of a power of the Commonwealth ombudsman or of the\nombudsman of a State.\nMaximum penalty: 50 penalty units, imprisonment for 6 months, or\nboth.\n(3) Subsection (2) does not prevent an information holder—\n(a) from making a record of, or divulging or communicating to any\nperson, information acquired in the performance of the\ninformation holder’s functions as an information holder for\npurposes connected with the exercise of the powers and the\nperformance of the functions of the ombudsman under this Act;\nor\n(b) from divulging or communicating information to a person—\n(i) if the information was provided by an information holder\nof an agency in the performance of the person’s duties as\nsuch an information holder—with the consent of the\nprincipal information holder of the agency or of the\nresponsible Minister of the agency; or\n(ii) if the information was provided by a person otherwise than\nas set out in subparagraph (i)—with the consent of the\nperson who provided the information.\n\n(4) Subsection (2) does not prevent the ombudsman from disclosing, in a\nreport prepared under the Annual Reports (Government Agencies)\nAct 2004, matters that, in the ombudsman’s opinion, should be\ndisclosed in the course of setting out the grounds for the conclusions\nand recommendations contained in the report.\n(5) Where the ombudsman proposes, for purposes connected with the\nexercise of powers or performance of functions under this Act, to\nprovide information, or to send a document, or a copy of or extract\nfrom a document, to the Commonwealth ombudsman or the\nombudsman of a State, the ombudsman must satisfy himself or herself\nthat a law of the Commonwealth or the State makes provision\ncorresponding to the provision made by this section with respect to\nthe confidentiality of information acquired by the Commonwealth\nombudsman or the ombudsman of the State, as the case may be.\n(6) A person who is or has been an information holder is not compellable,\nin any proceedings before a court or before a person authorised by a\nlaw, or by consent of parties, to hear, receive and examine evidence,\nto disclose any information acquired because of the person’s being or\nhaving been an information holder, being information that was\ndisclosed or obtained under the provisions of this Act.\n","sortOrder":65},{"sectionNumber":"34","sectionType":"section","heading":"Disclosure of information by ombudsman","content":"34 Disclosure of information by ombudsman\n(1) Nothing in this Act precludes the ombudsman from disclosing\ninformation or making a statement to any person or to the public or a\nsection of the public with respect to the performance of the functions\nof, or an investigation by, the ombudsman under this Act if, in the\nopinion of the ombudsman, it is in the interests of any agency or\nperson, or is otherwise in the public interest, so to disclose that\ninformation or to make that statement.\n\n(2) The ombudsman must not disclose information or make a statement\nunder subsection (1) with respect to a particular investigation where\nthe disclosure of that information, or the making of that statement, is\nlikely to interfere with the carrying out of that or any other\ninvestigation or the making of a report under this Act.\n(3) The ombudsman must not, in disclosing information or making a\nstatement under subsection (1) with respect to a particular\ninvestigation—\n(a) set out opinions that are, either expressly or impliedly, critical\nof an agency or person unless the ombudsman has complied with\nsection 9 (6) in relation to the investigation; or\n(b) disclose the name of a complainant or any other matter that\nwould enable a complainant to be identified unless it is fair and\nreasonable in all the circumstances to do so.\n(4) This section has effect notwithstanding sections 9 (3) and 33.\n","sortOrder":66},{"sectionNumber":"34A","sectionType":"section","heading":"Ombudsman may disclose child safety information","content":"34A Ombudsman may disclose child safety information\n(1) The ombudsman may, if the ombudsman is satisfied on reasonable\ngrounds that information received by the ombudsman under this Act\nis relevant to the safety, health or wellbeing of a child or class of child,\ndisclose the information to any of the following:\n(a) the chief police officer;\n(b) a law enforcement agency;\n(c) the human rights commission;\n(d) the director-general responsible for the Children and Young\nPeople Act 2008, other than that Act, chapter 20;\n(e) the director-general responsible for the Education Act 2004;\n(f) the director-general responsible for the Education and Care\nServices National Law (ACT);\n\n(g) the chief executive officer of the ACT Teacher Quality Institute;\n(h) the commissioner for fair trading;\n(i) the director-general responsible for the Health Act 1993;\n(j) any other entity prescribed by regulation.\nACT Teacher Quality Institute means the institute established under\nthe ACT Teacher Quality Institute Act 2010, section 10.\nlaw enforcement agency—see the Spent Convictions Act 2000,\ndictionary.\n","sortOrder":67},{"sectionNumber":"35","sectionType":"section","heading":"Failing to comply with requirement under Act","content":"35 Failing to comply with requirement under Act\nA person must not refuse or fail, without reasonable excuse—\n(a) to attend before the ombudsman; or\n(b) to be sworn or make an affirmation; or\n(c) to provide information; or\n(d) to answer a question or produce a document or record;\nwhen so required under this Act.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n","sortOrder":68},{"sectionNumber":"36","sectionType":"section","heading":"Protection from civil actions","content":"36 Protection from civil actions\nCivil proceedings do not lie against a person in respect of loss,\ndamage or injury of any kind suffered by another person as a result of\nany of the following acts done in good faith:\n(a) the making of a complaint to the ombudsman under this Act;\n\n(b) the making of a statement to, or the giving of a document or\ninformation to, a person who is an information holder within the\nmeaning of section 33, for this Act, whether or not the statement\nwas made, or the document or information was given, under a\nrequirement under section 11 or an order under section 14.\n","sortOrder":69},{"sectionNumber":"37","sectionType":"section","heading":"Determination of fees and witness expenses etc","content":"37 Determination of fees and witness expenses etc\n(1) The Speaker may, after consulting with the ombudsman, determine—\n(a) fees and expenses payable to witnesses appearing before the\n(b) matters connected with those fees and expenses.\n(2) A determination is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n","sortOrder":70},{"sectionNumber":"37A","sectionType":"section","heading":"Assistance for Speaker","content":"37A Assistance for Speaker\nIn exercising a power under this Act, the Speaker may seek\nadministrative support or advice from—\n(a) the Office of the Legislative Assembly; or\n(b) an entity that is able to provide objective administrative support\nor advice.\n","sortOrder":71},{"sectionNumber":"38","sectionType":"section","heading":"Regulation-making power","content":"38 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n(2) The Executive must consult with the ombudsman and the relevant\nAssembly committee before making a regulation under this Act.\n\n(3) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation under this Act commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe motion is negatived; or\n(b) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• adult\n• bankrupt or personally insolvent\n• body\n• child\n• commissioner for fair trading\n• Commonwealth\n• coroner\n• director-general (see s 163)\n• exercise\n• function\n• head of service\n• human rights commission\n• judge\n• Legislative Assembly\n• magistrate\n• National Electricity (ACT) Law\n• public sector standards commissioner\n• public servant\n• public service\n• sitting day\n• Speaker\n• State\n• the Territory.\n\nagency means an administrative unit or a prescribed authority.\nauthorised person means a person appointed by the ombudsman to\nbe an authorised person for the purposes of this Act.\nchild sex offenders register—see the Crimes (Child Sex Offenders)\nAct 2005, section 117.\ndesignated entity, for division 2.2A (Reportable conduct)—see\nsection 17EA.\nemployee, of a designated entity, for division 2.2A (Reportable\nconduct)—see section 17EAC.\nenactment means an Act or subordinate law, but does not include the\nNational Electricity (ACT) Law or National Electricity (ACT)\nRegulation.\nhead, of a designated entity, for division 2.2A (Reportable\nconduct)—see section 17EAA.\ninvestigation, of a matter, for division 2.2A (Reportable conduct)—\nsee section 17D.\ninvestigation information for division 2.2A (Reportable conduct)—\nsee section 17D.\nofficer means—\n(a) in relation to an administrative unit—\n(i) a public servant (including the principal officer of that\nadministrative unit) who is a member of that administrative\nunit; or\n(ii) any other person (not being a Minister) authorised to\nexercise powers or perform functions on behalf of that\nadministrative unit by the principal officer of that\nadministrative unit; and\n\n(b) in relation to a prescribed authority—\n(i) the person who constitutes, or is acting as the person who\nconstitutes, the authority; or\n(ii) a person who is, or is acting as, a member of the authority\nor is a deputy of such a member; or\n(iii) a person who is employed in the service of, or is a member\nof the staff of, the authority, whether or not the person is\nemployed by the authority; or\n(iv) a person authorised by the authority to exercise any powers\nor perform any functions of the authority on behalf of the\nauthority.\nombudsman, of a State, includes a person exercising, under a law of\na State, functions similar to the functions exercised by the\nombudsman under part 2 (Establishment, functions, powers and\nduties of ombudsman).\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nout-of-home carer, for division 2.2A (Reportable conduct)—see\nsection 17D.\nprescribed authority means—\n(a) a body corporate, or an unincorporated body, established for a\npublic purpose by, or in accordance with the provisions of, an\nenactment, other than—\n(i) an incorporated company or association; or\n(ii) a body that, under section 3 (1) (Entities not necessarily\nprescribed authorities) or the regulations, is not a\nprescribed authority for the purposes of this Act; or\n(b) any other body, whether incorporated or unincorporated, that is\ndeclared by the regulations to be a prescribed authority for the\npurposes of this Act, being—\n(i) a body established by the Executive or by a Minister; or\n\n(ii) an incorporated company or association over which the\nTerritory is in a position to exercise control; or\n(c) subject to section 3 (2), the person holding, or performing the\nduties of, an office, other than the office of commissioner for\nsustainability and the environment, established by an enactment;\nor\n(d) a person holding, or performing the duties of, an office declared\nby the regulations to be an office the holder of which is a\nprescribed authority for the purposes of this Act, being an office\ncreated by the Executive or by a Minister otherwise than under\nan enactment; or\n(e) a territory-owned corporation or a subsidiary within the meaning\nof the Territory-owned Corporations Act 1990.\nprincipal officer means—\n(a) in relation to an administrative unit—the director-general of the\n(b) in relation to a prescribed authority—\n(i) if the regulations declare an office to be the principal office\nin respect of the authority—the person holding, or\nperforming the duties of, that office; or\n(ii) in the case of a territory-owned corporation or a subsidiary\nwithin the meaning of the Territory-owned Corporations\nAct 1990—the chief executive officer of the corporation or\nsubsidiary; or\n(iii) in any other case—the person who constitutes that\nauthority or a person acting in his or her office or, if the\nauthority is constituted by 2 or more persons, the person\nwho is entitled to preside at any meeting of the authority at\nwhich the person is present or a person acting in his or her\noffice.\n\nrelevant Assembly committee means the standing committee of the\nLegislative Assembly whose functions include the examination of\nmatters related to corruption and integrity in public administration.\nreportable allegation, for division 2.2A (Reportable conduct)—see\nsection 17EAB.\nreportable conduct, for division 2.2A (Reportable conduct)—see\nsection 17E.\nreportable conviction, in relation to a person, for division 2.2A\n(Reportable conduct)—see section 17D.\nresponsible Minister means—\n(a) in relation to an agency—the Minister responsible for the\nagency; or\n(b) in relation to a prescribed authority mentioned in the definition\nof prescribed authority, paragraph (c)—the Minister\nadministering the enactment concerned; or\n(c) in relation to a prescribed authority mentioned in the definition\nof prescribed authority, paragraph (b) or (d)—the Minister\ndeclared by regulation to be the responsible Minister for that\nauthority; or\n(d) another Minister acting for and on behalf of a Minister\nmentioned in paragraph (a), (b) or (c).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Ombudsman Ordinance\n1989 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nLegislation before becoming Territory enactment\nOmbudsman Act 1989 A1989-45\nnotified 10 May 1989 (Gaz 1989 No S160)\ncommenced 11 May 1989 (s 2 and Gaz 1989 No S164)\nas amended by\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164)\nLegislation after becoming Territory enactment\nRoyal Commissions and Inquiries (Consequential Provisions) Act\n","sortOrder":72},{"sectionNumber":"1991","sectionType":"section","heading":"A1991-3 sch","content":"1991 A1991-3 sch\nnotified 1 March 1991 (Gaz 1991 No S7)\ns 1, s 2 commenced 1 March 1991 (s 2 (1))\nsch commenced 1 May 1991 (s 2 (2))\nOmbudsman (Amendment) Act 1993 A1993-38\nnotified 29 June 1993 (Gaz 1993 No S111)\ncommenced 1 July 1993 (s 2 and Gaz 1993 No S129)\n\nOmbudsman (Amendment) Act (No 2) 1993 A1993-97\nnotified 24 December 1993 (Gaz 1993 No S267)\ns 1, s 2 commenced 24 December 1993 (s 2 (1))\nremainder (ss 3-6) commenced 24 June 1994 (s 2 (2))\nJudicial Commissions (Consequential Amendments) Act 1994\nA1994-10 s 8\nnotified 14 March 1994 (Gaz 1994 No S44)\ncommenced 14 March 1994 (s 2))\nStatute Law Revision Act 1994 A1994-26 sch\nnotified 31 May 1994 (Gaz 1994 No S93)\ncommenced 31 May 1994 (s 2))\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 63\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 63 commenced 1 July 1994 (Gaz 1994 No S142)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (Gaz 1994 No S269)\nPublic Interest Disclosure Act 1994 A1994-108 s 39\nnotified 22 December 1994 (Gaz 1994 No S289)\ns 1, s 2 commenced 22 December 1994 (s 2 (1))\ns 39 commenced 21 June 1995 (Gaz 1995 No S126)\nElectricity and Water (Corporatisation) (Consequential Amendments)\nAct 1995 A1995-7 sch\nnotified 28 June 1995 (Gaz 1995 No S148)\ncommenced 1 July 1995 (s 2)\n\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2))\nOmbudsman (Amendment) Act 1996 A1996-17\nnotified 1 May 1996 (Gaz 1996 No S71)\ncommenced 1 May 1996 (s 2))\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nCommunity and Health Services Complaints (Amendment) Act 1997\nA1997-50 sch 2\nnotified 19 September 1997 (Gaz 1997 No S264)\nss 1-3 commenced 19 September 1997 (s 2 (1))\nsch 2 commenced 3 October 1997 (Gaz 1997 No S288)\nElectricity (National Scheme) (Consequential Amendments) Act 1997\nA1997-80 sch\nnotified 25 November 1997 (Gaz 1997 No S360)\ncommenced 13 December 1998 (s 2 and Gaz 1998 No S209)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 11\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nsch 1 pt 11 commenced 1 January 2001 (Gaz 2000 No S69)\nSubordinate Laws Amendment Act 2000 A2000-71 sch 2\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\nsch 2 commenced 21 June 2001 (IA s 10C)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 269\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 269 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.25\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.25 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.61\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.61 commenced 9 April 2004 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 14\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 14 commenced 13 July 2004 (s 2 (3))\nUtilities Amendment Act 2005 A2005-14 s 20\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\ns 20 commenced 24 September 2005 (s 2 and LA s 79)\nCrimes (Child Sex Offenders) Act 2005 A2005-30 sch 3\nnotified LR 29 June 2005\ns 1, s 2 commenced 29 June 2005 (LA s 75 (1))\nsch 3 commenced 29 December 2005 (s 2 and LA s 79)\n\nHuman Rights Commission Legislation Amendment Act 2005\nA2005-41 sch 1 pt 1.10 (as am by A2006-3 amdt 1.3)\nnotified LR 1 September 2005\ns 1, s 2 commenced 1 September 2005 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 November 2006 (s 2 (3) (as am by\nA2006-3 amdt 1.3) and see Human Rights Commission Act 2005\nA2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21)\nHuman Rights Commission (Children and Young People\nCommissioner) Amendment Act 2005 A2005-46 sch 1 pt 1.2 (as am by\nA2006-3 amdt 1.2)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 November 2006 (s 2 (as am by A2006-3\namdt 1.2) and see Human Rights Commission Act 2005 A2005-40,\ns 2 (as am by A2006-3 s 4) and CN2006-21)\nPublic Advocate Act 2005 A2005-47 sch 1 pt 1.8 (as am by A2006-3\namdt 1.8)\nnotified LR 2 September 2005\ns 1, s 2 commenced 2 September 2005 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 March 2006 (s 2 (1) as am by A2006-3\namdt 1.8)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.18\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.18 commenced 11 January 2006 (s 2 (1))\nHuman Rights Commission Legislation Amendment Act 2006\nA2006-3 amdts 1.2, 1.3, 1.8\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\namdts 1.2, 1.3, 1.8 commenced 23 February 2006 (s 2)\nNote This Act only amends the Human Rights Commission\nLegislation Amendment Act 2005 A2005-41, Human Rights\nCommission (Children and Young People Commissioner)\nAmendment Act 2005 A2005-46 and the Public Advocate\nAct 2005 A2005-47\n\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.72\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.72 commenced 12 April 2007 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.7\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 29 July 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.42\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.42 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.79\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.79 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.16\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.16 commenced 28 September 2010 (s 2 (2))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.117\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.117 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.40\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.40 commenced 12 December 2011 (s 2)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.32\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.32 commenced 5 June 2012 (s 2 (1))\nCommissioner for the Environment Amendment Act 2012 A2012-25\nsch 1 pt 1.3\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\nsch 1 pt 1.3 commenced 29 May 2012 (s 2)\nPublic Interest Disclosure Act 2012 A2012-43 s 105, s 106\nnotified LR 5 September 2012\ns 1, s 2 commenced 5 September 2012 (LA s 75 (1))\ns 105, s 106 commenced 1 February 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 1 pt 1.2, sch 3 pt 3.31\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 1 pt 1.2, sch 3 pt 3.31 commenced 14 June 2013 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\npt 4\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\npt 4 commenced 1 July 2014 (s 2)\nJudicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.6\n(as am by A2015-52 s 28)\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 February 2017 (s 2 (as am by A2015-52\ns 28))\nCourts Legislation Amendment Act 2015 A2015-10 pt 14\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 14 commenced 21 April 2015 (s 2 (2))\n\nCrimes (Child Sex Offenders) Amendment Act 2015 A2015-35 sch 1\npt 1.4\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\nsch 1 pt 1.4 commenced 2 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.25\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.25 commenced 9 December 2015 (s 2)\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 10 (s 28) commenced 10 December 2015 (s 2 (2))\nNote Pt 10 (s 28) only amends the Judicial Commissions\nAmendment Act 2015 A2015-1\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.30\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.30 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nReportable Conduct and Information Sharing Legislation Amendment\nAct 2016 A2016-39 pt 3\nnotified LR 17 August 2016\ns 1, s 2 commenced 17 August 2016 (LA s 75 (1))\npt 3 commenced 1 July 2017 (s 2 (2) and CN2017-2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.52\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.52 commenced 1 September 2016 (s 2)\n\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.19 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.19 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nLegislative Assembly Legislation Amendment Act 2017 A2017-41 pt 7\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\npt 7 commenced 14 November 2017 (s 2)\nInspector of Correctional Services Act 2017 A2017-47 sch 2 pt 2.4\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nsch 2 pt 2.4 commenced 8 December 2017 (s 2 (1))\nReportable Conduct and Information Sharing Legislation Amendment\nAct 2017 A2017-48 pt 3\nnotified LR 12 December 2017\ns 1, s 2 commenced 12 December 2017 (LA s 75 (1))\npt 3 commenced 13 December 2017 (s 2)\nOmbudsman Amendment Act 2018 A2018-22\nnotified LR 14 June 2018\ns 1, s 2 commenced 14 June 2018 (LA s 75 (1))\nremainder commenced 1 July 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.4\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.4 commenced 22 November 2018 (s 2 (1))\n\nRoyal Commission Criminal Justice Legislation Amendment Act 2019\nA2019-6 pt 5\nnotified LR 27 March 2019\ns 1, s 2 commenced 27 March 2019 (LA s 75 (1))\ns 3 commenced 28 March 2019 (LA s 75AA)\ns 15 commenced 28 March 2019 (s 2 (1))\npt 5 remainder commenced 1 September 2019 (s 2 (2) and\nCN2019-15)\nPublic Interest Disclosure Amendment Act 2020 A2020-46 sch 1\npt 1.3\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 March 2021 (s 2 and LA s 79)\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.17\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.17 commenced 6 April 2022 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.11\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.11 commenced 30 September 2023 (s 2)\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 sch 1 pt 1.6\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nsch 1 pt 1.6 commenced 18 September 2024 (s 2 (1))\nTerritory Records (Executive Records) Amendment Act 2026 A2026-3\nsch 1\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\nsch 1 commenced 9 March 2026 (s 2)\n\nTitle\ntitle am A1996-17 s 4\nName of Act\ns 1 sub A2005-41 amdt 1.115\ns 2 om A2001-44 amdt 1.3062\nins A2007-3 amdt 3.385\nam A2011-52 amdt 3.145\nNotes\ns 2A ins A2007-3 amdt 3.385\nOffence against Act—application of Criminal Code etc\ns 2B ins A2016-39 s 7\nEntities not necessarily prescribed authorities\ns 3 am A1994-38 sch 1\ndefs reloc to dict A2007-3 amdt 3.384\nsub A2007-3 amdt 3.385\ndef commissioner ins A1993-38 s 4\nom A1996-17 s 5\ndef commissioner for health complaints ins A1993-97 s 4\nom A1996-17 s 5\ndef department om A1994-38 sch 1\ndef ombudsman om A1996-17 s 5\nConduct by person taken as conduct by administrative unit\ns 3A orig s 3A\nrenum as s 3C\npres s 3A\nins A2007-3 amdt 3.385\nam A2011-22 amdt 1.343\nConduct by person taken as conduct by prescribed authority\ns 3B ins A2007-3 amdt 3.385\nApplication of Act—National Electricity (ACT) Law\ns 3C (prev s 3A) ins A1997-80 sch\nsub A2005-62 amdt 3.170\nrenum as s 3C A2007-3 amdt 3.386\nam A2012-21 amdt 3.125; A2013-19 amdts 3.212-3.214\nEstablishment of office of ombudsman\ns 4 am A1994-108 s 39; A1996-17 s 6\nsub A2005-30 amdt 3.1\n\nOfficer of the Legislative Assembly\ns 4A orig s 4A\nrenum as s 4C\npres s 4A\nins A2013-41 s 47\nam A2017-41 ss 25-27\nIndependence of ombudsman\ns 4B ins A2013-41 s 47\nFunctions—generally\ns 4C (prev s 4A) ins A2005-30 amdt 3.1\nam A2012-43 s 105\nrenum as s 4C A2013-41 s 46\nam A2015-35 amdt 1.18; pars renum R29 LA; A2016-55 amdt\n4.28; pars renum R39 LA; A2026-3 amdt 1.1; pars renum\nR49 LA\nFunctions—investigating complaints under Act\ns 5 hdg sub A2005-30 amdt 3.2\ns 5 am A1991-3 sch; A1994-38 s 5; A1993-97 s 5; A1994-10 s 8;\nA1994-38 sch 1; A1996-17 s 7; A1997-50 sch 2; A2000-66\nsch 1; A2000-71 amdt 2.2; A2001-44 amdt 1.3063; R5 LA;\nA2004-32 s 92; pars renum R8 LA (see A2004-32 s 93);\nA2005-14 s 20; A2005-41 amdts 1.117-1.119; A2005-46\namdts 1.2-1.4; A2008-22 amdt 1.37; A2008-37 amdt 1.340;\nA2012-25 amdt 1.3; A2012-43 s 106; ss renum R24 LA;\nA2015-10 s 37; A2015-50 amdt 3.127, amdt 3.134; A2015-1\namdt 1.6; A2016-39 s 8; pars, ss renum R35 LA; A2017-47\namdt 2.18; A2017-48 ss 22-25; A2016-55 amdt 4.29;\nA2020-46 amdt 1.9; A2023-37 amdt 1.17, amdt 1.18;\nA2024-41 amdt 1.19; A2026-3 amdt 1.2\nDiscretion not to investigate certain complaints\ns 6 am A2015-50 amdt 3.134\nDiscretion to refer complaint to another statutory office-holder\ns 6A ins A1996-17 s 8\nsub A2008-28 amdt 3.115\nMandatory referral of complaints to other entities\ns 6B hdg sub A2008-28 amdt 3.116\ns 6B (prev s 37A) ins A1993-38 s 6\nrenum and reloc A1996-17 s 10\nsub A1993-97 s 6\nam A1996-17 s 9; A1997-50 sch 2\nsub A2000-66 sch 1\nam A2005-47 amdt 1.2; A2005-41 amdt 1.120; A2008-22\namdt 1.38; A2008-37 amdt 1.341; pars renum R18 LA;\nA2012-25 amdt 1.4; A2016-13 amdt 1.105\n\nComplaints\ns 7 am A1994-26 sch\nInvestigations\ns 9 am A1994-38 sch 1; A2011-22 amdt 1.344; A2015-50\namdt 3.134; A2016-52 amdt 1.137; pars renum R33 LA\nArrangements with another ombudsman\ns 10 am A2018-42 amdt 1.5\nPower to obtain information and documents\ns 11 am A2004-15 amdt 2.133; A2013-41 s 48; ss renum R26 LA;\nA2015-50 amdt 3.134\nUnreasonable delay in exercising power\ns 12 am A1994-60 sch 1; A2008-37 amdt 1.342; A2015-50\namdt 3.134\nReferring questions to ACAT\ns 13 am A1994-60 sch 1\nsub A2008-37 amdt 1.343\nam A2011-52 amdt 3.146\nPowers of Supreme Court\ns 14 am A2015-50 amdt 3.134\nComplainant and agency to be informed\ns 15 am A2015-50 amdt 3.128, amdt 3.134\nPower to enter premises\ns 17 am A2013-41 s 49; A2015-50 amdt 3.129\nMonitoring police compliance with Crimes (Child Sex Offenders) Act 2005\ndiv 2.1A hdg renum as div 2.2 hdg\nMonitoring police compliance with Crimes (Child Sex Offenders) Act 2005\ndiv 2.2 hdg orig div 2.2 hdg renum as div 2.3 hdg\n(prev div 2.1A hdg) ins A2005-30 amdt 3.3\nrenum R10 LA (see A2005-30 amdt 3.5)\nWhat is the child sex offenders register?\ns 17A ins A2005-30 amdt 3.3\nPolice to give ombudsman reasonable assistance\ns 17B ins A2005-30 amdt 3.3\nsub A2015-35 amdt 1.19\nPower to enter police premises\ns 17C ins A2005-30 amdt 3.3\nam A2015-35 amdt 1.20\nReportable conduct\ndiv 2.2A hdg ins A2016-39 s 9\n\nDefinitions—div 2.2A\ns 17D ins A2016-39 s 9\nam A2017-48 s 29\ndef designated entity ins A2016-39 s 9\nsub A2017-48 s 26\ndef employee ins A2016-39 s 9\nsub A2017-48 s 27\nam A2018-22 s 4; pars renum R40 LA\ndef head ins A2016-39 s 9\nam A2018-22 s 5\ndef investigation ins A2016-39 s 9\ndef investigation information ins A2016-39 s 9\ndef out-of-home carer ins A2016-39 s 9\ndef religious body reloc from s 17EA (2) A2019-6 s 13\ndef reportable allegation ins A2016-39 s 9\ndef reportable conduct ins A2017-48 s 28\ndef reportable conviction ins A2016-39 s 9\nMeaning of reportable conduct—div 2.2A\ns 17E ins A2016-39 s 9\nMeaning of designated entity—div 2.2A\ns 17EA ins A2017-48 s 30\nam A2018-22 s 6, s 7; pars renum R40 LA; A2019-6 s 13\nMeaning of head of a designated entity—div 2.2A\ns 17EAA ins A2019-6 s 14\nMeaning of reportable allegation—div 2.2A\ns 17EAB ins A2019-6 s 14\nMeaning of employee—div 2.2A\ns 17EAC ins A2019-6 s 14\nDesignated entity to have practices and procedures to deal with reportable\nconduct\ns 17EB ins A2017-48 s 30\nOmbudsman must monitor designated entity\ns 17F ins A2016-39 s 9\nDesignated entity must report to ombudsman\ns 17G ins A2016-39 s 9\nInformation may be disclosed to ombudsman\ns 17H hdg sub A2017-48 s 31\ns 17H ins A2016-39 s 9\nam A2017-48 s 32\n\nOmbudsman may monitor investigation\ns 17I ins A2016-39 s 9\nDesignated entity must report outcome of investigation\ns 17J ins A2016-39 s 9\nOmbudsman may conduct own investigation\ns 17K ins A2016-39 s 9\nInvestigation information may be disclosed to child, parent and carer\ns 17L ins A2016-39 s 9\nOmbudsman may give information to commissioner for fair trading\ns 17M ins A2016-39 s 9\nHuman rights commission may give information to ombudsman\ns 17N ins A2016-39 s 9\nProtection of disclosures made under this division\ns 17O ins A2016-39 s 9\nOffence—false allegation\ns 17P ins A2016-39 s 9\nReports\ndiv 2.3 hdg (prev div 2.2 hdg) renum R10 LA (see A2005-30 amdt 3.5)\nReports by ombudsman\ns 18 am A2015-50 amdt 3.130, amdt 3.134\nReports to Speaker\ns 19 sub A2013-41 s 50\nSpecial reports to Legislative Assembly\ns 20 om A2013-41 s 50\nReports on police compliance with Crimes (Child Sex Offenders) Act 2005\ns 20A ins A2005-30 amdt 3.4\nam A2015-35 amdt 1.21; pars renum R29 LA\nReports to the Legislative Assembly\ns 21 hdg am A1995-25 note\ns 21 am A1995-25 sch; A2007-3 amdt 3.387; A2013-41 ss 51-54\nAppointment\ns 22 am A2007-3 amdt 3.388\nsub A2013-41 s 55\nam A2016-52 amdt 1.138; A2017-41 s 28, s 29; pars renum\nR36 LA\nTenure of office\ns 23 am A2007-3 amdt 3.389; A2013-19 amdt 1.2\n\nTerms of appointment\ns 24 hdg sub A2013-41 s 56\ns 24 am A1997-41 sch 1; A2013-41 s 56; ss renum R26 LA\nOath or affirmation of office\ns 24A ins A2013-41 s 57\nDisclosure of interests\ns 24B ins A2013-41 s 57\nOmbudsman must not do inconsistent work etc\ns 24C ins A2013-41 s 57\nLeave of absence\ns 25 am A2013-41 s 58; A2015-50 amdt 3.131\nResignation\ns 26 om A2007-3 amdt 3.390\nRetirement\ns 27 sub A2013-41 s 59\nResignation\ns 28 am A2007-3 amdts 3.391-3.393; A2010-30 amdt 1.43\nsub A2013-41 s 59\nSuspension—generally\ns 28A ins A2013-41 s 59\nam A2015-50 amdt 3.132; A2016-52 amdt 1.139\nSuspension—relevant Assembly committee notice and meetings\ns 28B ins A2013-41 s 59\nSuspension—ending suspension\ns 28C ins A2013-41 s 59\nam A2015-50 amdt 3.132\nEnding of appointment\ns 28D ins A2013-41 s 59\nam A2015-50 amdt 3.133\nActing appointment\ns 29 sub A2007-3 amdt 3.394\nam A2013-41 s 60\nOmbudsman’s staff\ns 30 sub A2013-41 s 61; A2016-52 amdt 1.140\nArrangements for staff and facilities\ns 30AA ins A2018-42 amdt 1.6\nContractors and consultants\ns 30AB ins A2018-42 amdt 1.6\n\nDirection to ombudsman’s staff\ns 30A ins A2016-52 amdt 1.140\nOmbudsman not to be sued\ns 31 am A2007-3 amdt 3.395\nDelegation by ombudsman\ns 32 am A2012-21 amdt 3.126\nsub A2013-41 s 62\nam A2016-52 amdt 1.141\nsub A2018-42 amdt 1.7\nOfficers to observe confidentiality\ns 33 am A1994-81 sch; A1995-25 sch; A2004-9 amdt 1.33;\nA2013-41 s 63; ss renum R26 LA; A2015-50 amdt 3.134;\nA2018-42 amdts 1.8-1.15; ss renum R41 LA\nDisclosure of information by ombudsman\ns 34 am A2013-41 s 64; A2015-50 amdt 3.134\nOmbudsman may disclose child safety information\ns 34A ins A2017-48 s 33\nFailing to comply with requirement under Act\ns 35 hdg sub A2004-15 amdt 2.134\ns 35 am A1994-81 sch; A2004-15 amdt 2.135, amdt 2.136;\nA2015-50 amdt 3.134\nProtection from civil actions\ns 36 am A2018-42 amdt 1.15\nDetermination of fees and witness expenses etc\ns 37 am A2013-41 s 65\nAssistance for Speaker\ns 37A reloc and renum as s 6B A1996-17 s 10\nins A2017-41 s 30\nDetermination of fees and witness expenses etc\ns 37 sub A2001-44 amdt 1.3064\nam A2011-52 amdt 3.147\nRegulations\ns 38 am Ord1989-38 sch\nsub A2001-44 amdt 1.3064\nam A2013-41 s 66\nTransitional—Officers of the Assembly Legislation Amendment Act 2013\npt 10 hdg ins A2013-41 s 67\n\nExisting appointment of ombudsman\ns 50 ins A2013-41 s 67\nExpiry—pt 10\ns 51 ins A2013-41 s 67\nTransitional—Ombudsman Amendment Act 2018\npt 11 hdg ins A2018-22 s 8\nReligious confession not reportable allegation\ns 52 ins A2018-22 s 8\nExpiry—pt 11\ns 53 ins A2018-22 s 8\nam A2019-6 s 15\ndict ins A2007-3 amdt 3.396\nam A2008-37 amdt 1.344; A2010-30 amdt 1.44; A2011-22\namdt 1.345; A2011-52 amdt 3.148; A2013-41 s 68; A2016-52\namdt 1.142; A2016-39 s 10; A2023-37 amdt 1.19\ndef agency am A1994-38 sch 1\ndef authorised person reloc from s 3 A2007-3 amdt 3.384\ndef child sex offenders register ins A2011-52 amdt 3.149\ndef designated entity ins A2016-39 s 11\nsub A2017-48 s 34\ndef employee ins A2016-39 s 11\nam A2019-6 s 16\ndef enactment am A1997-80 sch\nsub A2005-62 amdt 3.168\ndef head ins A2016-39 s 11\nam A2019-6 s 17\ndef investigation ins A2016-39 s 11\ndef investigation information ins A2016-39 s 11\ndef National Electricity (ACT) Law ins A2005-62 amdt 3.169\nom A2011-52 amdt 3.150\ndef officer am A1994-38 sch 1\ndef ombudsman ins A2007-3 amdt 3.396\n\ndef out-of-home carer ins A2016-39 s 11\ndef prescribed authority am A1991-3 sch; A1993-38 s 4;\nA1993-97 s 4; A1995-7 sch; A1996-17 s 5; A1997-50 sch 2;\nA2005-41 amdt 1.116; A2007-3 amdt 3.382, amdt 3.383\nam A2012-25 amdt 1.5\ndef principal officer am A1994-38 sch 1; A1996-17 s 5;\nA1997-50 sch 2\npars renum R19 LA\nam A2011-22 amdt 1.346\ndef relevant Assembly committee ins A2013-41 s 69\nsub A2022-4 amdt 1.56\ndef reportable allegation ins A2016-39 s 11\nam A2019-6 s 18\ndef reportable conduct ins A2016-39 s 11\ndef reportable conviction ins A2016-39 s 11\ndef responsible Minister reloc from s 3 A2007-3 amdt 3.384\nsub A2011-52 amdt 3.151\ndef taking of action ins A2007-3 amdt 3.396\nom A2011-52 amdt 3.152\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-3 31 August 1991\n2 A1993-38 31 August 1993\n3 A1995-7 31 January 1996\n4 A1997-80 28 February 1999\n5 A2001-44 16 November 2001\n5 (RI) A2001-44 ‡ 13 February 2003\n6 A2004-15 9 April 2004\n7 A2004-15 13 April 2004\n8 A2004-32 13 July 2004\n9 A2005-47 24 September 2005\n10 A2005-47 29 December 2005\n11 A2005-62 11 January 2006\n12 A2006-3 23 February 2006\n13 A2006-3 1 March 2006\n14 A2006-3 1 November 2006\n15 A2007-3 12 April 2007\n16 A2008-22 29 July 2008\n17 A2008-28 26 August 2008\n18* A2008-37 2 February 2009\n19 A2010-30 28 September 2010\n20 A2011-22 1 July 2011\n21 A2011-52 12 December 2011\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n22 A2012-25 29 May 2012\n23 A2012-25 5 June 2012\n24 A2012-43 1 February 2013\n25 A2013-19 14 June 2013\n26 A2013-41 1 July 2014\n27 A2015-10 21 April 2015\n28 A2015-10 2 July 2015\n29 A2015-35 2 October 2015\n30 A2015-50 9 December 2015\n31 A2015-50 10 December 2015\n32 A2016-13 1 April 2016\n33 A2016-52 1 September 2016\n34 A2016-52 1 February 2017\n35 A2016-52 1 July 2017\n36 A2017-41 14 November 2017\n37 A2017-47 8 December 2017\n38 A2017-48 13 December 2017\n39 A2017-48 1 January 2018\n40 A2018-22 1 July 2018\n41 A2018-42 22 November 2018\n42 A2019-6 28 March 2019\n43 A2019-6 1 September 2019\n44 A2019-6 2 September 2019\n45 A2020-46 4 March 2021\n46 A2022-4 6 April 2022\n47 A2023-37 30 September 2023\n48 A2024-41 18 September 2024\n‡ includes retrospective amendments by A2002-49\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":73}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially broadened from a classical administrative‑complaints Ombudsman to include substantial child‑safety and information‑sharing functions. The addition of the reportable‑conduct regime (div 2.2A: ss 17D–17K and related provisions), mandatory reporting duties for designated entities, Ombudsman powers to monitor police compliance with the Child Sex Offenders framework (ss 17A–17C, 20A), and new information‑disclosure rules (s 34A; s 17O) extend the Ombudsman’s remit well beyond general administrative review. These additions (introduced across amendments since 2016 and 2017) shift compliance burdens onto specific external entities and create new inter-agency information flows and enforcement mechanisms that were not part of the original 1989 Ombudsman design."},"complexity_factors":["Lengthy Act with multiple Parts and Divisions (Parts 1–4, multiple Divisions including a substantial div 2.2A on reportable conduct)","Large dictionary with numerous cross-references to other ACT, State and Commonwealth laws (eg Freedom of Information Act 2016, Public Interest Disclosure Act 2012, Crimes (Child Sex Offenders) Act 2005)","Many defined terms and layered definitions (designated entity, reportable conduct, reportable allegation, employee, head, investigation information) in ss 17D–17EAC and the Dictionary","Substantial conditional logic and exceptions (detailed exclusions in s 5(2); multiple discretionary tests in s 6 with nested subrules)","Interlocking information‑sharing and confidentiality rules with criminal and civil penalties (ss 33, 17O, 35, 36)","Compulsory powers balanced by enforcement routes to the Supreme Court and limits on admissibility (ss 11–14)","Procedures for appointment, suspension, review and removal involving the Speaker, Assembly committees and the Legislative Assembly with timing constraints (ss 22–29, 28B–28D)","Cross-agency coordination mechanisms and mandatory referrals (ss 6A, 6B, 10, 17M, 17N)","Multiple modes of investigation and reporting (private investigations, monitoring, own-initiative investigations, mandatory reporting by entities) with differing disclosure rules (ss 9, 17F–17K, 18–21)","Extensive amendment history and transitional provisions — the Act has been expanded several times (history in endnotes), increasing interpretive complexity"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes the Office of the Ombudsman for the ACT and declares it an independent officer of the Legislative Assembly (s 4, s 4A).\n- Lists the Ombudsman’s functions: receive and investigate complaints about administration, exercise functions under related laws (Freedom of Information, Public Interest Disclosure, Territory Records), and monitor police compliance with parts of the Crimes (Child Sex Offenders) Act (s 4C, s 5, s 4C(f)-(g)).\n- Sets out how complaints are made, preliminarily screened and investigated; gives the Ombudsman powers to require information and documents, compel attendance and administer oaths, enter agency premises and inspect material (ss 7–11, 16–17).\n- Defines limits and exclusions on what the Ombudsman may investigate (for example, Ministers, judges, coroners, some tribunal deliberative functions and certain employment matters) and creates discretions not to investigate in specified circumstances (s 5(2); s 6).\n- Gives the Ombudsman reporting powers: formal reports to agencies (with recommendations), referral to the Chief Minister or Speaker where agencies do not act, and periodic reports to the Legislative Assembly (ss 18–21, 19).\n- Creates a statutory regime for “reportable conduct” (child-safety related allegations) applying to a specified set of organisations (“designated entities”) — duties for those entities to have policies, to report allegations and investigation outcomes to the Ombudsman, and powers for the Ombudsman to monitor or run investigations (div 2.2A, ss 17D–17K).\n- Provides confidentiality rules for Ombudsman staff and defines permitted disclosures (s 33; s 34; s 34A for child safety information). It also creates civil and criminal protections and limited immunities for acting under the Act (ss 31, 35–36, 17O).\n- Prescribes appointment, tenure, removal, suspension and acting arrangements for the Ombudsman, and sets rules on staff, delegation, contractors and administrative supports (Part 3, ss 22–32, 30, 30AB).\n- Confers ancillary powers: to make arrangements with other ombudsmen, to refer legal questions to ACAT, to apply to the Supreme Court to enforce information notices, and to make regulations (ss 10, 13, 14, 38).\n\nWho is affected\n\n- Members of the public and businesses who want administrative decisions or actions of ACT government agencies reviewed (complainants) (ss 5–9).\n- ACT public agencies, administrative units and prescribed authorities whose administrative action can be investigated (many definitions in the dictionary; ss 3A–3C; s 11).\n- Designated entities that work with children (government schools, health services, childcare, religious bodies, foster/residential care organisations and similar) — they must maintain child-safety procedures and report allegations and outcomes to the Ombudsman (div 2.2A: ss 17EA, 17EB, 17G, 17J).\n- Individual agency officers and employees who may be the subject of complaints or reportable-allegation investigations; they have procedural protections (e.g. opportunity to respond) but are also reportable to Ministers or relevant heads if misconduct is suspected (ss 9(6), 9(12), 17K).\n- The Legislative Assembly and its committees (appointment, suspension and reporting channels) (ss 22–29, 28B–28D).\n- Police and agencies dealing with the Child Sex Offenders register — required to give assistance and allow inspection in certain circumstances (ss 17A–17C).\n\nWhy it matters (claimed purpose and practical effects)\n\n- Officially: the Act provides an independent mechanism for review of administrative action, remedies and recommendations, and specialised oversight in child-safety and police compliance contexts (s 1; s 4C).\n\n- Practical effects and implementation mechanics to watch:\n  - Decision-making centralised in a single independent statutory officer with wide discretionary powers to open, decline or refer investigations (s 4B; s 5(1)(b); s 6; s 6A). That discretion concentrates gatekeeping power in the Ombudsman’s office and affects which complaints receive resource attention.\n  - The Act compels agencies and individuals to produce documents and answer questions (s 11) and provides a route to the Supreme Court to enforce non-compliance (s 14). That imposes compliance costs on agencies and potentially on third parties who must meet notices.\n  - The reportable-conduct regime expands oversight into child safety across multiple sectors by obliging designated entities to have prevention procedures, to report allegations and investigation outcomes, and to permit Ombudsman monitoring or parallel investigation (ss 17EB, 17G, 17J–17K). Those obligations shift administrative cost and record-keeping burdens onto the entities defined as designated (s 17EA).\n  - Information-sharing and confidentiality rules are carefully balanced: there are criminal penalties for improper disclosure (s 33(2)), but the Act authorises specified disclosures of child-safety information and protects disclosers acting in good faith (ss 17O, 34A). This creates legal channels to share sensitive information while limiting uncontrolled dissemination.\n  - The Ombudsman may refer matters to other statutory office-holders or must refer to particular bodies (s 6A, s 6B). That creates administrative coordination but also requires good inter-agency processes.\n\nIncentives, trade-offs and risk factors (mechanisms, not verdicts)\n\n- Who pays: agencies and designated entities bear compliance costs (staff training, policies, record-keeping, responding to notices). Courts may be used to enforce information orders, which creates legal costs. The Territory funds the Ombudsman’s office and its staffing (Part 3).\n- Who decides: the Ombudsman has broad discretion to open, continue, or stop investigations (s 4B, s 6). The Speaker and Assembly have roles in appointment, suspension and removal (ss 22, 28–28D). Ministers are consulted and may receive reports (s 9(10)–(11); s 19).\n- Behavioural effects: agencies may change record-keeping and reporting practices to avoid adverse findings; designated entities will need child-safety procedures and reporting systems (ss 17EB, 17F). Individuals may be deterred from making false allegations by the offence provision (s 17P).\n- Bureaucratic discretion and opportunity costs: many provisions leave timing and procedural choices to the Ombudsman (reports, investigations, disclosure, monitoring), which creates flexibility but also variability in practice (ss 9(3), 15, 34). Agencies lose predictability about when a matter will be escalated to public reporting (ss 19–20A).\n- Potential concentrated benefits/diffuse costs: affected complainants and children potentially benefit from remedial actions and oversight; the costs and administrative burdens are concentrated on agencies and designated entities (ss 18, 17EB–17J).\n- Implementation risks: effective operation requires resourcing, clear guidance to agencies about notice compliance and confidentiality, and interoperable processes for information sharing with other statutory offices (ss 11, 17N, 17M, 38).\n\nKey procedural safeguards and limits\n\n- Exclusions (who cannot be investigated) and time limits/discretionary filters are provided (s 5(2); s 6).\n- Before making critical adverse opinions, the Ombudsman must offer affected officers or agencies opportunities to be heard (s 9(6)).\n- Strict confidentiality rules are backed by penalty, but the Act also authorises defined disclosures for child safety and public interest (ss 33, 34, 34A, 17O).\n\nPractical takeaways (quick)\n\n- If you deal with ACT government decisions: the Ombudsman is the independent avenue to complain about administration (ss 5–9, 18–21).\n- If you run a school, childcare, religious body or health service: check whether you are a “designated entity”; if so, you must have child-safety procedures and reportable processes and be prepared for external monitoring (ss 17EA, 17EB, 17G).\n- If you are an agency officer: be aware of obligations to respond to Ombudsman notices and confidentiality protections/limits (ss 11, 33).\n\n(References in parentheses are to the relevant sections of the Act.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2188},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1989 purpose of investigating administrative complaints against government departments. Major scope expansions include: (1) the 2005 addition of police monitoring functions regarding child sex offender registers; (2) the 2016-2019 introduction of the reportable conduct scheme, which effectively makes the Ombudsman a regulator of child safety across non-government sectors (schools, religious bodies, childcare); and (3) statutory roles under the *Freedom of Information Act 2016* and *Public Interest Disclosure Act 2012*, transforming the office from a reactive complaint-handler into a proactive integrity and transparency agency with systemic oversight responsibilities."},"complexity_factors":["**Multi-layered functional schemes**: The Act operates three distinct regulatory regimes—(a) general administrative complaints, (b) police compliance monitoring (Division 2.2), and (c) the reportable conduct scheme for child protection (Division 2.2A)—each with different triggers, thresholds, and procedural rules.","**Extensive cross-referencing**: Heavy reliance on definitions and concepts imported from at least 10 other ACT statutes (e.g., *Crimes Act 1900*, *Children and Young People Act 2008*, *Education Act 2004*, *Public Sector Management Act 1994*, *Freedom of Information Act 2016*), requiring readers to navigate multiple legislative instruments.","**Nested definitions and exceptions**: Division 2.2A contains multi-level conditional definitions (e.g., \"reportable conduct\" is defined broadly in s 17E(1) but then excluded by s 17E(2) for \"reasonable discipline\" or \"trivial\" conduct, which themselves rely on further subjective criteria like \"characteristics of the child\").","**Detailed procedural safeguards**: Section 9(6) imposes complex natural justice requirements (opportunity to appear, make submissions) before the Ombudsman can issue critical opinions; sections 28A-28D prescribe a multi-step suspension process involving the Speaker, relevant Assembly committee, and Legislative Assembly resolutions with specific timing rules.","**Attribution rules for corporate conduct**: Sections 3, 3A, 3B and 3C create intricate rules determining when the actions of officers, contractors, or unincorporated bodies are attributed to \"agencies\" or \"prescribed authorities\" for the purposes of jurisdiction.","**49 republications and lengthy amendment history**: The Act has been substantially modified 49 times since 1989 (as shown in the endnotes), creating a dense patchwork of inserted provisions and renumbered sections that complicate historical tracing of provisions."],"plain_english_summary":"**What this law does**\n\nThis Act creates the position of **Ombudsman**—an independent watchdog who acts as an impartial referee between the public and ACT Government agencies. The Ombudsman investigates complaints, monitors specific police activities, and oversees child safety in organizations that work with children.\n\n**Three main jobs**\n\n1. **Fixing unfair government decisions**  \n   Anyone can complain if they believe an ACT agency (like a government department or public hospital) has acted unlawfully, unreasonably, or unfairly. The Ombudsman can investigate, demand documents, interview witnesses, and recommend the agency fix the problem or change its policies.  \n   *Exceptions*: The Ombudsman generally cannot investigate Ministers personally, judges, courts, tribunals, or purely internal employment disputes (unless they involve child safety).\n\n2. **Watching the police**  \n   The Ombudsman monitors how ACT Policing uses special powers under the *Crimes (Child Sex Offenders) Act 2005*—specifically, how they obtain warrants to search premises and how they manage the Child Sex Offenders Register.\n\n3. **Keeping children safe in organizations** (Reportable Conduct)  \n   Schools, childcare centres, hospitals, foster care agencies, and religious bodies (\"designated entities\") must report any allegations that their workers harmed a child. The Ombudsman monitors how these organizations handle these allegations, can conduct their own investigations, and shares information with child protection authorities and working-with-children check regulators.\n\n**How investigations work**\n\n- Investigations are **private** and conducted \"in such manner as the Ombudsman thinks fit\" (section 9).\n- The Ombudsman can **compel** people to provide documents or answer questions, even if those documents are usually confidential (section 11). However, information given to the Ombudsman generally cannot be used against that person in court (section 11(5)).\n- Before criticizing any agency or person in a report, the Ombudsman must give them a chance to respond (section 9(6)).\n- If an agency ignores recommendations, the Ombudsman can report to the Chief Minister and Speaker, and ultimately the report may be tabled in the Legislative Assembly (section 19).\n\n**Who the Ombudsman is**\n\nThe Ombudsman is an independent Officer of the Legislative Assembly (like a Member of Parliament, but independent). They are appointed for up to 7 years, can only be removed by the Assembly for misbehaviour or incapacity, and cannot be sued for actions taken honestly in the course of their duties (section 31)."}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-act-1989","history":"/api/acts/ombudsman-act-1989/history","analysis":"/api/acts/ombudsman-act-1989/analysis","conflicts":"/api/acts/ombudsman-act-1989/conflicts","importantCases":"/api/acts/ombudsman-act-1989/important-cases","documents":"/api/acts/ombudsman-act-1989/documents"}}