{"id":"qld:act-2001-073","name":"Ombudsman Act 2001","slug":"ombudsman-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"73 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":92332,"registerId":"qld-act-2001-073-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Ombudsman Act 2001 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines terms used in this Act.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Notes","content":"### sec.4 Notes\n\nA note in the text of this Act is part of the Act .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Objects of Act","content":"### sec.5 Objects of Act\n\nThe objects of this Act are—\nto give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and\nto improve the quality of decision-making and administrative practices and procedures in agencies.\ns 5 amd 2017 No. 17 s 171\n- (a) to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and\n- (b) to improve the quality of decision-making and administrative practices and procedures in agencies.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"How objects are to be achieved","content":"### sec.6 How objects are to be achieved\n\nThe objects of this Act are to be achieved by—\nrequiring an ombudsman to be appointed; and\nauthorising the ombudsman—\nto investigate administrative actions of agencies; and\nto make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and\nto provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.\ns 6 amd 2017 No. 17 s 172\n- (a) requiring an ombudsman to be appointed; and\n- (b) authorising the ombudsman— (i) to investigate administrative actions of agencies; and (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.\n- (i) to investigate administrative actions of agencies; and\n- (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and\n- (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.\n- (i) to investigate administrative actions of agencies; and\n- (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and\n- (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.","sortOrder":7},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Key concepts","content":"## Key concepts","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of administrative action","content":"### sec.7 Meaning of administrative action\n\nAn administrative action is any action about a matter of administration, and includes—\na decision and an act; and\na failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and\nthe formulation of a proposal or intention; and\nthe making of a recommendation, including a recommendation made to a Minister; and\nan action taken because of a recommendation made to a Minister.\nHowever, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action .\ns 7 amd 2003 No. 19 s 3 sch ; 2014 No. 21 s 94 (2) sch 2\n(sec.7-ssec.1) An administrative action is any action about a matter of administration, and includes— a decision and an act; and a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and the formulation of a proposal or intention; and the making of a recommendation, including a recommendation made to a Minister; and an action taken because of a recommendation made to a Minister.\n(sec.7-ssec.2) However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action .\n- (a) a decision and an act; and\n- (b) a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and\n- (c) the formulation of a proposal or intention; and\n- (d) the making of a recommendation, including a recommendation made to a Minister; and\n- (e) an action taken because of a recommendation made to a Minister.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of agency","content":"### sec.8 Meaning of agency\n\nAn agency is any of the following entities—\na department;\na local government;\na public authority.\nAn agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency.\nAn individual is not an agency under this Act only because the individual holds—\nan office the duties of which are performed as duties of employment as an officer of an agency; or\nan office of member of an agency; or\nan office established under an Act for the purposes of an agency.\nSee also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section.\ns 8 amd 2024 No. 3 s 48\n(sec.8-ssec.1) An agency is any of the following entities— a department; a local government; a public authority.\n(sec.8-ssec.2) An agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency.\n(sec.8-ssec.3) An individual is not an agency under this Act only because the individual holds— an office the duties of which are performed as duties of employment as an officer of an agency; or an office of member of an agency; or an office established under an Act for the purposes of an agency. See also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section.\n- (a) a department;\n- (b) a local government;\n- (c) a public authority.\n- (a) an office the duties of which are performed as duties of employment as an officer of an agency; or\n- (b) an office of member of an agency; or\n- (c) an office established under an Act for the purposes of an agency.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of public authority","content":"### sec.9 Meaning of public authority\n\nA public authority is any of the following entities—\nan entity, other than an individual, that is—\nestablished for a public purpose under an Act; or\nestablished by government for a public purpose under an Act;\nan entity created by the Governor in Council or a Minister;\nan entity, other than an individual, declared under a regulation to be a public authority and—\nsupported directly or indirectly by government funds or other help over which government is in a position to exercise control; or\nestablished under an Act;\nan individual holding an office established under an Act;\nan individual holding an appointment—\nmade by the Governor in Council or a Minister, other than under an Act; and\ndeclared under a regulation to be a public authority.\nHowever, none of the following is a public authority —\na department or part of a department;\na local government or part of a local government;\na court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform;\na registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions.\nThe entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) .\n(sec.9-ssec.1) A public authority is any of the following entities— an entity, other than an individual, that is— established for a public purpose under an Act; or established by government for a public purpose under an Act; an entity created by the Governor in Council or a Minister; an entity, other than an individual, declared under a regulation to be a public authority and— supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or established under an Act; an individual holding an office established under an Act; an individual holding an appointment— made by the Governor in Council or a Minister, other than under an Act; and declared under a regulation to be a public authority.\n(sec.9-ssec.2) However, none of the following is a public authority — a department or part of a department; a local government or part of a local government; a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform; a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions. The entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) .\n- (a) an entity, other than an individual, that is— (i) established for a public purpose under an Act; or (ii) established by government for a public purpose under an Act;\n- (i) established for a public purpose under an Act; or\n- (ii) established by government for a public purpose under an Act;\n- (b) an entity created by the Governor in Council or a Minister;\n- (c) an entity, other than an individual, declared under a regulation to be a public authority and— (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or (ii) established under an Act;\n- (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or\n- (ii) established under an Act;\n- (d) an individual holding an office established under an Act;\n- (e) an individual holding an appointment— (i) made by the Governor in Council or a Minister, other than under an Act; and (ii) declared under a regulation to be a public authority.\n- (i) made by the Governor in Council or a Minister, other than under an Act; and\n- (ii) declared under a regulation to be a public authority.\n- (i) established for a public purpose under an Act; or\n- (ii) established by government for a public purpose under an Act;\n- (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or\n- (ii) established under an Act;\n- (i) made by the Governor in Council or a Minister, other than under an Act; and\n- (ii) declared under a regulation to be a public authority.\n- (a) a department or part of a department;\n- (b) a local government or part of a local government;\n- (c) a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform;\n- (d) a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions. Note— The entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) .","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is included in meaning of administrative action of agency","content":"### sec.10 What is included in meaning of administrative action of agency\n\nAn administrative action of an agency includes—\nan administrative action taken by, in or for the agency; and\nan administrative action taken by or for an officer of the agency; and\nan administrative action taken for, or in the performance of functions conferred on, an agency, by an entity that is not an agency.\n- (a) an administrative action taken by, in or for the agency; and\n- (b) an administrative action taken by or for an officer of the agency; and\n- (c) an administrative action taken for, or in the performance of functions conferred on, an agency, by an entity that is not an agency.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"The ombudsman","content":"# The ombudsman","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Ombudsman","content":"### sec.11 Ombudsman\n\nThere is to be an ombudsman.\nThe ombudsman is an officer of the Parliament.\n(sec.11-ssec.1) There is to be an ombudsman.\n(sec.11-ssec.2) The ombudsman is an officer of the Parliament.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of ombudsman","content":"### sec.12 Functions of ombudsman\n\nThe functions of the ombudsman are—\nto investigate administrative actions of agencies—\non reference from the Assembly or a statutory committee of the Assembly; or\non complaint; or\non the ombudsman’s own initiative; and\nto consider the administrative practices and procedures of an agency whose actions are being investigated and to make recommendations to the agency—\nabout appropriate ways of addressing the effects of inappropriate administrative actions; or\nfor the improvement of the practices and procedures; and\nto consider the administrative practices and procedures of agencies generally, and to make recommendations or provide advice, training, information or other help to the agencies about ways of improving the quality of administrative practices and procedures; and\nto provide advice, training, information or other help to agencies, in particular cases, about ways of improving the quality of administrative practices and procedures; and\nthe other functions conferred on the ombudsman under this or any other Act.\ns 12 amd 2017 No. 17 s 173\n- (a) to investigate administrative actions of agencies— (i) on reference from the Assembly or a statutory committee of the Assembly; or (ii) on complaint; or (iii) on the ombudsman’s own initiative; and\n- (i) on reference from the Assembly or a statutory committee of the Assembly; or\n- (ii) on complaint; or\n- (iii) on the ombudsman’s own initiative; and\n- (b) to consider the administrative practices and procedures of an agency whose actions are being investigated and to make recommendations to the agency— (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or (ii) for the improvement of the practices and procedures; and\n- (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or\n- (ii) for the improvement of the practices and procedures; and\n- (c) to consider the administrative practices and procedures of agencies generally, and to make recommendations or provide advice, training, information or other help to the agencies about ways of improving the quality of administrative practices and procedures; and\n- (d) to provide advice, training, information or other help to agencies, in particular cases, about ways of improving the quality of administrative practices and procedures; and\n- (e) the other functions conferred on the ombudsman under this or any other Act.\n- (i) on reference from the Assembly or a statutory committee of the Assembly; or\n- (ii) on complaint; or\n- (iii) on the ombudsman’s own initiative; and\n- (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or\n- (ii) for the improvement of the practices and procedures; and","sortOrder":15},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Ombudsman’s functions for administrative action taken by entity that is not an agency","content":"### sec.12A Ombudsman’s functions for administrative action taken by entity that is not an agency\n\nThis section applies in relation to an entity—\nthat is not an agency; and\nthat takes administrative action of an agency as mentioned in section 10 (c) .\nThe functions of the ombudsman include—\nto investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency—\non reference from the Assembly or a statutory committee of the Assembly; or\non complaint; or\non the ombudsman’s own initiative; and\nto consider the administrative practices and procedures of the entity and make recommendations to the entity—\nabout appropriate ways of addressing the effects of inappropriate administrative actions; or\nfor the improvement of the administrative practices and procedures; and\nto provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures.\nHowever, the functions of the ombudsman apply only in relation to the entity’s decision-making, practices and procedures that relate to taking administrative action for, or in the performance of functions conferred on, the agency.\nFor applying this Act in relation to the functions of the ombudsman under this section—\nthe entity is taken to be an agency; and\nthis Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) .\ns 12A ins 2024 No. 3 s 49\n(sec.12A-ssec.1) This section applies in relation to an entity— that is not an agency; and that takes administrative action of an agency as mentioned in section 10 (c) .\n(sec.12A-ssec.2) The functions of the ombudsman include— to investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency— on reference from the Assembly or a statutory committee of the Assembly; or on complaint; or on the ombudsman’s own initiative; and to consider the administrative practices and procedures of the entity and make recommendations to the entity— about appropriate ways of addressing the effects of inappropriate administrative actions; or for the improvement of the administrative practices and procedures; and to provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures.\n(sec.12A-ssec.3) However, the functions of the ombudsman apply only in relation to the entity’s decision-making, practices and procedures that relate to taking administrative action for, or in the performance of functions conferred on, the agency.\n(sec.12A-ssec.4) For applying this Act in relation to the functions of the ombudsman under this section— the entity is taken to be an agency; and this Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) .\n- (a) that is not an agency; and\n- (b) that takes administrative action of an agency as mentioned in section 10 (c) .\n- (a) to investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency— (i) on reference from the Assembly or a statutory committee of the Assembly; or (ii) on complaint; or (iii) on the ombudsman’s own initiative; and\n- (i) on reference from the Assembly or a statutory committee of the Assembly; or\n- (ii) on complaint; or\n- (iii) on the ombudsman’s own initiative; and\n- (b) to consider the administrative practices and procedures of the entity and make recommendations to the entity— (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or (ii) for the improvement of the administrative practices and procedures; and\n- (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or\n- (ii) for the improvement of the administrative practices and procedures; and\n- (c) to provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures.\n- (i) on reference from the Assembly or a statutory committee of the Assembly; or\n- (ii) on complaint; or\n- (iii) on the ombudsman’s own initiative; and\n- (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or\n- (ii) for the improvement of the administrative practices and procedures; and\n- (a) the entity is taken to be an agency; and\n- (b) this Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) .","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ombudsman not subject to direction","content":"### sec.13 Ombudsman not subject to direction\n\nSubject to any other Act or law, the ombudsman is not subject to direction by any person about—\nthe way the ombudsman performs the ombudsman’s functions under this Act; or\nthe priority given to investigations.\n- (a) the way the ombudsman performs the ombudsman’s functions under this Act; or\n- (b) the priority given to investigations.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Investigation of administrative actions of agencies","content":"# Investigation of administrative actions of agencies","sortOrder":18},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Extent of jurisdiction","content":"## Extent of jurisdiction","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"What ombudsman may investigate","content":"### sec.14 What ombudsman may investigate\n\nThe ombudsman may investigate administrative actions of agencies.\nThe ombudsman may investigate an administrative action despite a provision in any Act to the effect that the action is final or can not be appealed against, challenged, reviewed, quashed or called in question.\n(sec.14-ssec.1) The ombudsman may investigate administrative actions of agencies.\n(sec.14-ssec.2) The ombudsman may investigate an administrative action despite a provision in any Act to the effect that the action is final or can not be appealed against, challenged, reviewed, quashed or called in question.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Liaison with complaints entity","content":"### sec.15 Liaison with complaints entity\n\nThe ombudsman may—\nliaise with a complaints entity about the exercise by the ombudsman and the complaints entity of their respective functions for investigating administrative actions; and\nenter into an arrangement with the complaints entity aimed at avoiding inappropriate duplication of investigative activity.\n- (a) liaise with a complaints entity about the exercise by the ombudsman and the complaints entity of their respective functions for investigating administrative actions; and\n- (b) enter into an arrangement with the complaints entity aimed at avoiding inappropriate duplication of investigative activity.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"What ombudsman may not investigate","content":"### sec.16 What ombudsman may not investigate\n\nThe ombudsman must not question the merits of—\na decision, including a policy decision, made by a Minister or Cabinet; or\na decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.\nAlso, the ombudsman must not investigate administrative action taken by—\na tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or\na person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or\na member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or\na police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or\nthe auditor-general; or\na mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or\na person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or\nthe information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .\ns 16 amd 2003 No. 19 s 3 sch ; 2006 No. 25 s 241 (1) sch 3 ; 2009 No. 13 s 205 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2023 No. 32 s 77\n(sec.16-ssec.1) The ombudsman must not question the merits of— a decision, including a policy decision, made by a Minister or Cabinet; or a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.\n(sec.16-ssec.2) Also, the ombudsman must not investigate administrative action taken by— a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or the auditor-general; or a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .\n- (a) a decision, including a policy decision, made by a Minister or Cabinet; or\n- (b) a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.\n- (a) a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or\n- (b) a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or\n- (c) a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or\n- (d) a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or\n- (e) the auditor-general; or\n- (f) a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or\n- (g) a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or\n- (h) the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application to Supreme Court","content":"### sec.17 Application to Supreme Court\n\nThis section applies if, in an investigation, a question arises about whether the ombudsman has jurisdiction to conduct the investigation.\nThe ombudsman may apply to the Supreme Court to decide the question.\nThe application must be heard in closed court.\nThis section does not stop applications being made under the Judicial Review Act 1991 by entities whose actions are being investigated or by complainants.\n(sec.17-ssec.1) This section applies if, in an investigation, a question arises about whether the ombudsman has jurisdiction to conduct the investigation.\n(sec.17-ssec.2) The ombudsman may apply to the Supreme Court to decide the question.\n(sec.17-ssec.3) The application must be heard in closed court. This section does not stop applications being made under the Judicial Review Act 1991 by entities whose actions are being investigated or by complainants.","sortOrder":23},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"When administrative actions may be investigated","content":"## When administrative actions may be investigated","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"When ombudsman may investigate administrative action","content":"### sec.18 When ombudsman may investigate administrative action\n\nThe ombudsman may investigate administrative action of an agency if—\na complaint is made about the administrative action; or\nthe ombudsman otherwise considers the administrative action should be investigated.\nThe ombudsman must investigate a parliamentary reference of an administrative action of an agency.\n(sec.18-ssec.1) The ombudsman may investigate administrative action of an agency if— a complaint is made about the administrative action; or the ombudsman otherwise considers the administrative action should be investigated.\n(sec.18-ssec.2) The ombudsman must investigate a parliamentary reference of an administrative action of an agency.\n- (a) a complaint is made about the administrative action; or\n- (b) the ombudsman otherwise considers the administrative action should be investigated.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Assembly may refer administrative action for investigation","content":"### sec.19 Assembly may refer administrative action for investigation\n\nThe Assembly or a statutory committee of the Assembly may refer to the ombudsman, for investigation and report, any administrative action of an agency the ombudsman may investigate that the Assembly or committee considers should be investigated by the ombudsman.\nThe ombudsman must ensure the investigation is started as soon as possible after the reference is made.\n(sec.19-ssec.1) The Assembly or a statutory committee of the Assembly may refer to the ombudsman, for investigation and report, any administrative action of an agency the ombudsman may investigate that the Assembly or committee considers should be investigated by the ombudsman.\n(sec.19-ssec.2) The ombudsman must ensure the investigation is started as soon as possible after the reference is made.","sortOrder":26},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Complaints","content":"### sec.20 Complaints\n\nUnless this section otherwise provides, a complaint about an administrative action of an agency—\nmay be made orally or in written form; and\nmay be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and\nmust be made within 1 year after the day the complainant first had notice of the action.\nFor subsection (1) (c) , a complainant is taken to have had notice of the action at the time the complainant might reasonably be expected to have had notice of the action.\nDespite subsection (1) , the ombudsman may—\ndecline to investigate an oral complaint until the complaint is put in writing; or\naccept a complaint made for a complainant by a person apparently representing the complainant; or\naccept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or\naccept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action.\nThe ombudsman may, if the ombudsman considers it necessary for achieving the objects of this Act for a particular complaint, give a person the help necessary to put the complaint in writing.\nHowever, if the person who could have made a complaint under this Act has died or the ombudsman considers the person can not, for any reason, act for himself or herself, the complaint may be made by an individual who is, in the ombudsman’s opinion, suitable to represent the person (also a complainant ).\nAlso, if a person making the complaint is in custody or detention, the relevant custodian must ensure all necessary steps are taken to facilitate the making of the complaint.\nMaximum penalty for subsection (6) —100 penalty units or 1 year’s imprisonment.\nIn this section—\nrelevant custodian means—\nif the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or\notherwise—the person in charge of the place of custody or detention.\ns 20 amd 2006 No. 29 s 518 sch 3\n(sec.20-ssec.1) Unless this section otherwise provides, a complaint about an administrative action of an agency— may be made orally or in written form; and may be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and must be made within 1 year after the day the complainant first had notice of the action.\n(sec.20-ssec.2) For subsection (1) (c) , a complainant is taken to have had notice of the action at the time the complainant might reasonably be expected to have had notice of the action.\n(sec.20-ssec.3) Despite subsection (1) , the ombudsman may— decline to investigate an oral complaint until the complaint is put in writing; or accept a complaint made for a complainant by a person apparently representing the complainant; or accept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or accept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action.\n(sec.20-ssec.4) The ombudsman may, if the ombudsman considers it necessary for achieving the objects of this Act for a particular complaint, give a person the help necessary to put the complaint in writing.\n(sec.20-ssec.5) However, if the person who could have made a complaint under this Act has died or the ombudsman considers the person can not, for any reason, act for himself or herself, the complaint may be made by an individual who is, in the ombudsman’s opinion, suitable to represent the person (also a complainant ).\n(sec.20-ssec.6) Also, if a person making the complaint is in custody or detention, the relevant custodian must ensure all necessary steps are taken to facilitate the making of the complaint. Maximum penalty for subsection (6) —100 penalty units or 1 year’s imprisonment.\n(sec.20-ssec.7) In this section— relevant custodian means— if the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or otherwise—the person in charge of the place of custody or detention.\n- (a) may be made orally or in written form; and\n- (b) may be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and\n- (c) must be made within 1 year after the day the complainant first had notice of the action.\n- (a) decline to investigate an oral complaint until the complaint is put in writing; or\n- (b) accept a complaint made for a complainant by a person apparently representing the complainant; or\n- (c) accept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or\n- (d) accept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action.\n- (a) if the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or\n- (b) otherwise—the person in charge of the place of custody or detention.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Effect of restrictive provisions on complaints","content":"### sec.21 Effect of restrictive provisions on complaints\n\nIf a provision, of an Act, prohibits or restricts, or authorises or requires the imposition of prohibitions or restrictions on, communication, the provision does not apply to a communication made for the purpose of making a complaint under this Act.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preliminary inquiry","content":"### sec.22 Preliminary inquiry\n\nFor this division, the ombudsman may make reasonably necessary inquiries to decide whether a complaint should be investigated.\nThe principal officer of the agency must give the ombudsman reasonable help in the conduct of a preliminary inquiry.\n(sec.22-ssec.1) For this division, the ombudsman may make reasonably necessary inquiries to decide whether a complaint should be investigated.\n(sec.22-ssec.2) The principal officer of the agency must give the ombudsman reasonable help in the conduct of a preliminary inquiry.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Refusal to investigate complaint","content":"### sec.23 Refusal to investigate complaint\n\nThe ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that—\nthe complaint is trivial; or\nthe complaint is frivolous or vexatious or is not made in good faith; or\nthe complainant does not have a sufficient direct interest in the action complained of; or\nboth of the following apply—\nthe complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;\nit would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or\nboth of the following apply—\nthe complainant had a right of appeal, reference or review, or another remedy that is exhausted;\nin the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or\nin the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.\nAlso, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint.\nA right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court.\nIf the ombudsman—\ncan not investigate a complaint; or\nrefuses to investigate a complaint; or\nrefuses to continue an investigation of a complaint;\nthe ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable.\ns 23 amd 2007 No. 37 s 124\n(sec.23-ssec.1) The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that— the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or the complainant does not have a sufficient direct interest in the action complained of; or both of the following apply— the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or both of the following apply— the complainant had a right of appeal, reference or review, or another remedy that is exhausted; in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.\n(sec.23-ssec.2) Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint.\n(sec.23-ssec.3) A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court.\n(sec.23-ssec.4) If the ombudsman— can not investigate a complaint; or refuses to investigate a complaint; or refuses to continue an investigation of a complaint; the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable.\n- (a) the complaint is trivial; or\n- (b) the complaint is frivolous or vexatious or is not made in good faith; or\n- (c) the complainant does not have a sufficient direct interest in the action complained of; or\n- (d) both of the following apply— (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or\n- (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;\n- (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or\n- (e) both of the following apply— (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted; (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or\n- (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted;\n- (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or\n- (f) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.\n- (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;\n- (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or\n- (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted;\n- (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or\n- (a) can not investigate a complaint; or\n- (b) refuses to investigate a complaint; or\n- (c) refuses to continue an investigation of a complaint;","sortOrder":31},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Investigations generally","content":"### sec.24 Investigations generally\n\nThe ombudsman may conduct an investigation or part of an investigation—\ninformally; or\nby exercising powers under part 4 .\nIf an investigation is being conducted informally under subsection (1) (a) , the principal officer of the agency to which the investigation relates must give the ombudsman reasonable help in the conduct of the investigation.\ns 24 amd 2017 No. 17 s 174\n(sec.24-ssec.1) The ombudsman may conduct an investigation or part of an investigation— informally; or by exercising powers under part 4 .\n(sec.24-ssec.2) If an investigation is being conducted informally under subsection (1) (a) , the principal officer of the agency to which the investigation relates must give the ombudsman reasonable help in the conduct of the investigation.\n- (a) informally; or\n- (b) by exercising powers under part 4 .","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Procedure","content":"### sec.25 Procedure\n\nUnless this Act otherwise provides, the ombudsman may regulate the procedure on an investigation in the way the ombudsman considers appropriate.\nThe ombudsman, when conducting an investigation—\nmust conduct the investigation in a way that maintains confidentiality; and\nis not bound by the rules of evidence, but must comply with natural justice; and\nis not required to hold a hearing for the investigation; and\nmay obtain information from the persons, and in the way, the ombudsman considers appropriate; and\nmay make the inquiries the ombudsman considers appropriate.\n(sec.25-ssec.1) Unless this Act otherwise provides, the ombudsman may regulate the procedure on an investigation in the way the ombudsman considers appropriate.\n(sec.25-ssec.2) The ombudsman, when conducting an investigation— must conduct the investigation in a way that maintains confidentiality; and is not bound by the rules of evidence, but must comply with natural justice; and is not required to hold a hearing for the investigation; and may obtain information from the persons, and in the way, the ombudsman considers appropriate; and may make the inquiries the ombudsman considers appropriate.\n- (a) must conduct the investigation in a way that maintains confidentiality; and\n- (b) is not bound by the rules of evidence, but must comply with natural justice; and\n- (c) is not required to hold a hearing for the investigation; and\n- (d) may obtain information from the persons, and in the way, the ombudsman considers appropriate; and\n- (e) may make the inquiries the ombudsman considers appropriate.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Consultation","content":"### sec.26 Consultation\n\nThe ombudsman may, during or after an investigation, consult any Minister who is concerned in the action complained of.\nThe ombudsman must consult with a Minister if—\neither—\nthe Minister asks to consult with the ombudsman about an investigation; or\nan investigation relates to a recommendation made to the Minister; and\nthe ombudsman is considering making a report under section 50 about the investigation.\nIf, during an investigation, the ombudsman considers there may be grounds for making a report on the investigation that may affect or concern an agency, the ombudsman must, before making the report, give the principal officer of the agency an opportunity to comment on the matter under investigation.\nIn this section—\nMinister includes a local government’s chairperson, mayor or president.\n(sec.26-ssec.1) The ombudsman may, during or after an investigation, consult any Minister who is concerned in the action complained of.\n(sec.26-ssec.2) The ombudsman must consult with a Minister if— either— the Minister asks to consult with the ombudsman about an investigation; or an investigation relates to a recommendation made to the Minister; and the ombudsman is considering making a report under section 50 about the investigation.\n(sec.26-ssec.3) If, during an investigation, the ombudsman considers there may be grounds for making a report on the investigation that may affect or concern an agency, the ombudsman must, before making the report, give the principal officer of the agency an opportunity to comment on the matter under investigation.\n(sec.26-ssec.4) In this section— Minister includes a local government’s chairperson, mayor or president.\n- (a) either— (i) the Minister asks to consult with the ombudsman about an investigation; or (ii) an investigation relates to a recommendation made to the Minister; and\n- (i) the Minister asks to consult with the ombudsman about an investigation; or\n- (ii) an investigation relates to a recommendation made to the Minister; and\n- (b) the ombudsman is considering making a report under section 50 about the investigation.\n- (i) the Minister asks to consult with the ombudsman about an investigation; or\n- (ii) an investigation relates to a recommendation made to the Minister; and","sortOrder":35},{"sectionNumber":"pt.4","sectionType":"part","heading":"Powers and procedures for investigations","content":"# Powers and procedures for investigations","sortOrder":36},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Ombudsman’s powers for conducting investigations","content":"## Ombudsman’s powers for conducting investigations","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Notice to principal officer","content":"### sec.27 Notice to principal officer\n\nIf—\nthe ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and\nthe ombudsman intends to exercise powers under this part;\nthe ombudsman must, before exercising the powers, give the principal officer of the agency a notice under subsection (2) .\nThe notice must—\ninform the officer of the ombudsman’s intention to conduct the investigation; and\nidentify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and\ninform the officer in general terms of the powers the ombudsman may exercise under this part for investigations.\nOn the giving of the notice, the ombudsman may exercise powers under this part for the investigation.\n(sec.27-ssec.1) If— the ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and the ombudsman intends to exercise powers under this part; the ombudsman must, before exercising the powers, give the principal officer of the agency a notice under subsection (2) .\n(sec.27-ssec.2) The notice must— inform the officer of the ombudsman’s intention to conduct the investigation; and identify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and inform the officer in general terms of the powers the ombudsman may exercise under this part for investigations.\n(sec.27-ssec.3) On the giving of the notice, the ombudsman may exercise powers under this part for the investigation.\n- (a) the ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and\n- (b) the ombudsman intends to exercise powers under this part;\n- (a) inform the officer of the ombudsman’s intention to conduct the investigation; and\n- (b) identify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and\n- (c) inform the officer in general terms of the powers the ombudsman may exercise under this part for investigations.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Requirement to give document or information","content":"### sec.28 Requirement to give document or information\n\nThe ombudsman may by notice given to a person, require the person, within a stated reasonable time—\nto give the ombudsman—\nan oral or written statement of information of a stated type relevant to the investigation; or\na stated document or other stated thing relevant to the investigation, or a copy of a stated document; or\nall documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or\nto create, and give the ombudsman, a document containing information reasonably required for the investigation.\n- (a) to give the ombudsman— (i) an oral or written statement of information of a stated type relevant to the investigation; or (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or\n- (i) an oral or written statement of information of a stated type relevant to the investigation; or\n- (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or\n- (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or\n- (b) to create, and give the ombudsman, a document containing information reasonably required for the investigation.\n- (i) an oral or written statement of information of a stated type relevant to the investigation; or\n- (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or\n- (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirement to attend and to give document or information","content":"### sec.29 Requirement to attend and to give document or information\n\nThe ombudsman may by notice given to a person, require the person—\nto attend before the ombudsman at a stated reasonable place and time; and\nat the stated place and time, to do 1 or more of the following as stated in the notice—\ngive the ombudsman information of a stated type relevant to the investigation;\nanswer questions relevant to the investigation the ombudsman reasonably requires to be answered;\ngive the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document;\ngive the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.\nIf the person is a prisoner, the ombudsman may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place.\nA direction mentioned in subsection (2) is lawful authority to the chief executive (corrective services) for production of the prisoner as directed.\nThe chief executive (corrective services) must comply with the direction served on the chief executive.\nA prisoner produced under this section remains in the custody of the chief executive (corrective services).\nIn this section—\nprisoner means a person in the custody of the chief executive (corrective services).\ns 29 amd 2006 No. 29 s 518 sch 3\n(sec.29-ssec.1) The ombudsman may by notice given to a person, require the person— to attend before the ombudsman at a stated reasonable place and time; and at the stated place and time, to do 1 or more of the following as stated in the notice— give the ombudsman information of a stated type relevant to the investigation; answer questions relevant to the investigation the ombudsman reasonably requires to be answered; give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document; give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.\n(sec.29-ssec.2) If the person is a prisoner, the ombudsman may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place.\n(sec.29-ssec.3) A direction mentioned in subsection (2) is lawful authority to the chief executive (corrective services) for production of the prisoner as directed.\n(sec.29-ssec.4) The chief executive (corrective services) must comply with the direction served on the chief executive.\n(sec.29-ssec.5) A prisoner produced under this section remains in the custody of the chief executive (corrective services).\n(sec.29-ssec.6) In this section— prisoner means a person in the custody of the chief executive (corrective services).\n- (a) to attend before the ombudsman at a stated reasonable place and time; and\n- (b) at the stated place and time, to do 1 or more of the following as stated in the notice— (i) give the ombudsman information of a stated type relevant to the investigation; (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered; (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document; (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.\n- (i) give the ombudsman information of a stated type relevant to the investigation;\n- (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered;\n- (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document;\n- (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.\n- (i) give the ombudsman information of a stated type relevant to the investigation;\n- (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered;\n- (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document;\n- (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Compliance with investigation requirement","content":"### sec.30 Compliance with investigation requirement\n\nA person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nAn excuse is a reasonable excuse for subsection (1) if—\nwithin the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and\nthe ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.\nSubsection (2) does not limit what is a reasonable excuse.\nIt is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person.\nSee section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) .\ns 30 amd 2017 No. 17 s 175\n(sec.30-ssec.1) A person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.30-ssec.2) An excuse is a reasonable excuse for subsection (1) if— within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.\n(sec.30-ssec.3) Subsection (2) does not limit what is a reasonable excuse.\n(sec.30-ssec.4) It is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person. See section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) .\n- (a) within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and\n- (b) the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Power of court if noncompliance with investigation requirement","content":"### sec.31 Power of court if noncompliance with investigation requirement\n\nThis section applies if, without reasonable excuse, a person fails to comply with an investigation requirement.\nA Magistrates Court, at the request of the ombudsman, may issue a subpoena requiring the attendance of the person before the ombudsman.\nThe Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply to the subpoena.\nSee the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 .\nIn this section—\nsubpoena means—\na subpoena for production; or\na subpoena to give evidence; or\na subpoena for production and to give evidence.\ns 31 amd 2023 No. 23 s 163\n(sec.31-ssec.1) This section applies if, without reasonable excuse, a person fails to comply with an investigation requirement.\n(sec.31-ssec.2) A Magistrates Court, at the request of the ombudsman, may issue a subpoena requiring the attendance of the person before the ombudsman.\n(sec.31-ssec.3) The Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 .\n(sec.31-ssec.4) In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence.\n- (a) a subpoena for production; or\n- (b) a subpoena to give evidence; or\n- (c) a subpoena for production and to give evidence.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Custody of document given to ombudsman","content":"### sec.32 Custody of document given to ombudsman\n\nIf a document or other thing is produced to the ombudsman under this division—\nthe ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and\nif it is a document, take extracts from it and make copies of it.\nWhile the ombudsman has possession of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.\n(sec.32-ssec.1) If a document or other thing is produced to the ombudsman under this division— the ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and if it is a document, take extracts from it and make copies of it.\n(sec.32-ssec.2) While the ombudsman has possession of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.\n- (a) the ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and\n- (b) if it is a document, take extracts from it and make copies of it.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Way of giving information","content":"### sec.33 Way of giving information\n\nIf a person is required to give information under this division, whether or not through answering questions, the ombudsman may—\nrequire the information to be given on oath; and\nadminister the required oath.\nThe oath to be taken by a person for this section is an oath that the information the person will give will be true.\nA person required to give information on oath must not refuse to be sworn.\nMaximum penalty for subsection (3) —100 penalty units.\n(sec.33-ssec.1) If a person is required to give information under this division, whether or not through answering questions, the ombudsman may— require the information to be given on oath; and administer the required oath.\n(sec.33-ssec.2) The oath to be taken by a person for this section is an oath that the information the person will give will be true.\n(sec.33-ssec.3) A person required to give information on oath must not refuse to be sworn. Maximum penalty for subsection (3) —100 penalty units.\n- (a) require the information to be given on oath; and\n- (b) administer the required oath.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Investigation at agency premises","content":"### sec.34 Investigation at agency premises\n\nThe ombudsman may, on the giving of reasonable notice to the principal officer of an agency, and at a reasonable time—\nenter and inspect a place occupied by the agency; and\ntake into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and\ntake extracts from, or copy in any way, documents located at the place; and\nrequire an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) .\nA person given a requirement under subsection (1) (d) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —100 penalty units.\n(sec.34-ssec.1) The ombudsman may, on the giving of reasonable notice to the principal officer of an agency, and at a reasonable time— enter and inspect a place occupied by the agency; and take into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and take extracts from, or copy in any way, documents located at the place; and require an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) .\n(sec.34-ssec.2) A person given a requirement under subsection (1) (d) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.\n- (a) enter and inspect a place occupied by the agency; and\n- (b) take into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and\n- (c) take extracts from, or copy in any way, documents located at the place; and\n- (d) require an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) .","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Expenses","content":"### sec.35 Expenses\n\nThe ombudsman may pay the reasonable expenses incurred by a person in complying with a requirement of the ombudsman under this division or in otherwise helping the ombudsman in an investigation.\nIn subsection (1) —\nperson does not include any of the following—\nan agency;\nan officer of an agency carrying out the officer’s duties with the agency;\nif the investigation arose from a complaint—the complainant.\n(sec.35-ssec.1) The ombudsman may pay the reasonable expenses incurred by a person in complying with a requirement of the ombudsman under this division or in otherwise helping the ombudsman in an investigation.\n(sec.35-ssec.2) In subsection (1) — person does not include any of the following— an agency; an officer of an agency carrying out the officer’s duties with the agency; if the investigation arose from a complaint—the complainant.\n- (a) an agency;\n- (b) an officer of an agency carrying out the officer’s duties with the agency;\n- (c) if the investigation arose from a complaint—the complainant.","sortOrder":46},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Arrest warrants","content":"## Arrest warrants","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application for arrest warrant","content":"### sec.36 Application for arrest warrant\n\nThe ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if—\nthe person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and\nthe ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and\nthe person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.36-ssec.1) The ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if— the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement.\n(sec.36-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.36-ssec.3) The magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n- (a) the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and\n- (b) the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and\n- (c) the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Issue of arrest warrant","content":"### sec.37 Issue of arrest warrant\n\nThe magistrate may issue an arrest warrant only if the magistrate is satisfied—\nthe person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and\nthe warrant is necessary to ensure the person attends before the ombudsman.\nThe warrant must state that a police officer may arrest the person named in the warrant and cause the person to attend before the ombudsman.\nFor particular police powers relating to the arrest of a person, see the Police Powers and Responsibilities Act 2000 , sections 21 and 615 . Also, for what happens if the person can not be taken before the ombudsman on the day of the arrest, see section 395 of that Act.\n(sec.37-ssec.1) The magistrate may issue an arrest warrant only if the magistrate is satisfied— the person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and the warrant is necessary to ensure the person attends before the ombudsman.\n(sec.37-ssec.2) The warrant must state that a police officer may arrest the person named in the warrant and cause the person to attend before the ombudsman. For particular police powers relating to the arrest of a person, see the Police Powers and Responsibilities Act 2000 , sections 21 and 615 . Also, for what happens if the person can not be taken before the ombudsman on the day of the arrest, see section 395 of that Act.\n- (a) the person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and\n- (b) the warrant is necessary to ensure the person attends before the ombudsman.","sortOrder":49},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Contempt","content":"## Contempt","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Contempt of ombudsman","content":"### sec.38 Contempt of ombudsman\n\nA person is in contempt of the ombudsman if, in an investigation, the person—\ninsults or threatens—\nthe ombudsman; or\na person who gives or is to give information or a document to the ombudsman; or\na lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or\ndeliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or\ncreates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or\nobstructs or assaults a person who attends, or is to attend, before the ombudsman; or\nby writing or speech uses false and defamatory words about the ombudsman; or\ndoes anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.\nAlso, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document.\nIn this section—\nombudsman includes an officer of the ombudsman.\ns 38 amd 2017 No. 17 s 176\n(sec.38-ssec.1) A person is in contempt of the ombudsman if, in an investigation, the person— insults or threatens— the ombudsman; or a person who gives or is to give information or a document to the ombudsman; or a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or obstructs or assaults a person who attends, or is to attend, before the ombudsman; or by writing or speech uses false and defamatory words about the ombudsman; or does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.\n(sec.38-ssec.2) Also, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document.\n(sec.38-ssec.3) In this section— ombudsman includes an officer of the ombudsman.\n- (a) insults or threatens— (i) the ombudsman; or (ii) a person who gives or is to give information or a document to the ombudsman; or (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or\n- (i) the ombudsman; or\n- (ii) a person who gives or is to give information or a document to the ombudsman; or\n- (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or\n- (b) deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or\n- (c) creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or\n- (d) obstructs or assaults a person who attends, or is to attend, before the ombudsman; or\n- (e) by writing or speech uses false and defamatory words about the ombudsman; or\n- (f) does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.\n- (i) the ombudsman; or\n- (ii) a person who gives or is to give information or a document to the ombudsman; or\n- (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Punishment of contempt","content":"### sec.39 Punishment of contempt\n\nA person’s contempt of the ombudsman may be punished under this section.\nThe ombudsman may certify the contempt in writing to the Supreme Court (the court ).\nFor subsection (2) , it is enough for the ombudsman to be satisfied there is evidence of contempt.\nThe court may issue a warrant directed to a police officer for the arrest of the person to be brought before the court to be dealt with according to law.\nThe Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\nThe court must inquire into the alleged contempt.\nThe court must hear—\nwitnesses and evidence that may be produced against or for the person whose contempt was certified; and\nany statement given by the person in defence.\nIf the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in a proceeding in the court for the enforcement of a non-money order.\nThe Uniform Civil Procedure Rules 1999 , so far as they relate to the enforcement of non-money orders, apply, with necessary changes, to the court’s investigation, hearing and power to punish.\nThe ombudsman’s certificate of contempt is evidence of the matters stated in the certificate.\n(sec.39-ssec.1) A person’s contempt of the ombudsman may be punished under this section.\n(sec.39-ssec.2) The ombudsman may certify the contempt in writing to the Supreme Court (the court ).\n(sec.39-ssec.3) For subsection (2) , it is enough for the ombudsman to be satisfied there is evidence of contempt.\n(sec.39-ssec.4) The court may issue a warrant directed to a police officer for the arrest of the person to be brought before the court to be dealt with according to law.\n(sec.39-ssec.5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\n(sec.39-ssec.6) The court must inquire into the alleged contempt.\n(sec.39-ssec.7) The court must hear— witnesses and evidence that may be produced against or for the person whose contempt was certified; and any statement given by the person in defence.\n(sec.39-ssec.8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in a proceeding in the court for the enforcement of a non-money order.\n(sec.39-ssec.9) The Uniform Civil Procedure Rules 1999 , so far as they relate to the enforcement of non-money orders, apply, with necessary changes, to the court’s investigation, hearing and power to punish.\n(sec.39-ssec.10) The ombudsman’s certificate of contempt is evidence of the matters stated in the certificate.\n- (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and\n- (b) any statement given by the person in defence.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Conduct that is contempt and offence","content":"### sec.40 Conduct that is contempt and offence\n\nIf conduct of an offender is both contempt of the ombudsman and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct.\nIn this section—\noffender means a person guilty, or alleged to be guilty, of contempt of the ombudsman.\n(sec.40-ssec.1) If conduct of an offender is both contempt of the ombudsman and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct.\n(sec.40-ssec.2) In this section— offender means a person guilty, or alleged to be guilty, of contempt of the ombudsman.","sortOrder":53},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"False or misleading statement","content":"### sec.41 False or misleading statement\n\nA person must not state anything to the ombudsman or an officer of the ombudsman the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’.\n(sec.41-ssec.1) A person must not state anything to the ombudsman or an officer of the ombudsman the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.41-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"False or misleading document","content":"### sec.42 False or misleading document\n\nA person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and\nif the person, has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’.\n(sec.42-ssec.1) A person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.42-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and if the person, has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.42-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’.\n- (a) tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and\n- (b) if the person, has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Offence to assault or obstruct ombudsman or officer of ombudsman","content":"### sec.43 Offence to assault or obstruct ombudsman or officer of ombudsman\n\nA person must not assault or obstruct the ombudsman or an officer of the ombudsman in the performance of duties under this Act.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist and attempt to obstruct.\n(sec.43-ssec.1) A person must not assault or obstruct the ombudsman or an officer of the ombudsman in the performance of duties under this Act. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.43-ssec.2) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct.","sortOrder":57},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other provisions supporting performance of ombudsman’s functions","content":"# Other provisions supporting performance of ombudsman’s functions","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of Criminal Code","content":"### sec.44 Application of Criminal Code\n\nThe Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act.\nWithout limiting subsection (1) , for applying the identified provisions to an investigation—\nthe investigation is a judicial proceeding; and\nthe ombudsman is the holder of a judicial office; and\na reference to judicial capacity is a reference to capacity as ombudsman; and\na reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and\na reference to a witness is a reference to a person from whom the ombudsman may obtain information; and\na reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and\na reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and\na reference to a tribunal is a reference to the ombudsman.\n(sec.44-ssec.1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act.\n(sec.44-ssec.2) Without limiting subsection (1) , for applying the identified provisions to an investigation— the investigation is a judicial proceeding; and the ombudsman is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as ombudsman; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the ombudsman.\n- (a) the investigation is a judicial proceeding; and\n- (b) the ombudsman is the holder of a judicial office; and\n- (c) a reference to judicial capacity is a reference to capacity as ombudsman; and\n- (d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and\n- (e) a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and\n- (f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and\n- (g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and\n- (h) a reference to a tribunal is a reference to the ombudsman.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Information disclosure and privilege","content":"### sec.45 Information disclosure and privilege\n\nNo obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to officers of an agency, whether imposed by any Act or by a rule of law, applies to the disclosure of information relevant to a preliminary inquiry or an investigation by the ombudsman.\nIn a preliminary inquiry or an investigation, the State or an agency is not entitled to any privilege that would apply to the production of documents, or the giving of evidence, relevant to the investigation, in a legal proceeding.\nA person has, for the giving of information and the production of documents or other things relevant to a preliminary inquiry or an investigation, equivalent privileges to the privileges the person would have as a witness in proceedings in a court.\nSubsection (3) has effect subject to subsections (1) and (2) and part 4 , division 1 .\n(sec.45-ssec.1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to officers of an agency, whether imposed by any Act or by a rule of law, applies to the disclosure of information relevant to a preliminary inquiry or an investigation by the ombudsman.\n(sec.45-ssec.2) In a preliminary inquiry or an investigation, the State or an agency is not entitled to any privilege that would apply to the production of documents, or the giving of evidence, relevant to the investigation, in a legal proceeding.\n(sec.45-ssec.3) A person has, for the giving of information and the production of documents or other things relevant to a preliminary inquiry or an investigation, equivalent privileges to the privileges the person would have as a witness in proceedings in a court.\n(sec.45-ssec.4) Subsection (3) has effect subject to subsections (1) and (2) and part 4 , division 1 .","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Disclosure of certain matters not required","content":"### sec.46 Disclosure of certain matters not required\n\nThis Act does not require or authorise a person—\nto give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or\nto produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .\nFor subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified.\nThe ombudsman must not require—\nany information or answer to be given; or\nthe production of any document or thing;\nif the Attorney-General certifies, in writing, that the giving of the information, or the answering of the question, or the production of the document or thing might prejudice the security of the State or the investigation or detection of offences.\n(sec.46-ssec.1) This Act does not require or authorise a person— to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .\n(sec.46-ssec.2) For subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified.\n(sec.46-ssec.3) The ombudsman must not require— any information or answer to be given; or the production of any document or thing; if the Attorney-General certifies, in writing, that the giving of the information, or the answering of the question, or the production of the document or thing might prejudice the security of the State or the investigation or detection of offences.\n- (a) to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or\n- (b) to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .\n- (a) any information or answer to be given; or\n- (b) the production of any document or thing;","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Protection of person helping ombudsman","content":"### sec.47 Protection of person helping ombudsman\n\nA person must not cause, or threaten, attempt or conspire to cause, detriment to another person because, or in the belief that, any person—\nhas made, or may make, a complaint to the ombudsman; or\nhas given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation.\nMaximum penalty—100 penalty units.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nIn this section—\ndetriment , to a person, includes dismissal of the person from the person’s employment.\ns 47 amd 2017 No. 17 s 177\n(sec.47-ssec.1) A person must not cause, or threaten, attempt or conspire to cause, detriment to another person because, or in the belief that, any person— has made, or may make, a complaint to the ombudsman; or has given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation. Maximum penalty—100 penalty units.\n(sec.47-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.47-ssec.3) In this section— detriment , to a person, includes dismissal of the person from the person’s employment.\n- (a) has made, or may make, a complaint to the ombudsman; or\n- (b) has given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Inadmissibility of particular information in proceedings","content":"### sec.48 Inadmissibility of particular information in proceedings\n\nThis section applies if an individual gives information to the ombudsman under an investigation requirement.\nThe following information is not admissible in any proceeding as evidence against the individual—\nthe information given by the individual under the investigation requirement and the fact of that giving ( primary evidence );\nany information obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\nIn this section—\ninformation includes a document.\ns 48 sub 2017 No. 17 s 178\n(sec.48-ssec.1) This section applies if an individual gives information to the ombudsman under an investigation requirement.\n(sec.48-ssec.2) The following information is not admissible in any proceeding as evidence against the individual— the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.48-ssec.3) Subsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\n(sec.48-ssec.4) In this section— information includes a document.\n- (a) the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence );\n- (b) any information obtained as a direct or indirect result of primary evidence ( derived evidence ).","sortOrder":63},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reports and recommendations","content":"# Reports and recommendations","sortOrder":64},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Reports on particular investigations","content":"## Reports on particular investigations","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Investigations to which div 1 applies","content":"### sec.49 Investigations to which div 1 applies\n\nThis division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference.\nHowever, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates—\nwas taken contrary to law; or\nwas unreasonable, unjust, oppressive, or improperly discriminatory; or\nwas in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or\nwas taken—\nfor an improper purpose; or\non irrelevant grounds; or\nhaving regard to irrelevant considerations; or\nwas an action for which reasons should have been given, but were not given; or\nwas based wholly or partly on a mistake of law or fact; or\nwas wrong.\ns 49 amd 2017 No. 17 s 179\n(sec.49-ssec.1) This division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference.\n(sec.49-ssec.2) However, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates— was taken contrary to law; or was unreasonable, unjust, oppressive, or improperly discriminatory; or was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or was taken— for an improper purpose; or on irrelevant grounds; or having regard to irrelevant considerations; or was an action for which reasons should have been given, but were not given; or was based wholly or partly on a mistake of law or fact; or was wrong.\n- (a) was taken contrary to law; or\n- (b) was unreasonable, unjust, oppressive, or improperly discriminatory; or\n- (c) was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or\n- (d) was taken— (i) for an improper purpose; or (ii) on irrelevant grounds; or (iii) having regard to irrelevant considerations; or\n- (i) for an improper purpose; or\n- (ii) on irrelevant grounds; or\n- (iii) having regard to irrelevant considerations; or\n- (e) was an action for which reasons should have been given, but were not given; or\n- (f) was based wholly or partly on a mistake of law or fact; or\n- (g) was wrong.\n- (i) for an improper purpose; or\n- (ii) on irrelevant grounds; or\n- (iii) having regard to irrelevant considerations; or","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Report and recommendations","content":"### sec.50 Report and recommendations\n\nThis section applies if the ombudsman considers—\nthe administrative action should be referred to the agency for further consideration; or\naction can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or\na practice under which the administrative action was taken should be changed; or\nany law under which, or on the basis of which, the administrative action was taken should be reconsidered; or\nreasons, or further reasons, should be given for the administrative action; or\nany other steps should be taken.\nThe ombudsman may—\ngive the principal officer of the agency a report that—\nstates the action the ombudsman considers should be taken; and\nmakes recommendations the ombudsman considers appropriate; and\nif the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and\nif subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.\nIf, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman—\nmust give the principal officer of the agency a report that—\nstates the nature of the breach of duty or misconduct; and\nmakes recommendations the ombudsman considers appropriate; and\nif the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and\nmay, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to—\nthe responsible Minister for the agency; and\nif the agency is a local government—the local government’s mayor.\nThe ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act.\nIf the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must—\ngive a copy of the report to all the members, however named, of the local government; and\nif the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.\ns 50 amd 2003 No. 19 s 3 sch ; 2014 No. 21 s 94 (2) sch 2\nsub 2017 No. 17 s 180\n(sec.50-ssec.1) This section applies if the ombudsman considers— the administrative action should be referred to the agency for further consideration; or action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or a practice under which the administrative action was taken should be changed; or any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or reasons, or further reasons, should be given for the administrative action; or any other steps should be taken.\n(sec.50-ssec.2) The ombudsman may— give the principal officer of the agency a report that— states the action the ombudsman considers should be taken; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.\n(sec.50-ssec.3) If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman— must give the principal officer of the agency a report that— states the nature of the breach of duty or misconduct; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— the responsible Minister for the agency; and if the agency is a local government—the local government’s mayor. The ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act.\n(sec.50-ssec.4) If the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must— give a copy of the report to all the members, however named, of the local government; and if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.\n- (a) the administrative action should be referred to the agency for further consideration; or\n- (b) action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or\n- (c) a practice under which the administrative action was taken should be changed; or\n- (d) any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or\n- (e) reasons, or further reasons, should be given for the administrative action; or\n- (f) any other steps should be taken.\n- (a) give the principal officer of the agency a report that— (i) states the action the ombudsman considers should be taken; and (ii) makes recommendations the ombudsman considers appropriate; and\n- (i) states the action the ombudsman considers should be taken; and\n- (ii) makes recommendations the ombudsman considers appropriate; and\n- (b) if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and\n- (c) if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.\n- (i) states the action the ombudsman considers should be taken; and\n- (ii) makes recommendations the ombudsman considers appropriate; and\n- (a) must give the principal officer of the agency a report that— (i) states the nature of the breach of duty or misconduct; and (ii) makes recommendations the ombudsman considers appropriate; and\n- (i) states the nature of the breach of duty or misconduct; and\n- (ii) makes recommendations the ombudsman considers appropriate; and\n- (b) if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and\n- (c) may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— (i) the responsible Minister for the agency; and (ii) if the agency is a local government—the local government’s mayor.\n- (i) the responsible Minister for the agency; and\n- (ii) if the agency is a local government—the local government’s mayor.\n- (i) states the nature of the breach of duty or misconduct; and\n- (ii) makes recommendations the ombudsman considers appropriate; and\n- (i) the responsible Minister for the agency; and\n- (ii) if the agency is a local government—the local government’s mayor.\n- (a) give a copy of the report to all the members, however named, of the local government; and\n- (b) if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Action after report making recommendations","content":"### sec.51 Action after report making recommendations\n\nThis section applies if the ombudsman gives the principal officer of an agency a report under section 50 that makes recommendations.\nThe ombudsman may ask the principal officer of the agency to give the ombudsman, within a stated time, comments about—\nthe steps taken or proposed to be taken to give effect to the recommendations; or\nif no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations.\nThe ombudsman may give the Premier a copy of the report and a copy of any comments made by or for the principal officer of the agency if—\nit appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and\nwithin that time, the ombudsman has considered any comments made by or for the principal officer; and\nthe ombudsman considers it appropriate.\nIf the ombudsman gives the Premier a copy of a report (the original report ) and a copy of any comments, the ombudsman may give the Speaker, for tabling in the Assembly, another report that deals, to the extent the ombudsman considers appropriate, with the original report and the comments.\ns 51 amd 2017 No. 17 s 181\n(sec.51-ssec.1) This section applies if the ombudsman gives the principal officer of an agency a report under section 50 that makes recommendations.\n(sec.51-ssec.2) The ombudsman may ask the principal officer of the agency to give the ombudsman, within a stated time, comments about— the steps taken or proposed to be taken to give effect to the recommendations; or if no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations.\n(sec.51-ssec.3) The ombudsman may give the Premier a copy of the report and a copy of any comments made by or for the principal officer of the agency if— it appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and within that time, the ombudsman has considered any comments made by or for the principal officer; and the ombudsman considers it appropriate.\n(sec.51-ssec.4) If the ombudsman gives the Premier a copy of a report (the original report ) and a copy of any comments, the ombudsman may give the Speaker, for tabling in the Assembly, another report that deals, to the extent the ombudsman considers appropriate, with the original report and the comments.\n- (a) the steps taken or proposed to be taken to give effect to the recommendations; or\n- (b) if no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations.\n- (a) it appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and\n- (b) within that time, the ombudsman has considered any comments made by or for the principal officer; and\n- (c) the ombudsman considers it appropriate.","sortOrder":68},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Other reports","content":"## Other reports","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Report to Assembly on ombudsman’s initiative","content":"### sec.52 Report to Assembly on ombudsman’s initiative\n\nIf the ombudsman considers it appropriate, the ombudsman may give to the Speaker at any time, for tabling in the Assembly, a report on a matter arising out of the performance of the ombudsman’s functions.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Report on parliamentary reference","content":"### sec.53 Report on parliamentary reference\n\nIf the ombudsman investigates administrative action because of a parliamentary reference, the ombudsman must give a report on the investigation to the Speaker for tabling in the Assembly.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Other reports on authority of speaker","content":"### sec.54 Other reports on authority of speaker\n\nThe Speaker may, at the ombudsman’s written request, authorise the ombudsman to publish, in the public interest or in the interests of any agency, organisation or person—\na report relating generally to the performance of the ombudsman’s functions; or\na report relating to any particular case investigated by the ombudsman;\nwhether or not the matters to be dealt with in the report have been the subject of a report tabled in the Assembly under this Act.\n- (a) a report relating generally to the performance of the ombudsman’s functions; or\n- (b) a report relating to any particular case investigated by the ombudsman;","sortOrder":72},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Report containing adverse comment","content":"### sec.55 Report containing adverse comment\n\nThis section applies if the ombudsman proposes to make an adverse comment about a person in a report under this Act.\nThe ombudsman must not make the proposed adverse comment unless, before the report is prepared, the ombudsman gives the person an opportunity to make submissions about the proposed adverse comment.\nIf the person makes submissions and the ombudsman still proposes to make the adverse comment, the ombudsman must ensure the person’s defence is fairly stated in the report.\n(sec.55-ssec.1) This section applies if the ombudsman proposes to make an adverse comment about a person in a report under this Act.\n(sec.55-ssec.2) The ombudsman must not make the proposed adverse comment unless, before the report is prepared, the ombudsman gives the person an opportunity to make submissions about the proposed adverse comment.\n(sec.55-ssec.3) If the person makes submissions and the ombudsman still proposes to make the adverse comment, the ombudsman must ensure the person’s defence is fairly stated in the report.","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Report not to disclose identities in particular circumstances","content":"### sec.56 Report not to disclose identities in particular circumstances\n\nThis section applies if—\nthe ombudsman investigates a matter involving a person; and\nunder an Act, the identity of the person must not be disclosed.\nThe ombudsman must not disclose the identity of the person, or information from which the person’s identity could be deduced, in any report under section 51 (4) or division 2 .\n(sec.56-ssec.1) This section applies if— the ombudsman investigates a matter involving a person; and under an Act, the identity of the person must not be disclosed.\n(sec.56-ssec.2) The ombudsman must not disclose the identity of the person, or information from which the person’s identity could be deduced, in any report under section 51 (4) or division 2 .\n- (a) the ombudsman investigates a matter involving a person; and\n- (b) under an Act, the identity of the person must not be disclosed.","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Information to complainant on completion of investigation","content":"### sec.57 Information to complainant on completion of investigation\n\nIf the ombudsman investigates administrative action because of a complaint, the ombudsman must, as soon as possible, inform the complainant, in the way the ombudsman considers appropriate, of the result of the investigation.","sortOrder":76},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Copy of report may be given to particular persons","content":"### sec.57A Copy of report may be given to particular persons\n\nThis section applies if a report prepared by the ombudsman under this part relates to the death of a person that—\nwas a reportable death under the Coroners Act 2003 ; or\nwas the subject of an inquiry under the Coroners Act 1958 .\nThe ombudsman may give a copy of the report—\nto the State Coroner—\nfor use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or\nfor use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or\nto the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or\nto the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act.\nThis section applies despite any other provision of this Act.\nIn this section—\nState Coroner means the State Coroner under the Coroners Act 2003 .\ns 57A ins 2004 No. 13 s 101\n(sec.57A-ssec.1) This section applies if a report prepared by the ombudsman under this part relates to the death of a person that— was a reportable death under the Coroners Act 2003 ; or was the subject of an inquiry under the Coroners Act 1958 .\n(sec.57A-ssec.2) The ombudsman may give a copy of the report— to the State Coroner— for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or to the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act.\n(sec.57A-ssec.3) This section applies despite any other provision of this Act.\n(sec.57A-ssec.4) In this section— State Coroner means the State Coroner under the Coroners Act 2003 .\n- (a) was a reportable death under the Coroners Act 2003 ; or\n- (b) was the subject of an inquiry under the Coroners Act 1958 .\n- (a) to the State Coroner— (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or\n- (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or\n- (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or\n- (b) to the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or\n- (c) to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act.\n- (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or\n- (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or","sortOrder":77},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Particular reports may be given to chief executive (child safety)","content":"### sec.57B Particular reports may be given to chief executive (child safety)\n\nIf a report prepared by the ombudsman under this part relates to the death or serious physical injury of a child, the ombudsman may give a copy of the report to the chief executive (child safety).\nSubsection (1) applies despite any other provision of this Act.\nIn this section—\nchief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.\nserious physical injury see the Child Protection Act 1999 , schedule 3 .\ns 57B ins 2004 No. 13 s 101\namd 2010 No. 5 s 248 sch 3\nsub 2014 No. 28 s 96\n(sec.57B-ssec.1) If a report prepared by the ombudsman under this part relates to the death or serious physical injury of a child, the ombudsman may give a copy of the report to the chief executive (child safety).\n(sec.57B-ssec.2) Subsection (1) applies despite any other provision of this Act.\n(sec.57B-ssec.3) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. serious physical injury see the Child Protection Act 1999 , schedule 3 .","sortOrder":78},{"sectionNumber":"pt.7","sectionType":"part","heading":"Particular provisions about the ombudsman and inspector of detention services","content":"# Particular provisions about the ombudsman and inspector of detention services","sortOrder":79},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":80},{"sectionNumber":"sec.58","sectionType":"section","heading":"Appointment as ombudsman and inspector of detention services","content":"### sec.58 Appointment as ombudsman and inspector of detention services\n\nThe ombudsman is appointed by the Governor in Council.\nThe ombudsman is also appointed by the Governor in Council to be the inspector of detention services.\nThe ombudsman and the inspector of detention services are appointed under this Act and not under the Public Sector Act 2022 .\nIf a person stops holding office as the ombudsman, the person also stops holding office as the inspector of detention services.\nIf a person stops holding office as the inspector of detention services, the person also stops holding office as the ombudsman.\ns 58 amd 2008 No. 38 s 252 sch 3\nsub 2022 No. 18 s 66\namd 2022 No. 34 s 365 sch 3\n(sec.58-ssec.1) The ombudsman is appointed by the Governor in Council.\n(sec.58-ssec.2) The ombudsman is also appointed by the Governor in Council to be the inspector of detention services.\n(sec.58-ssec.3) The ombudsman and the inspector of detention services are appointed under this Act and not under the Public Sector Act 2022 .\n(sec.58-ssec.4) If a person stops holding office as the ombudsman, the person also stops holding office as the inspector of detention services.\n(sec.58-ssec.5) If a person stops holding office as the inspector of detention services, the person also stops holding office as the ombudsman.","sortOrder":81},{"sectionNumber":"sec.59","sectionType":"section","heading":"Procedure before appointment","content":"### sec.59 Procedure before appointment\n\nA person may be appointed as the ombudsman and the inspector of detention services only if—\nthe Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and\nthe person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and\nthe Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.\nFor subsection (1) (c) , the parliamentary committee—\nmust decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and\nis taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\nThe Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\nSubsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services.\ns 59 amd 2022 No. 18 s 67 ; 2024 No. 3 s 50\n(sec.59-ssec.1) A person may be appointed as the ombudsman and the inspector of detention services only if— the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.\n(sec.59-ssec.2) For subsection (1) (c) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n(sec.59-ssec.3) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\n(sec.59-ssec.4) Subsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services.\n- (a) the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and\n- (b) the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and\n- (c) the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.\n- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and\n- (b) is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.","sortOrder":82},{"sectionNumber":"sec.60","sectionType":"section","heading":"Ineligibility for appointment","content":"### sec.60 Ineligibility for appointment\n\nA person must not be appointed as the ombudsman or the inspector of detention services if the person has been, within the last 3 years—\na member of the Parliament of the State, another State or the Commonwealth; or\nthe holder of—\nthe office of the chairperson, the mayor, the president, a councillor or a member of a local government; or\nan office in another State equivalent to an office mentioned in subparagraph (i) .\ns 60 amd 2022 No. 18 s 68\n- (a) a member of the Parliament of the State, another State or the Commonwealth; or\n- (b) the holder of— (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .\n- (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or\n- (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .\n- (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or\n- (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .","sortOrder":83},{"sectionNumber":"sec.61","sectionType":"section","heading":"Term of appointment","content":"### sec.61 Term of appointment\n\nThe ombudsman holds office as ombudsman for the term, of no more than 5 years, stated in the instrument of appointment.\nThe ombudsman holds office as inspector of detention services for the term, of no more than 5 years, stated in the instrument of appointment.\nA person may be reappointed as the ombudsman and the inspector of detention services.\nHowever, a person must not be reappointed if the total of the person’s terms of appointment as the ombudsman would be more than 10 years.\ns 61 sub 2022 No. 18 s 69\n(sec.61-ssec.1) The ombudsman holds office as ombudsman for the term, of no more than 5 years, stated in the instrument of appointment.\n(sec.61-ssec.2) The ombudsman holds office as inspector of detention services for the term, of no more than 5 years, stated in the instrument of appointment.\n(sec.61-ssec.3) A person may be reappointed as the ombudsman and the inspector of detention services.\n(sec.61-ssec.4) However, a person must not be reappointed if the total of the person’s terms of appointment as the ombudsman would be more than 10 years.","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.62 Remuneration and conditions\n\nThe ombudsman, as the ombudsman and the inspector of detention services, is to be paid remuneration and travelling and other allowances decided by the Governor in Council.\nThe remuneration paid under subsection (1) must not be reduced during the ombudsman’s term of office without the ombudsman’s written consent.\nThe ombudsman, as the ombudsman and the inspector of detention services, is entitled to the leave of absence decided by the Governor in Council.\nThe ombudsman holds office, as the ombudsman and the inspector of detention services, on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\nThe Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee.\nFor subsection (5) , the parliamentary committee—\nmust decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and\nis taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\nThe Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\ns 62 amd 2022 No. 18 s 70 ; 2024 No. 3 s 51\n(sec.62-ssec.1) The ombudsman, as the ombudsman and the inspector of detention services, is to be paid remuneration and travelling and other allowances decided by the Governor in Council.\n(sec.62-ssec.2) The remuneration paid under subsection (1) must not be reduced during the ombudsman’s term of office without the ombudsman’s written consent.\n(sec.62-ssec.3) The ombudsman, as the ombudsman and the inspector of detention services, is entitled to the leave of absence decided by the Governor in Council.\n(sec.62-ssec.4) The ombudsman holds office, as the ombudsman and the inspector of detention services, on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.62-ssec.5) The Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee.\n(sec.62-ssec.6) For subsection (5) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n(sec.62-ssec.7) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.\n- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and\n- (b) is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":"Oath before performing duties","content":"### sec.63 Oath before performing duties\n\nBefore performing the duties of office as the ombudsman and the inspector of detention services, the ombudsman must make an oath to the effect that he or she will faithfully and impartially perform the duties of each office.\nThe oath must be administered by the Speaker.\ns 63 amd 2022 No. 18 s 71\n(sec.63-ssec.1) Before performing the duties of office as the ombudsman and the inspector of detention services, the ombudsman must make an oath to the effect that he or she will faithfully and impartially perform the duties of each office.\n(sec.63-ssec.2) The oath must be administered by the Speaker.","sortOrder":86},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Declaration of interests","content":"### sec.63A Declaration of interests\n\nThis section applies to the ombudsman on appointment as the ombudsman or the inspector of detention services.\nAppointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\nThe ombudsman must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to—\nthe interests of the ombudsman; and\nthe interests of each person who is a related person in relation to the ombudsman.\nThe information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.\nSubsections (5) and (6) apply if, after the giving of the statement—\nthere is a change in the interests mentioned in subsection (2) ; and\nthe change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.\nThe ombudsman must give the Speaker a revised statement.\nThe revised statement must—\nbe given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and\ncomply with subsection (3) .\nThe Speaker must, if asked, give a copy of the latest statement to—\nthe Minister; or\nthe leader of a political party represented in the Legislative Assembly; or\nthe Crime and Corruption Commission; or\na member of the parliamentary committee; or\nthe integrity commissioner.\nThe Speaker must, if asked, give a copy of the part of the latest statement that relates only to the ombudsman to another member of the Legislative Assembly.\nA member of the Legislative Assembly may, by writing given to the Speaker, allege that the ombudsman has not complied with the requirements of this section.\nA reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\nIn this section—\nintegrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 .\nrelated person , in relation to the ombudsman, means—\nthe ombudsman’s spouse; or\na person who is totally or substantially dependent on the ombudsman and—\nthe person is the ombudsman’s child; or\nthe person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.\ns 63A ins 2010 No. 37 s 67\namd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2022 No. 18 s 72\n(sec.63A-ssec.1) This section applies to the ombudsman on appointment as the ombudsman or the inspector of detention services. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\n(sec.63A-ssec.2) The ombudsman must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— the interests of the ombudsman; and the interests of each person who is a related person in relation to the ombudsman.\n(sec.63A-ssec.3) The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.\n(sec.63A-ssec.4) Subsections (5) and (6) apply if, after the giving of the statement— there is a change in the interests mentioned in subsection (2) ; and the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.\n(sec.63A-ssec.5) The ombudsman must give the Speaker a revised statement.\n(sec.63A-ssec.6) The revised statement must— be given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and comply with subsection (3) .\n(sec.63A-ssec.7) The Speaker must, if asked, give a copy of the latest statement to— the Minister; or the leader of a political party represented in the Legislative Assembly; or the Crime and Corruption Commission; or a member of the parliamentary committee; or the integrity commissioner.\n(sec.63A-ssec.8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the ombudsman to another member of the Legislative Assembly.\n(sec.63A-ssec.9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the ombudsman has not complied with the requirements of this section.\n(sec.63A-ssec.10) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\n(sec.63A-ssec.11) In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 . related person , in relation to the ombudsman, means— the ombudsman’s spouse; or a person who is totally or substantially dependent on the ombudsman and— the person is the ombudsman’s child; or the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.\n- (a) the interests of the ombudsman; and\n- (b) the interests of each person who is a related person in relation to the ombudsman.\n- (a) there is a change in the interests mentioned in subsection (2) ; and\n- (b) the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.\n- (a) be given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and\n- (b) comply with subsection (3) .\n- (a) the Minister; or\n- (b) the leader of a political party represented in the Legislative Assembly; or\n- (c) the Crime and Corruption Commission; or\n- (d) a member of the parliamentary committee; or\n- (e) the integrity commissioner.\n- (a) the ombudsman’s spouse; or\n- (b) a person who is totally or substantially dependent on the ombudsman and— (i) the person is the ombudsman’s child; or (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.\n- (i) the person is the ombudsman’s child; or\n- (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.\n- (i) the person is the ombudsman’s child; or\n- (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.","sortOrder":87},{"sectionNumber":"sec.63B","sectionType":"section","heading":"Conflicts of interest","content":"### sec.63B Conflicts of interest\n\nThis section applies to the ombudsman in relation to the ombudsman’s official responsibilities as the ombudsman and the inspector of detention services.\nIf the ombudsman has an interest that conflicts or may conflict with the discharge of the ombudsman’s responsibilities, the ombudsman—\nmust disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.\nIf the conflict or possible conflict between an interest of the ombudsman and the ombudsman’s responsibilities is resolved, the ombudsman must give to the Speaker and parliamentary committee a statement advising of the action the ombudsman took to resolve the conflict or possible conflict.\nA reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\ns 63B ins 2010 No. 37 s 67\namd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2022 No. 18 s 73\n(sec.63B-ssec.1) This section applies to the ombudsman in relation to the ombudsman’s official responsibilities as the ombudsman and the inspector of detention services.\n(sec.63B-ssec.2) If the ombudsman has an interest that conflicts or may conflict with the discharge of the ombudsman’s responsibilities, the ombudsman— must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.\n(sec.63B-ssec.3) If the conflict or possible conflict between an interest of the ombudsman and the ombudsman’s responsibilities is resolved, the ombudsman must give to the Speaker and parliamentary committee a statement advising of the action the ombudsman took to resolve the conflict or possible conflict.\n(sec.63B-ssec.4) A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.\n- (a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Restriction on outside employment","content":"### sec.64 Restriction on outside employment\n\nThe ombudsman must not, without the Minister’s prior approval in each particular case—\nhold any offices of profit other than those of the ombudsman and the inspector of detention services; or\nengage in any remunerative employment or undertaking outside the duties of each office.\nContravention of subsection (1) is misconduct under division 2 .\ns 64 amd 2022 No. 18 s 74\n(sec.64-ssec.1) The ombudsman must not, without the Minister’s prior approval in each particular case— hold any offices of profit other than those of the ombudsman and the inspector of detention services; or engage in any remunerative employment or undertaking outside the duties of each office.\n(sec.64-ssec.2) Contravention of subsection (1) is misconduct under division 2 .\n- (a) hold any offices of profit other than those of the ombudsman and the inspector of detention services; or\n- (b) engage in any remunerative employment or undertaking outside the duties of each office.","sortOrder":89},{"sectionNumber":"sec.65","sectionType":"section","heading":"Acting ombudsman and inspector of detention services","content":"### sec.65 Acting ombudsman and inspector of detention services\n\nThe Governor in Council may appoint a person to act as the ombudsman and the inspector of detention services—\nduring a vacancy as the ombudsman or inspector of detention services; or\nduring any period when the ombudsman—\nis absent from duty as the ombudsman or inspector of detention services; or\nis unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.\nThe person appointed under subsection (1) to act as the ombudsman and the inspector of detention services must be eligible for appointment as the ombudsman and inspector of detention services.\nThe person appointed as the acting ombudsman and the acting inspector of detention services is appointed under this Act and not the Public Sector Act 2022 .\nThe Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) does not apply to the offices of the acting ombudsman and the acting inspector of detention services.\ns 65 amd 2008 No. 38 s 252 sch 3\nsub 2022 No. 18 s 75\namd 2022 No. 34 s 365 sch 3\n(sec.65-ssec.1) The Governor in Council may appoint a person to act as the ombudsman and the inspector of detention services— during a vacancy as the ombudsman or inspector of detention services; or during any period when the ombudsman— is absent from duty as the ombudsman or inspector of detention services; or is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.\n(sec.65-ssec.2) The person appointed under subsection (1) to act as the ombudsman and the inspector of detention services must be eligible for appointment as the ombudsman and inspector of detention services.\n(sec.65-ssec.3) The person appointed as the acting ombudsman and the acting inspector of detention services is appointed under this Act and not the Public Sector Act 2022 .\n(sec.65-ssec.4) The Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) does not apply to the offices of the acting ombudsman and the acting inspector of detention services.\n- (a) during a vacancy as the ombudsman or inspector of detention services; or\n- (b) during any period when the ombudsman— (i) is absent from duty as the ombudsman or inspector of detention services; or (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.\n- (i) is absent from duty as the ombudsman or inspector of detention services; or\n- (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.\n- (i) is absent from duty as the ombudsman or inspector of detention services; or\n- (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.","sortOrder":90},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Removal or suspension from office","content":"## Removal or suspension from office","sortOrder":91},{"sectionNumber":"sec.66","sectionType":"section","heading":"Grounds for removal or suspension from office as the ombudsman and inspector of detention services","content":"### sec.66 Grounds for removal or suspension from office as the ombudsman and inspector of detention services\n\nThe following are grounds for removal or suspension of the ombudsman from office as the ombudsman and inspector of detention services—\nproved incapacity, incompetence or misconduct;\nconviction of an indictable offence.\ns 66 amd 2022 No. 18 s 77\n- (a) proved incapacity, incompetence or misconduct;\n- (b) conviction of an indictable offence.","sortOrder":92},{"sectionNumber":"sec.67","sectionType":"section","heading":"Removal of ombudsman and inspector of detention services on address","content":"### sec.67 Removal of ombudsman and inspector of detention services on address\n\nThe Governor may, on an address from the Assembly, remove the ombudsman from office as the ombudsman and inspector of detention services.\nThe motion for the address may be moved only by the Premier.\nThe Premier may move the motion only if—\nthe Premier has given the ombudsman a statement setting out the reasons for the motion; and\nthe statement and any written response by the ombudsman have been tabled in the Assembly; and\nthe Premier has consulted with the parliamentary committee about the motion; and\nagreement to the motion has been obtained from—\nall members of the parliamentary committee; or\na majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\ns 67 amd 2022 No. 18 s 78\n(sec.67-ssec.1) The Governor may, on an address from the Assembly, remove the ombudsman from office as the ombudsman and inspector of detention services.\n(sec.67-ssec.2) The motion for the address may be moved only by the Premier.\n(sec.67-ssec.3) The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (a) the Premier has given the ombudsman a statement setting out the reasons for the motion; and\n- (b) the statement and any written response by the ombudsman have been tabled in the Assembly; and\n- (c) the Premier has consulted with the parliamentary committee about the motion; and\n- (d) agreement to the motion has been obtained from— (i) all members of the parliamentary committee; or (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.","sortOrder":93},{"sectionNumber":"sec.68","sectionType":"section","heading":"Suspension of ombudsman and inspector of detention services on address","content":"### sec.68 Suspension of ombudsman and inspector of detention services on address\n\nThe Governor may, on an address from the Assembly, suspend the ombudsman from office as the ombudsman and inspector of detention services.\nThe motion for the address may be moved only by the Premier.\nThe Premier may move the motion only if—\nthe Premier has given the ombudsman a statement setting out the reasons for the motion; and\nthe statement and any written response by the ombudsman have been tabled in the Assembly; and\nthe Premier has consulted with the parliamentary committee about the motion; and\nagreement to the motion has been obtained from—\nall members of the parliamentary committee; or\na majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\nThe ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension only if—\nthe Assembly resolves that the salary and allowances be paid for the period; or\nthe Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.\ns 68 amd 2022 No. 18 s 79\n(sec.68-ssec.1) The Governor may, on an address from the Assembly, suspend the ombudsman from office as the ombudsman and inspector of detention services.\n(sec.68-ssec.2) The motion for the address may be moved only by the Premier.\n(sec.68-ssec.3) The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n(sec.68-ssec.4) The ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension only if— the Assembly resolves that the salary and allowances be paid for the period; or the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.\n- (a) the Premier has given the ombudsman a statement setting out the reasons for the motion; and\n- (b) the statement and any written response by the ombudsman have been tabled in the Assembly; and\n- (c) the Premier has consulted with the parliamentary committee about the motion; and\n- (d) agreement to the motion has been obtained from— (i) all members of the parliamentary committee; or (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (i) all members of the parliamentary committee; or\n- (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.\n- (a) the Assembly resolves that the salary and allowances be paid for the period; or\n- (b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.","sortOrder":94},{"sectionNumber":"sec.69","sectionType":"section","heading":"Suspension of ombudsman and inspector of detention services if Assembly not sitting","content":"### sec.69 Suspension of ombudsman and inspector of detention services if Assembly not sitting\n\nIf the Assembly is not sitting, the Governor in Council may suspend the ombudsman from office as the ombudsman and inspector of detention services.\nThe Governor in Council may suspend the ombudsman only if—\nthe Premier has given the ombudsman a statement setting out the reasons for the suspension; and\nthe Premier has considered any response by the ombudsman to the statement.\nThe Premier must table the statement and any written response by the ombudsman in the Assembly within 3 sitting days after the day the suspension begins.\nThe suspension stops having effect—\nat the end of 6 sitting days after the day the suspension begins; or\nif the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time.\nIf the suspension stops having effect under subsection (4) (a) , the ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension.\ns 69 amd 2022 No. 18 s 80\n(sec.69-ssec.1) If the Assembly is not sitting, the Governor in Council may suspend the ombudsman from office as the ombudsman and inspector of detention services.\n(sec.69-ssec.2) The Governor in Council may suspend the ombudsman only if— the Premier has given the ombudsman a statement setting out the reasons for the suspension; and the Premier has considered any response by the ombudsman to the statement.\n(sec.69-ssec.3) The Premier must table the statement and any written response by the ombudsman in the Assembly within 3 sitting days after the day the suspension begins.\n(sec.69-ssec.4) The suspension stops having effect— at the end of 6 sitting days after the day the suspension begins; or if the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time.\n(sec.69-ssec.5) If the suspension stops having effect under subsection (4) (a) , the ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension.\n- (a) the Premier has given the ombudsman a statement setting out the reasons for the suspension; and\n- (b) the Premier has considered any response by the ombudsman to the statement.\n- (a) at the end of 6 sitting days after the day the suspension begins; or\n- (b) if the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time.","sortOrder":95},{"sectionNumber":"sec.70","sectionType":"section","heading":"Acts Interpretation Act 1954","content":"### sec.70 Acts Interpretation Act 1954\n\nThe Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply to the removal or suspension of the ombudsman or the inspector of detention services.\ns 70 amd 2022 No. 18 s 81","sortOrder":96},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Resignation and vacation of office","content":"## Resignation and vacation of office","sortOrder":97},{"sectionNumber":"sec.71","sectionType":"section","heading":"Resignation","content":"### sec.71 Resignation\n\nThe ombudsman may, at any time, resign office as the ombudsman and the inspector of detention services by signed writing, addressed to the Governor.\ns 71 amd 2022 No. 18 s 82","sortOrder":98},{"sectionNumber":"sec.72","sectionType":"section","heading":"Vacation of office","content":"### sec.72 Vacation of office\n\nThe ombudsman is taken to resign office as the ombudsman and the inspector of detention services on becoming a candidate for election to—\nthe Parliament of another State or of the Commonwealth; or\nthe office of the chairperson, the mayor, the president, a councillor or a member of a local government; or\nan office in another State equivalent to an office mentioned in paragraph (b) .\nUnder the Parliament of Queensland Act 2001 , section 67 (1) , the person holding office as the ombudsman and the inspector of detention services must resign on being nominated under the Electoral Act 1992 , section 84 , as a candidate for election.\ns 72 amd 2001 No. 81 s 146 ; 2022 No. 18 s 83\n- (a) the Parliament of another State or of the Commonwealth; or\n- (b) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or\n- (c) an office in another State equivalent to an office mentioned in paragraph (b) .","sortOrder":99},{"sectionNumber":"pt.8","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":100},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Establishment and control of office","content":"## Establishment and control of office","sortOrder":101},{"sectionNumber":"sec.73","sectionType":"section","heading":"Office of the Ombudsman","content":"### sec.73 Office of the Ombudsman\n\nAn office called the Office of the Ombudsman is established.\nThe ombudsman office consists of the ombudsman, the inspector of detention services and the officers of the ombudsman.\nThe functions of the ombudsman office are—\nto help the ombudsman perform the ombudsman’s functions under this Act; and\nto help the inspector of detention services perform the inspector’s functions under the Inspector of Detention Services Act 2022 .\ns 73 amd 2022 No. 18 s 84\n(sec.73-ssec.1) An office called the Office of the Ombudsman is established.\n(sec.73-ssec.2) The ombudsman office consists of the ombudsman, the inspector of detention services and the officers of the ombudsman.\n(sec.73-ssec.3) The functions of the ombudsman office are— to help the ombudsman perform the ombudsman’s functions under this Act; and to help the inspector of detention services perform the inspector’s functions under the Inspector of Detention Services Act 2022 .\n- (a) to help the ombudsman perform the ombudsman’s functions under this Act; and\n- (b) to help the inspector of detention services perform the inspector’s functions under the Inspector of Detention Services Act 2022 .","sortOrder":102},{"sectionNumber":"sec.74","sectionType":"section","heading":"Control of ombudsman office","content":"### sec.74 Control of ombudsman office\n\nThe ombudsman controls the ombudsman office.\nSubsection (1) applies subject to the Inspector of Detention Services Act 2022 , section 34 .\ns 74 sub 2022 No. 18 s 85\n(sec.74-ssec.1) The ombudsman controls the ombudsman office.\n(sec.74-ssec.2) Subsection (1) applies subject to the Inspector of Detention Services Act 2022 , section 34 .","sortOrder":103},{"sectionNumber":"sec.75","sectionType":"section","heading":"Officers not subject to outside direction","content":"### sec.75 Officers not subject to outside direction\n\nAn officer of the ombudsman is not subject to direction by any person, other than from within the ombudsman office, about—\nthe way the ombudsman’s powers for investigations are to be exercised; or\nthe priority given to investigations; or\nthe way the powers of the inspector of detention services are to be exercised.\nSubsection (1) (c) applies subject to the Inspector of Detention Services Act 2022 , section 37 .\ns 75 amd 2022 No. 18 s 86\n(sec.75-ssec.1) An officer of the ombudsman is not subject to direction by any person, other than from within the ombudsman office, about— the way the ombudsman’s powers for investigations are to be exercised; or the priority given to investigations; or the way the powers of the inspector of detention services are to be exercised.\n(sec.75-ssec.2) Subsection (1) (c) applies subject to the Inspector of Detention Services Act 2022 , section 37 .\n- (a) the way the ombudsman’s powers for investigations are to be exercised; or\n- (b) the priority given to investigations; or\n- (c) the way the powers of the inspector of detention services are to be exercised.","sortOrder":104},{"sectionNumber":"sec.75A","sectionType":"section","heading":"Ombudsman office not public sector entity","content":"### sec.75A Ombudsman office not public sector entity\n\nThe ombudsman office is prescribed not to be a public sector entity for the Public Sector Act 2022 , section 8 (2) (s) .\ns 75A ins 2022 No. 34 s 354","sortOrder":105},{"sectionNumber":"sec.75B","sectionType":"section","heading":"Ombudsman office to comply with obligations relating to equity, diversity, respect and inclusion","content":"### sec.75B Ombudsman office to comply with obligations relating to equity, diversity, respect and inclusion\n\nThe ombudsman office is prescribed for the Public Sector Act 2022 , section 25 , definition prescribed entity , paragraph (c) .\ns 75B ins 2022 No. 34 s 354","sortOrder":106},{"sectionNumber":"sec.75C","sectionType":"section","heading":"Application of provisions of Public Sector Act 2022","content":"### sec.75C Application of provisions of Public Sector Act 2022\n\nA regulation may—\napply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the ombudsman office, the ombudsman and officers of the ombudsman; and\nprovide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must consult with the ombudsman about the proposed regulation.\nIf a regulation is made under subsection (1) —\nthe Public Sector Act 2022 applies to the ombudsman office, the ombudsman and officers of the ombudsman only to the extent provided for under the regulation; and\nthe Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\nAlso, a regulation may prescribe anything necessary or convenient to be prescribed—\nto enable a regulation under subsection (1) to be made; or\nto carry out or give effect to a regulation made under subsection (1) ; or\nbecause of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.\ns 75C ins 2022 No. 34 s 354\n(sec.75C-ssec.1) A regulation may— apply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the ombudsman office, the ombudsman and officers of the ombudsman; and provide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\n(sec.75C-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must consult with the ombudsman about the proposed regulation.\n(sec.75C-ssec.3) If a regulation is made under subsection (1) — the Public Sector Act 2022 applies to the ombudsman office, the ombudsman and officers of the ombudsman only to the extent provided for under the regulation; and the Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\n(sec.75C-ssec.4) Also, a regulation may prescribe anything necessary or convenient to be prescribed— to enable a regulation under subsection (1) to be made; or to carry out or give effect to a regulation made under subsection (1) ; or because of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.\n- (a) apply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the ombudsman office, the ombudsman and officers of the ombudsman; and\n- (b) provide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\n- (a) the Public Sector Act 2022 applies to the ombudsman office, the ombudsman and officers of the ombudsman only to the extent provided for under the regulation; and\n- (b) the Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\n- (a) to enable a regulation under subsection (1) to be made; or\n- (b) to carry out or give effect to a regulation made under subsection (1) ; or\n- (c) because of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.","sortOrder":107},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Staff of the office","content":"## Staff of the office","sortOrder":108},{"sectionNumber":"sec.76","sectionType":"section","heading":"Officers","content":"### sec.76 Officers\n\nThe ombudsman may employ the officers the ombudsman considers necessary for staffing the ombudsman office.\nOfficers are appointed under this Act and not the Public Sector Act 2022 .\nSubject to this Act, the Inspector of Detention Services Act 2022 and any relevant industrial instrument within the meaning of the Industrial Relations Act 2016 , the conditions of service of officers of the ombudsman are those decided by the Governor in Council.\ns 76 amd 2008 No. 38 s 252 sch 3 ; 2016 No. 63 s 1114 ; 2022 No. 18 s 87 ; 2022 No. 34 s 365 sch 3\n(sec.76-ssec.1) The ombudsman may employ the officers the ombudsman considers necessary for staffing the ombudsman office.\n(sec.76-ssec.2) Officers are appointed under this Act and not the Public Sector Act 2022 .\n(sec.76-ssec.3) Subject to this Act, the Inspector of Detention Services Act 2022 and any relevant industrial instrument within the meaning of the Industrial Relations Act 2016 , the conditions of service of officers of the ombudsman are those decided by the Governor in Council.","sortOrder":109},{"sectionNumber":"sec.77","sectionType":"section","heading":"Secondment as officer of ombudsman","content":"### sec.77 Secondment as officer of ombudsman\n\nA public service officer may be seconded to the ombudsman office.\nWhile seconded under this section—\nthe person is taken to be an officer of the ombudsman; and\nthe Public Sector Act 2022 does not apply to the person.\ns 77 amd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3\n(sec.77-ssec.1) A public service officer may be seconded to the ombudsman office.\n(sec.77-ssec.2) While seconded under this section— the person is taken to be an officer of the ombudsman; and the Public Sector Act 2022 does not apply to the person.\n- (a) the person is taken to be an officer of the ombudsman; and\n- (b) the Public Sector Act 2022 does not apply to the person.","sortOrder":110},{"sectionNumber":"sec.78","sectionType":"section","heading":"Temporary and casual employees","content":"### sec.78 Temporary and casual employees\n\nThe ombudsman may employ the temporary and casual employees whom—\nthe ombudsman considers are necessary for this Act; and\nthe ombudsman as the inspector of detention services considers are necessary for the Inspector of Detention Services Act 2022 .\nThe ombudsman may decide the terms of employment of an employee mentioned in subsection (1) .\nHowever, subsection (2) has effect subject to any relevant industrial instrument within the meaning of the Industrial Relations Act 2016 .\nEmployees of the ombudsman are employed under this Act and not the Public Sector Act 2022 .\ns 78 amd 2008 No. 38 s 252 sch 3 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 18 s 88 ; 2022 No. 34 s 365 sch 3\n(sec.78-ssec.1) The ombudsman may employ the temporary and casual employees whom— the ombudsman considers are necessary for this Act; and the ombudsman as the inspector of detention services considers are necessary for the Inspector of Detention Services Act 2022 .\n(sec.78-ssec.2) The ombudsman may decide the terms of employment of an employee mentioned in subsection (1) .\n(sec.78-ssec.3) However, subsection (2) has effect subject to any relevant industrial instrument within the meaning of the Industrial Relations Act 2016 .\n(sec.78-ssec.4) Employees of the ombudsman are employed under this Act and not the Public Sector Act 2022 .\n- (a) the ombudsman considers are necessary for this Act; and\n- (b) the ombudsman as the inspector of detention services considers are necessary for the Inspector of Detention Services Act 2022 .","sortOrder":111},{"sectionNumber":"sec.78A","sectionType":"section","heading":"Restriction on employment or secondment of person","content":"### sec.78A Restriction on employment or secondment of person\n\nA person may not be employed under section 76 or 78 , or seconded under section 77 , unless the person has given the ombudsman written consent to obtain the information mentioned in section 78B (1) (a) and (b) in relation to the person’s criminal history.\ns 78A ins 2017 No. 17 s 182","sortOrder":112},{"sectionNumber":"sec.78B","sectionType":"section","heading":"Criminal history report","content":"### sec.78B Criminal history report\n\nTo decide if a person is suitable to be employed under section 76 or 78 , or seconded under section 77 , the ombudsman may ask the commissioner of the police service for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the ombudsman may make the request only if the person has given the ombudsman written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\nBefore using information obtained under subsection (1) to decide if the person should be employed or seconded, the ombudsman must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the ombudsman about the information.\ns 78B ins 2017 No. 17 s 182\n(sec.78B-ssec.1) To decide if a person is suitable to be employed under section 76 or 78 , or seconded under section 77 , the ombudsman may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.78B-ssec.2) However, the ombudsman may make the request only if the person has given the ombudsman written consent for the request.\n(sec.78B-ssec.3) The commissioner of the police service must comply with the request.\n(sec.78B-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.78B-ssec.5) Before using information obtained under subsection (1) to decide if the person should be employed or seconded, the ombudsman must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the ombudsman about the information.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the ombudsman about the information.","sortOrder":113},{"sectionNumber":"sec.78C","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.78C Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person is or was the ombudsman, the inspector of detention services or an officer of the ombudsman.\nThe person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose the criminal history information to another person—\nto the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nThe person must ensure the criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history information means a report or information given to the ombudsman under section 78B .\ns 78C ins 2017 No. 17 s 182\namd 2022 No. 18 s 89\n(sec.78C-ssec.1) This section applies to a person who possesses criminal history information because the person is or was the ombudsman, the inspector of detention services or an officer of the ombudsman.\n(sec.78C-ssec.2) The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.78C-ssec.3) The person may disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.78C-ssec.4) The person must ensure the criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.78C-ssec.5) In this section— criminal history information means a report or information given to the ombudsman under section 78B .\n- (a) to the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.","sortOrder":114},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Preservation of rights","content":"## Preservation of rights","sortOrder":115},{"sectionNumber":"sec.79","sectionType":"section","heading":"Preservation of rights if public service officer appointed","content":"### sec.79 Preservation of rights if public service officer appointed\n\nA public service officer who is appointed, under this Act, to an office is entitled to retain all existing and accruing rights as if service in that office were a continuation of service as a public service officer.\nIf the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.\nThe person is to be employed on the classification level and remuneration that the Public Sector Commissioner under the Public Sector Act 2022 or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.\ns 79 amd 2008 No. 38 s 252 sch 3 ; 2022 No. 18 s 90 ; 2022 No. 34 s 365 sch 3\n(sec.79-ssec.1) A public service officer who is appointed, under this Act, to an office is entitled to retain all existing and accruing rights as if service in that office were a continuation of service as a public service officer.\n(sec.79-ssec.2) If the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.\n(sec.79-ssec.3) The person is to be employed on the classification level and remuneration that the Public Sector Commissioner under the Public Sector Act 2022 or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.","sortOrder":116},{"sectionNumber":"sec.80","sectionType":"section","heading":"Preservation of rights if person becomes public service officer","content":"### sec.80 Preservation of rights if person becomes public service officer\n\nOn the appointment of a person holding office under this Act as a public service officer, the person’s service in the ombudsman office must be regarded as service as a public service officer.\nSubsection (1) does not apply to a person holding office as the ombudsman, inspector of detention services, acting ombudsman or acting inspector of detention services if the person is guilty of misconduct in the office.\ns 80 amd 2022 No. 18 s 91\n(sec.80-ssec.1) On the appointment of a person holding office under this Act as a public service officer, the person’s service in the ombudsman office must be regarded as service as a public service officer.\n(sec.80-ssec.2) Subsection (1) does not apply to a person holding office as the ombudsman, inspector of detention services, acting ombudsman or acting inspector of detention services if the person is guilty of misconduct in the office.","sortOrder":117},{"sectionNumber":"sec.81","sectionType":"section","heading":"Preservation of ombudsman’s rights if not previously public service officer","content":"### sec.81 Preservation of ombudsman’s rights if not previously public service officer\n\nThis section applies to a person who stops holding office as the ombudsman and the inspector of detention services, whether because of resignation or ending a term of appointment, if the person was not a public service officer but held another office under the State immediately before appointment as ombudsman.\nThe person is entitled to be appointed to an office under the State with a classification and remuneration corresponding with or higher than that of the office the person held immediately before appointment as ombudsman and the person’s service as the ombudsman and the inspector of detention services must be regarded as service in an office under the State.\nSubsection (2) does not apply to the person if the person is guilty of misconduct in office as the ombudsman or the inspector of detention services.\nIn this section—\ninspector of detention services includes the acting inspector of detention services.\nombudsman includes the acting ombudsman.\ns 81 amd 2022 No. 18 s 92\n(sec.81-ssec.1) This section applies to a person who stops holding office as the ombudsman and the inspector of detention services, whether because of resignation or ending a term of appointment, if the person was not a public service officer but held another office under the State immediately before appointment as ombudsman.\n(sec.81-ssec.2) The person is entitled to be appointed to an office under the State with a classification and remuneration corresponding with or higher than that of the office the person held immediately before appointment as ombudsman and the person’s service as the ombudsman and the inspector of detention services must be regarded as service in an office under the State.\n(sec.81-ssec.3) Subsection (2) does not apply to the person if the person is guilty of misconduct in office as the ombudsman or the inspector of detention services.\n(sec.81-ssec.4) In this section— inspector of detention services includes the acting inspector of detention services. ombudsman includes the acting ombudsman.","sortOrder":118},{"sectionNumber":"sec.82","sectionType":"section","heading":"Preservation of rights if public service officer seconded","content":"### sec.82 Preservation of rights if public service officer seconded\n\nA public service officer seconded under section 77 —\nis entitled to the person’s existing and accruing rights as if employment as an officer of the ombudsman were a continuation of employment as a public service officer; and\nmay apply for positions, and be employed, in the public service as if the person were a public service officer.\nOn ending the secondment, the person’s employment on secondment as an officer of the ombudsman is taken to be employment of the same nature in the public service for working out the person’s rights as a public service officer.\nIf the secondment ended for a reason other than misconduct, the person is entitled to be employed as a public service officer.\nThe person is entitled to be employed on the same, or a higher, classification level and remuneration that the Public Sector Commissioner under the Public Sector Act 2022 or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had not been seconded.\ns 82 amd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3\n(sec.82-ssec.1) A public service officer seconded under section 77 — is entitled to the person’s existing and accruing rights as if employment as an officer of the ombudsman were a continuation of employment as a public service officer; and may apply for positions, and be employed, in the public service as if the person were a public service officer.\n(sec.82-ssec.2) On ending the secondment, the person’s employment on secondment as an officer of the ombudsman is taken to be employment of the same nature in the public service for working out the person’s rights as a public service officer.\n(sec.82-ssec.3) If the secondment ended for a reason other than misconduct, the person is entitled to be employed as a public service officer.\n(sec.82-ssec.4) The person is entitled to be employed on the same, or a higher, classification level and remuneration that the Public Sector Commissioner under the Public Sector Act 2022 or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had not been seconded.\n- (a) is entitled to the person’s existing and accruing rights as if employment as an officer of the ombudsman were a continuation of employment as a public service officer; and\n- (b) may apply for positions, and be employed, in the public service as if the person were a public service officer.","sortOrder":119},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Strategic review","content":"## Strategic review","sortOrder":120},{"sectionNumber":"sec.83","sectionType":"section","heading":"Strategic review of ombudsman office","content":"### sec.83 Strategic review of ombudsman office\n\nStrategic reviews of the ombudsman office are to be conducted under this division.\nA strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report ) for the most recent earlier strategic review was given to the Minister and the ombudsman under section 85 (4) , up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.\nHowever, if the parliamentary committee reported to the Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 the 5 years is counted from when the Minister’s response was tabled under that section.\nEach strategic review is to be undertaken by an appropriately qualified person ( reviewer ), appointed by the Governor in Council, who is to give a report on the review.\nFor subsection (4) , a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.\nThe terms of reference for a strategic review are to be decided by the Governor in Council.\nThe Minister may make a recommendation to the Governor in Council regarding the appointment of a reviewer or the terms of reference for a strategic review only—\nwith the approval of the parliamentary committee; and\nafter consultation with the ombudsman.\nFor subsection (7) (a) , the parliamentary committee—\nmust decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister; and\nis taken to have approved the appointment of a reviewer, or the terms of reference for a strategic review, stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\nThe remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.\nIn this section—\nstrategic review includes—\na review of the functions of the ombudsman and the inspector of detention services; and\na review of the performance of the functions to assess whether they are being performed economically, effectively and efficiently.\ns 83 amd 2001 No. 81 s 147 ; 2017 No. 17 s 183 ; 2022 No. 33 s 61 ; 2022 No. 18 s 93 ; 2024 No. 3 s 52\n(sec.83-ssec.1) Strategic reviews of the ombudsman office are to be conducted under this division.\n(sec.83-ssec.2) A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report ) for the most recent earlier strategic review was given to the Minister and the ombudsman under section 85 (4) , up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.\n(sec.83-ssec.3) However, if the parliamentary committee reported to the Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 the 5 years is counted from when the Minister’s response was tabled under that section.\n(sec.83-ssec.4) Each strategic review is to be undertaken by an appropriately qualified person ( reviewer ), appointed by the Governor in Council, who is to give a report on the review.\n(sec.83-ssec.5) For subsection (4) , a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.\n(sec.83-ssec.6) The terms of reference for a strategic review are to be decided by the Governor in Council.\n(sec.83-ssec.7) The Minister may make a recommendation to the Governor in Council regarding the appointment of a reviewer or the terms of reference for a strategic review only— with the approval of the parliamentary committee; and after consultation with the ombudsman.\n(sec.83-ssec.8) For subsection (7) (a) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister; and is taken to have approved the appointment of a reviewer, or the terms of reference for a strategic review, stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n(sec.83-ssec.9) The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.\n(sec.83-ssec.10) In this section— strategic review includes— a review of the functions of the ombudsman and the inspector of detention services; and a review of the performance of the functions to assess whether they are being performed economically, effectively and efficiently.\n- (a) with the approval of the parliamentary committee; and\n- (b) after consultation with the ombudsman.\n- (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister; and\n- (b) is taken to have approved the appointment of a reviewer, or the terms of reference for a strategic review, stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.\n- (a) a review of the functions of the ombudsman and the inspector of detention services; and\n- (b) a review of the performance of the functions to assess whether they are being performed economically, effectively and efficiently.","sortOrder":121},{"sectionNumber":"sec.84","sectionType":"section","heading":"Conduct of strategic review","content":"### sec.84 Conduct of strategic review\n\nIn conducting a strategic review—\nthe reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and\nthat Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.\ns 84 amd 2009 No. 9 s 136 sch 1\n- (a) the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and\n- (b) that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.","sortOrder":122},{"sectionNumber":"sec.85","sectionType":"section","heading":"Report of strategic review","content":"### sec.85 Report of strategic review\n\nThe reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the ombudsman.\nThe ombudsman may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.\nIf the ombudsman comments under subsection (2) , the reviewer must—\nif the reviewer and ombudsman can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or\nif the reviewer and ombudsman can not agree about how to dispose of a comment—include the comment, in full, in the report.\nAfter complying with subsections (1) and (3) , the reviewer must give the report ( review report ) to the parliamentary committee, the Minister and the ombudsman.\nThe review report must be the same as the proposed report given to them under subsection (1) , apart from the changes made under subsection (3) .\nThe chair of the parliamentary committee must table the review report in the Assembly within 3 sitting days after the committee receives the report.\nFor the Parliament of Queensland Act 2001 , section 92 (2) the report is referred to the parliamentary committee.\ns 85 amd 2001 No. 81 s 148 ; 2011 No. 15 s 63 ; 2024 No. 3 s 53\n(sec.85-ssec.1) The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the ombudsman.\n(sec.85-ssec.2) The ombudsman may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.\n(sec.85-ssec.3) If the ombudsman comments under subsection (2) , the reviewer must— if the reviewer and ombudsman can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or if the reviewer and ombudsman can not agree about how to dispose of a comment—include the comment, in full, in the report.\n(sec.85-ssec.4) After complying with subsections (1) and (3) , the reviewer must give the report ( review report ) to the parliamentary committee, the Minister and the ombudsman.\n(sec.85-ssec.5) The review report must be the same as the proposed report given to them under subsection (1) , apart from the changes made under subsection (3) .\n(sec.85-ssec.6) The chair of the parliamentary committee must table the review report in the Assembly within 3 sitting days after the committee receives the report.\n(sec.85-ssec.7) For the Parliament of Queensland Act 2001 , section 92 (2) the report is referred to the parliamentary committee.\n- (a) if the reviewer and ombudsman can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or\n- (b) if the reviewer and ombudsman can not agree about how to dispose of a comment—include the comment, in full, in the report.","sortOrder":123},{"sectionNumber":"pt.8-div.4A","sectionType":"division","heading":"Funding proposals","content":"## Funding proposals","sortOrder":124},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Definitions for division","content":"### sec.85A Definitions for division\n\nIn this division—\nadditional funding , for a financial year, means funding from the State for the ombudsman office in addition to the allocated amount for the financial year.\nallocated amount , for a financial year, means the amount of funding from the State allocated to the ombudsman office for the financial year.\nfunding proposal means a written request for additional funding for a financial year or 2 or more financial years.\ns 85A ins 2024 No. 3 s 54","sortOrder":125},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Application of division","content":"### sec.85B Application of division\n\nThis division applies if the ombudsman decides additional funding is needed for a financial year or 2 or more financial years.\ns 85B ins 2024 No. 3 s 54","sortOrder":126},{"sectionNumber":"sec.85C","sectionType":"section","heading":"Requirement for, and approval of, funding proposal","content":"### sec.85C Requirement for, and approval of, funding proposal\n\nThe ombudsman must—\nprepare a funding proposal for the additional funding; and\ngive the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\nWithin the period stated in subsection (3) , the parliamentary committee must review the ombudsman’s funding proposal and give the Minister a report approving 1 of the following—\nthe ombudsman’s funding proposal;\na funding proposal for a different amount or a different purpose, or both;\na proposal that provides for no additional funding for the ombudsman office.\nFor subsection (2) , the period is—\n20 business days after the parliamentary committee receives the ombudsman’s funding proposal; or\nif, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period.\nThe Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\nThe parliamentary committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\nIf the parliamentary committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the ombudsman’s funding proposal.\nIn this section—\nQueensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\ns 85C ins 2024 No. 3 s 54\n(sec.85C-ssec.1) The ombudsman must— prepare a funding proposal for the additional funding; and give the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\n(sec.85C-ssec.2) Within the period stated in subsection (3) , the parliamentary committee must review the ombudsman’s funding proposal and give the Minister a report approving 1 of the following— the ombudsman’s funding proposal; a funding proposal for a different amount or a different purpose, or both; a proposal that provides for no additional funding for the ombudsman office.\n(sec.85C-ssec.3) For subsection (2) , the period is— 20 business days after the parliamentary committee receives the ombudsman’s funding proposal; or if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period. The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\n(sec.85C-ssec.4) The parliamentary committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\n(sec.85C-ssec.5) If the parliamentary committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the ombudsman’s funding proposal.\n(sec.85C-ssec.6) In this section— Queensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\n- (a) prepare a funding proposal for the additional funding; and\n- (b) give the funding proposal to the parliamentary committee and a copy of the proposal to the Minister.\n- (a) the ombudsman’s funding proposal;\n- (b) a funding proposal for a different amount or a different purpose, or both;\n- (c) a proposal that provides for no additional funding for the ombudsman office.\n- (a) 20 business days after the parliamentary committee receives the ombudsman’s funding proposal; or\n- (b) if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the parliamentary committee of the shorter period and the reasons for the shorter period—the shorter period. Example for paragraph (b) — The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.","sortOrder":127},{"sectionNumber":"sec.85D","sectionType":"section","heading":"Tabling requirement","content":"### sec.85D Tabling requirement\n\nThe Minister must table the following documents in the Assembly for each proposal approved, or taken to be approved, by the parliamentary committee under this division—\nthe committee’s report about the proposal under section 85C (2) , if any;\na report setting out the Minister’s response to the proposal.\nThe documents must not be tabled in the Assembly before the Minister’s response to the proposal has been implemented.\nThe parliamentary committee’s report about the proposal under section 85C (2) must not be tabled in the Assembly other than as provided under subsections (1) and (2) .\nIn this section—\nproposal means—\na funding proposal mentioned in section 85C (2) (a) or (b) ; or\na proposal mentioned in section 85C (2) (c) .\ns 85D ins 2024 No. 3 s 54\n(sec.85D-ssec.1) The Minister must table the following documents in the Assembly for each proposal approved, or taken to be approved, by the parliamentary committee under this division— the committee’s report about the proposal under section 85C (2) , if any; a report setting out the Minister’s response to the proposal.\n(sec.85D-ssec.2) The documents must not be tabled in the Assembly before the Minister’s response to the proposal has been implemented.\n(sec.85D-ssec.3) The parliamentary committee’s report about the proposal under section 85C (2) must not be tabled in the Assembly other than as provided under subsections (1) and (2) .\n(sec.85D-ssec.4) In this section— proposal means— a funding proposal mentioned in section 85C (2) (a) or (b) ; or a proposal mentioned in section 85C (2) (c) .\n- (a) the committee’s report about the proposal under section 85C (2) , if any;\n- (b) a report setting out the Minister’s response to the proposal.\n- (a) a funding proposal mentioned in section 85C (2) (a) or (b) ; or\n- (b) a proposal mentioned in section 85C (2) (c) .","sortOrder":128},{"sectionNumber":"sec.85E","sectionType":"section","heading":"Parliamentary committee may obtain advice or information","content":"### sec.85E Parliamentary committee may obtain advice or information\n\nFor preparing a report under section 85C (2) , the parliamentary committee may obtain advice or other information from any of the following persons—\nthe Treasurer;\nthe Minister;\nthe ombudsman;\nan officer of the department.\ns 85E ins 2024 No. 3 s 54\n- (a) the Treasurer;\n- (b) the Minister;\n- (c) the ombudsman;\n- (d) an officer of the department.","sortOrder":129},{"sectionNumber":"sec.85F","sectionType":"section","heading":"Confidential information not required to be given","content":"### sec.85F Confidential information not required to be given\n\nNothing in this division requires the ombudsman to include in a funding proposal, or the ombudsman or any other person to give the parliamentary committee, any details that would, if given—\nprejudice a current investigation by the ombudsman; or\ndisclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.\ns 85F ins 2024 No. 3 s 54\n- (a) prejudice a current investigation by the ombudsman; or\n- (b) disclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.","sortOrder":130},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":131},{"sectionNumber":"sec.86","sectionType":"section","heading":"Delegation","content":"### sec.86 Delegation\n\nThe ombudsman may delegate the ombudsman’s functions under this Act or the Human Rights Act 2019 , section 66 to an appropriately qualified officer of the ombudsman.\nHowever, the ombudsman may not delegate a function under this Act to an officer of the ombudsman if the ombudsman as the inspector of detention services has delegated a function to the officer under the Inspector of Detention Services Act 2022 .\nIn this section—\nfunctions includes powers.\ns 86 sub 2014 No. 28 s 97\namd 2020 No. 15 s 156 ; 2022 No. 18 s 94\n(sec.86-ssec.1) The ombudsman may delegate the ombudsman’s functions under this Act or the Human Rights Act 2019 , section 66 to an appropriately qualified officer of the ombudsman.\n(sec.86-ssec.2) However, the ombudsman may not delegate a function under this Act to an officer of the ombudsman if the ombudsman as the inspector of detention services has delegated a function to the officer under the Inspector of Detention Services Act 2022 .\n(sec.86-ssec.3) In this section— functions includes powers.","sortOrder":132},{"sectionNumber":"sec.87","sectionType":"section","heading":"Annual report","content":"### sec.87 Annual report\n\nFor the application of the Financial Accountability Act 2009 , section 63 to the ombudsman office, the appropriate Minister is the Minister administering this section.\nAlso—\ndespite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the ombudsman office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and\ndespite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Assembly within the time mentioned in that section.\nThis section does not limit any other provision of this Act under which the ombudsman may or must make a report.\ns 87 amd 2009 No. 9 s 136 sch 1 ; 2024 No. 3 s 55\n(sec.87-ssec.1) For the application of the Financial Accountability Act 2009 , section 63 to the ombudsman office, the appropriate Minister is the Minister administering this section.\n(sec.87-ssec.2) Also— despite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the ombudsman office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and despite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Assembly within the time mentioned in that section.\n(sec.87-ssec.3) This section does not limit any other provision of this Act under which the ombudsman may or must make a report.\n- (a) despite the Financial Accountability Act 2009 , section 63 (1) (b) , the annual report for the ombudsman office must be given to the parliamentary committee, the Speaker, the appropriate Minister and the Treasurer in the way and within the time mentioned in that section; and\n- (b) despite the Financial Accountability Act 2009 , section 63 (2) , the chair of the parliamentary committee must table the annual report in the Assembly within the time mentioned in that section.","sortOrder":133},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 amd 2009 No. 9 s 136 sch 1 ; 2022 No. 18 s 95\nom 2024 No. 3 s 56","sortOrder":134},{"sectionNumber":"pt.9","sectionType":"part","heading":"Parliamentary committee","content":"# Parliamentary committee","sortOrder":135},{"sectionNumber":"sec.89","sectionType":"section","heading":"Functions","content":"### sec.89 Functions\n\nThe parliamentary committee has the following functions—\nto monitor and review the performance by the ombudsman of the ombudsman’s functions under this Act;\nto monitor and review the performance by the inspector of detention services of the inspector’s functions under the Inspector of Detention Services Act 2022 ;\nto report to the Assembly on any matter the committee considers should be drawn to the Assembly’s attention relating to—\nthe ombudsman; or\nthe functions, or the performance of the functions, of the ombudsman; or\nthe inspector of detention services; or\nthe functions, or the performance of the functions, of the inspector of detention services, including, in particular, the function of inspecting places of detention under the Inspector of Detention Services Act 2022 , section 8 (1) (c) ;\nto examine each annual report for the ombudsman office tabled in the Assembly under the Financial Accountability Act 2009 and, if appropriate, to comment on any aspect of the report;\nto examine each report tabled in the Assembly under this Act and any report tabled under the Inspector of Detention Services Act 2022 , section 21 (3) and, if appropriate, to comment on any aspect of the report;\nto report to the Assembly any changes to the functions, structures and procedures of the ombudsman or the inspector of detention services that the committee considers desirable for the more effective operation of this Act or the Inspector of Detention Services Act 2022 ;\nthe other functions conferred on the parliamentary committee by this Act.\ns 89 amd 2001 No. 81 s 149 ; 2011 No. 15 s 64\nsub 2022 No. 18 s 96\namd 2024 No. 3 s 57\n- (a) to monitor and review the performance by the ombudsman of the ombudsman’s functions under this Act;\n- (b) to monitor and review the performance by the inspector of detention services of the inspector’s functions under the Inspector of Detention Services Act 2022 ;\n- (c) to report to the Assembly on any matter the committee considers should be drawn to the Assembly’s attention relating to— (i) the ombudsman; or (ii) the functions, or the performance of the functions, of the ombudsman; or (iii) the inspector of detention services; or (iv) the functions, or the performance of the functions, of the inspector of detention services, including, in particular, the function of inspecting places of detention under the Inspector of Detention Services Act 2022 , section 8 (1) (c) ;\n- (i) the ombudsman; or\n- (ii) the functions, or the performance of the functions, of the ombudsman; or\n- (iii) the inspector of detention services; or\n- (iv) the functions, or the performance of the functions, of the inspector of detention services, including, in particular, the function of inspecting places of detention under the Inspector of Detention Services Act 2022 , section 8 (1) (c) ;\n- (d) to examine each annual report for the ombudsman office tabled in the Assembly under the Financial Accountability Act 2009 and, if appropriate, to comment on any aspect of the report;\n- (e) to examine each report tabled in the Assembly under this Act and any report tabled under the Inspector of Detention Services Act 2022 , section 21 (3) and, if appropriate, to comment on any aspect of the report;\n- (f) to report to the Assembly any changes to the functions, structures and procedures of the ombudsman or the inspector of detention services that the committee considers desirable for the more effective operation of this Act or the Inspector of Detention Services Act 2022 ;\n- (g) the other functions conferred on the parliamentary committee by this Act.\n- (i) the ombudsman; or\n- (ii) the functions, or the performance of the functions, of the ombudsman; or\n- (iii) the inspector of detention services; or\n- (iv) the functions, or the performance of the functions, of the inspector of detention services, including, in particular, the function of inspecting places of detention under the Inspector of Detention Services Act 2022 , section 8 (1) (c) ;","sortOrder":136},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":137},{"sectionNumber":"sec.90","sectionType":"section","heading":"Right to interpreter or other help","content":"### sec.90 Right to interpreter or other help\n\nThis section applies if the ombudsman considers a person (the relevant person ) dealing with the ombudsman under this Act before or in an investigation is unable, because of inadequate knowledge of the English language or, for another reason, to understand English or speak English with reasonable fluency.\nThe ombudsman must take all reasonable steps to ensure an interpreter or other suitable person is available to help the relevant person and the ombudsman communicate effectively.\n(sec.90-ssec.1) This section applies if the ombudsman considers a person (the relevant person ) dealing with the ombudsman under this Act before or in an investigation is unable, because of inadequate knowledge of the English language or, for another reason, to understand English or speak English with reasonable fluency.\n(sec.90-ssec.2) The ombudsman must take all reasonable steps to ensure an interpreter or other suitable person is available to help the relevant person and the ombudsman communicate effectively.","sortOrder":138},{"sectionNumber":"sec.91","sectionType":"section","heading":"Prohibiting publication of information","content":"### sec.91 Prohibiting publication of information\n\nThe ombudsman may, if the ombudsman considers it appropriate in a particular case, order that the following must not be published—\ninformation given to the ombudsman, or the contents of a document produced to the ombudsman, in performing a function under this Act;\ninformation, or the contents of a document, given to an agency or a person by the ombudsman in performing a function under this Act.\nSee section 38 (2) in relation to contempt of the ombudsman.\ns 91 amd 2017 No. 17 s 184\n- (a) information given to the ombudsman, or the contents of a document produced to the ombudsman, in performing a function under this Act;\n- (b) information, or the contents of a document, given to an agency or a person by the ombudsman in performing a function under this Act.","sortOrder":139},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Disclosure of information","content":"### sec.91A Disclosure of information\n\nAn officer of the ombudsman may disclose information obtained in the performance of a function of the ombudsman, including information obtained by way of a complaint, to an agency if—\nthe ombudsman considers the agency has a proper interest in the information for the performance of the agency’s functions; or\nthe disclosure is for the purpose of protecting the health, safety or security of a person or property.\nSubsection (1) does not apply to information that an officer of the ombudsman can not make a record of, or wilfully disclose, under the Crime and Corruption Act 2001 , section 213 .\nIn this section—\nagency includes each of the following—\nan agency of the Commonwealth;\nthe ombudsman under the Ombudsman Act 1976 (Cwlth) ;\nan ombudsman under the law of another State.\nofficer of the ombudsman includes the ombudsman.\ns 91A ins 2018 No. 29 s 77\n(sec.91A-ssec.1) An officer of the ombudsman may disclose information obtained in the performance of a function of the ombudsman, including information obtained by way of a complaint, to an agency if— the ombudsman considers the agency has a proper interest in the information for the performance of the agency’s functions; or the disclosure is for the purpose of protecting the health, safety or security of a person or property.\n(sec.91A-ssec.2) Subsection (1) does not apply to information that an officer of the ombudsman can not make a record of, or wilfully disclose, under the Crime and Corruption Act 2001 , section 213 .\n(sec.91A-ssec.3) In this section— agency includes each of the following— an agency of the Commonwealth; the ombudsman under the Ombudsman Act 1976 (Cwlth) ; an ombudsman under the law of another State. officer of the ombudsman includes the ombudsman.\n- (a) the ombudsman considers the agency has a proper interest in the information for the performance of the agency’s functions; or\n- (b) the disclosure is for the purpose of protecting the health, safety or security of a person or property.\n- (a) an agency of the Commonwealth;\n- (b) the ombudsman under the Ombudsman Act 1976 (Cwlth) ;\n- (c) an ombudsman under the law of another State.","sortOrder":140},{"sectionNumber":"sec.92","sectionType":"section","heading":"Secrecy","content":"### sec.92 Secrecy\n\nAn officer of the ombudsman, an officer of an agency, or another person who obtains information in a preliminary inquiry or an investigation or the performance of another function of the ombudsman under this Act must not—\ndisclose the information other than as a part of—\nthe performance of the function; or\nformulating a report about the performance of the function; or\nformulating a recommendation arising out of the performance of the function; or\nproceedings for an offence under this Act alleged to have been committed in the performance of the function; or\nif the information does not disclose the identity of a person, or information from which a person’s identity could be deduced—\nproviding information or other help to an agency for the improvement of its administrative practices and procedures; or\nundertaking research relevant to a function of the ombudsman under this Act; or\nuse the information to benefit any person.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the disclosure of information under section 91A .\nIn this section—\nofficer of the ombudsman includes the ombudsman.\ns 92 amd 2008 No. 59 s 93 ; 2018 No. 29 s 78\n(sec.92-ssec.1) An officer of the ombudsman, an officer of an agency, or another person who obtains information in a preliminary inquiry or an investigation or the performance of another function of the ombudsman under this Act must not— disclose the information other than as a part of— the performance of the function; or formulating a report about the performance of the function; or formulating a recommendation arising out of the performance of the function; or proceedings for an offence under this Act alleged to have been committed in the performance of the function; or if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— providing information or other help to an agency for the improvement of its administrative practices and procedures; or undertaking research relevant to a function of the ombudsman under this Act; or use the information to benefit any person. Maximum penalty—100 penalty units.\n(sec.92-ssec.2) Subsection (1) does not apply to the disclosure of information under section 91A .\n(sec.92-ssec.3) In this section— officer of the ombudsman includes the ombudsman.\n- (a) disclose the information other than as a part of— (i) the performance of the function; or (ii) formulating a report about the performance of the function; or (iii) formulating a recommendation arising out of the performance of the function; or (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or\n- (i) the performance of the function; or\n- (ii) formulating a report about the performance of the function; or\n- (iii) formulating a recommendation arising out of the performance of the function; or\n- (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or\n- (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or\n- (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or\n- (B) undertaking research relevant to a function of the ombudsman under this Act; or\n- (b) use the information to benefit any person.\n- (i) the performance of the function; or\n- (ii) formulating a report about the performance of the function; or\n- (iii) formulating a recommendation arising out of the performance of the function; or\n- (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or\n- (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or\n- (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or\n- (B) undertaking research relevant to a function of the ombudsman under this Act; or\n- (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or\n- (B) undertaking research relevant to a function of the ombudsman under this Act; or","sortOrder":141},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Protection in particular proceedings","content":"### sec.92A Protection in particular proceedings\n\nA person who is, or was, an officer of the ombudsman may not be called to give evidence or produce a document in a proceeding in relation to a matter coming to the person’s knowledge while performing functions under this Act or the Inspector of Detention Services Act 2022 .\nHowever, this section does not apply in relation to—\na proceeding under section 17 or 39 ; or\na proceeding for a relevant offence; or\na proceeding against the ombudsman under the Judicial Review Act 1991 .\nIn this section—\nofficer of the ombudsman includes the ombudsman holding office as the ombudsman and the inspector of detention services.\nrelevant offence means—\nan offence against this Act or the Inspector of Detention Services Act 2022 ; or\nan offence against the Criminal Code , section 120 , 123 or 126 to 130 , as applied under section 44 of this Act.\ns 92A ins 2017 No. 17 s 185\namd 2022 No. 18 s 97\n(sec.92A-ssec.1) A person who is, or was, an officer of the ombudsman may not be called to give evidence or produce a document in a proceeding in relation to a matter coming to the person’s knowledge while performing functions under this Act or the Inspector of Detention Services Act 2022 .\n(sec.92A-ssec.2) However, this section does not apply in relation to— a proceeding under section 17 or 39 ; or a proceeding for a relevant offence; or a proceeding against the ombudsman under the Judicial Review Act 1991 .\n(sec.92A-ssec.3) In this section— officer of the ombudsman includes the ombudsman holding office as the ombudsman and the inspector of detention services. relevant offence means— an offence against this Act or the Inspector of Detention Services Act 2022 ; or an offence against the Criminal Code , section 120 , 123 or 126 to 130 , as applied under section 44 of this Act.\n- (a) a proceeding under section 17 or 39 ; or\n- (b) a proceeding for a relevant offence; or\n- (c) a proceeding against the ombudsman under the Judicial Review Act 1991 .\n- (a) an offence against this Act or the Inspector of Detention Services Act 2022 ; or\n- (b) an offence against the Criminal Code , section 120 , 123 or 126 to 130 , as applied under section 44 of this Act.","sortOrder":142},{"sectionNumber":"sec.93","sectionType":"section","heading":"Protection from liability","content":"### sec.93 Protection from liability\n\nAn officer of the ombudsman does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nFor protection from civil liability in relation to the ombudsman as the inspector of detention services, or another officer of the ombudsman performing a function under the Inspector of Detention Services Act 2022 , see the Public Sector Act 2022 , section 269 .\nIf subsection (1) prevents a civil liability attaching to an officer of the ombudsman, the liability attaches instead to the State.\nIn this section—\nofficer of the ombudsman includes the ombudsman.\ns 93 amd 2022 No. 18 s 98 ; 2022 No. 34 s 365 sch 3\n(sec.93-ssec.1) An officer of the ombudsman does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. For protection from civil liability in relation to the ombudsman as the inspector of detention services, or another officer of the ombudsman performing a function under the Inspector of Detention Services Act 2022 , see the Public Sector Act 2022 , section 269 .\n(sec.93-ssec.2) If subsection (1) prevents a civil liability attaching to an officer of the ombudsman, the liability attaches instead to the State.\n(sec.93-ssec.3) In this section— officer of the ombudsman includes the ombudsman.","sortOrder":143},{"sectionNumber":"sec.94","sectionType":"section","heading":"Regulation-making power","content":"### sec.94 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":144},{"sectionNumber":"pt.11","sectionType":"part","heading":"Repeal and amendment","content":"# Repeal and amendment","sortOrder":145},{"sectionNumber":"sec.95","sectionType":"section","heading":"Repeal of Parliamentary Commissioner Act 1974","content":"### sec.95 Repeal of Parliamentary Commissioner Act 1974\n\nThe Parliamentary Commissioner Act 1974 ( 1974 Act No. 19 ) is repealed.","sortOrder":146},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":147},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Provisions for Act No. 73 of 2001","content":"## Provisions for Act No. 73 of 2001","sortOrder":148},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for pt 12","content":"### sec.97 Definitions for pt 12\n\nIn this part—\nparliamentary commissioner means the Parliamentary Commissioner for Administrative Investigations under the repealed Act.\nrepealed Act means the repealed Parliamentary Commissioner Act 1974 .","sortOrder":149},{"sectionNumber":"sec.98","sectionType":"section","heading":"Continuation of appointments","content":"### sec.98 Continuation of appointments\n\nOn the commencement of this section, a person holding a position or office under the repealed Act continues as the holder of the equivalent position or office under this Act.\nThe person’s appointment to the position or office has continuing effect under this Act.\nIf the appointment was for a term—\nthe appointment continues under this Act for the unexpired period of the term; and\nfor applying section 61(2) to the person who, immediately before the commencement of this section, was, under the repealed Act, the parliamentary commissioner, the term of appointment under that Act is taken to be a term of appointment as ombudsman under this Act.\n(sec.98-ssec.1) On the commencement of this section, a person holding a position or office under the repealed Act continues as the holder of the equivalent position or office under this Act.\n(sec.98-ssec.2) The person’s appointment to the position or office has continuing effect under this Act.\n(sec.98-ssec.3) If the appointment was for a term— the appointment continues under this Act for the unexpired period of the term; and for applying section 61(2) to the person who, immediately before the commencement of this section, was, under the repealed Act, the parliamentary commissioner, the term of appointment under that Act is taken to be a term of appointment as ombudsman under this Act.\n- (a) the appointment continues under this Act for the unexpired period of the term; and\n- (b) for applying section 61(2) to the person who, immediately before the commencement of this section, was, under the repealed Act, the parliamentary commissioner, the term of appointment under that Act is taken to be a term of appointment as ombudsman under this Act.","sortOrder":150},{"sectionNumber":"sec.99","sectionType":"section","heading":"Continuation of actions","content":"### sec.99 Continuation of actions\n\nOn the commencement of this section, anything started but not completed under the repealed Act may be continued under this Act.","sortOrder":151},{"sectionNumber":"sec.100","sectionType":"section","heading":"Investigation of certain administrative action","content":"### sec.100 Investigation of certain administrative action\n\nThe ombudsman may perform functions under this Act in relation to administrative action taken before the commencement of this section as if the action had been taken after the commencement.","sortOrder":152},{"sectionNumber":"sec.101","sectionType":"section","heading":"Strategic review","content":"### sec.101 Strategic review\n\nA report of a strategic review under section 32 of the repealed Act is taken to be an earlier report of a strategic review for section 83(2).","sortOrder":153},{"sectionNumber":"sec.102","sectionType":"section","heading":"Parliamentary Commissioner Act 1974 references","content":"### sec.102 Parliamentary Commissioner Act 1974 references\n\nA reference in any Act or document to the Parliamentary Commissioner Act 1974 may, if the context permits, be read as a reference to this Act.","sortOrder":154},{"sectionNumber":"sec.103","sectionType":"section","heading":"Parliamentary commissioner and other references","content":"### sec.103 Parliamentary commissioner and other references\n\nA reference in any Act or document to the parliamentary commissioner or acting parliamentary commissioner may, if the context permits, be read as a reference to the ombudsman or acting ombudsman.","sortOrder":155},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Provision for Integrity Reform (Miscellaneous Amendments) Act 2010","content":"## Provision for Integrity Reform (Miscellaneous Amendments) Act 2010","sortOrder":156},{"sectionNumber":"sec.104","sectionType":"section","heading":"Declaration of interests","content":"### sec.104 Declaration of interests\n\nThis section applies to the person who, immediately before the commencement of this section, was the ombudsman.\nThe person must comply with section 63A(2) within 1 month after the commencement of this section.\ns 104 ins 2010 No. 37 s 69\n(sec.104-ssec.1) This section applies to the person who, immediately before the commencement of this section, was the ombudsman.\n(sec.104-ssec.2) The person must comply with section 63A(2) within 1 month after the commencement of this section.","sortOrder":157},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Provisions for Child Protection Reform Amendment Act 2014","content":"## Provisions for Child Protection Reform Amendment Act 2014","sortOrder":158},{"sectionNumber":"sec.105","sectionType":"section","heading":"Definitions for div 3","content":"### sec.105 Definitions for div 3\n\nIn this division—\nCCYPCG Act means the Commissioner for Children and Young People and Child Guardian Act 2000 as in force before the commencement.\ncommencement means the time of commencement of the provision in which the term appears.\nformer commissioner means the Commissioner for Children and Young People and Child Guardian under the CCYPCG Act before the commencement.\ns 105 ins 2014 No. 28 s 98","sortOrder":159},{"sectionNumber":"sec.106","sectionType":"section","heading":"Complaints made to former commissioner","content":"### sec.106 Complaints made to former commissioner\n\nThis section applies in relation to a complaint made to the former commissioner under the CCYPCG Act that, immediately before the commencement, had not been finally dealt with under that Act.\nThe ombudsman must deal with the complaint as if it had been made to the ombudsman under this Act.\nSubsection (2) does not limit the way the ombudsman may deal with the complaint under section 23.\ns 106 ins 2014 No. 28 s 98\n(sec.106-ssec.1) This section applies in relation to a complaint made to the former commissioner under the CCYPCG Act that, immediately before the commencement, had not been finally dealt with under that Act.\n(sec.106-ssec.2) The ombudsman must deal with the complaint as if it had been made to the ombudsman under this Act.\n(sec.106-ssec.3) Subsection (2) does not limit the way the ombudsman may deal with the complaint under section 23.","sortOrder":160},{"sectionNumber":"sec.107","sectionType":"section","heading":"Complaints made in former commissioner’s own name","content":"### sec.107 Complaints made in former commissioner’s own name\n\nThis section applies in relation to a complaint made by the former commissioner under the CCYPCG Act, section 59 that, immediately before the commencement, had not been finally dealt with under that Act.\nThe ombudsman may investigate the matter of the complaint under section 18(1)(b).\ns 107 ins 2014 No. 28 s 98\n(sec.107-ssec.1) This section applies in relation to a complaint made by the former commissioner under the CCYPCG Act, section 59 that, immediately before the commencement, had not been finally dealt with under that Act.\n(sec.107-ssec.2) The ombudsman may investigate the matter of the complaint under section 18(1)(b).","sortOrder":161},{"sectionNumber":"sec.108","sectionType":"section","heading":"Complaints documents","content":"### sec.108 Complaints documents\n\nThis section applies in relation to a complaint to which section 106 or 107 applies.\nOn the commencement, any documents and other information held by the former commissioner relating to the complaint become documents and other information held by the ombudsman under this Act.\ns 108 ins 2014 No. 28 s 98\n(sec.108-ssec.1) This section applies in relation to a complaint to which section 106 or 107 applies.\n(sec.108-ssec.2) On the commencement, any documents and other information held by the former commissioner relating to the complaint become documents and other information held by the ombudsman under this Act.","sortOrder":162},{"sectionNumber":"sec.109","sectionType":"section","heading":"Current requirements under CCYPCG Act, ch 4","content":"### sec.109 Current requirements under CCYPCG Act, ch 4\n\nThis section applies if the former commissioner made a requirement or request under the CCYPCG Act, chapter 4 that, immediately before the commencement, had not been complied with.\nOn the commencement, the requirement or request lapses.\ns 109 ins 2014 No. 28 s 98\n(sec.109-ssec.1) This section applies if the former commissioner made a requirement or request under the CCYPCG Act, chapter 4 that, immediately before the commencement, had not been complied with.\n(sec.109-ssec.2) On the commencement, the requirement or request lapses.","sortOrder":163},{"sectionNumber":"sec.110","sectionType":"section","heading":"Delegation of power to make a report or recommendation","content":"### sec.110 Delegation of power to make a report or recommendation\n\nTo remove any doubt, it is declared that, under section 86, the ombudsman may delegate the ombudsman’s power to make a report or recommendation about a matter arising before the commencement.\ns 110 ins 2014 No. 28 s 98","sortOrder":164},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Provision for Court and Civil Legislation Amendment Act 2017","content":"## Provision for Court and Civil Legislation Amendment Act 2017","sortOrder":165},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application of s 48","content":"### sec.111 Application of s 48\n\nSection 48, as inserted by the amendment Act, section 178, applies only in relation to information given under an investigation requirement made on or after the commencement.\nSection 48, as in force from time to time before the commencement, continues to apply in relation to a document given under an investigation requirement made before the commencement, as if the amendment Act, section 178 had not been enacted.\nIn this section—\namendment Act means the Court and Civil Legislation Amendment Act 2017 .\ns 111 ins 2017 No. 17 s 186\n(sec.111-ssec.1) Section 48, as inserted by the amendment Act, section 178, applies only in relation to information given under an investigation requirement made on or after the commencement.\n(sec.111-ssec.2) Section 48, as in force from time to time before the commencement, continues to apply in relation to a document given under an investigation requirement made before the commencement, as if the amendment Act, section 178 had not been enacted.\n(sec.111-ssec.3) In this section— amendment Act means the Court and Civil Legislation Amendment Act 2017 .","sortOrder":166},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Provision for Inspector of Detention Services Act 2022","content":"## Provision for Inspector of Detention Services Act 2022","sortOrder":167},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application of s 59","content":"### sec.112 Application of s 59\n\nSection 59 does not apply in relation to the appointment of the inspector of detention services that is in effect on the commencement.\ns 112 ins 2022 No. 18 s 99","sortOrder":168},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Provision for Integrity and Other Legislation Amendment Act 2022","content":"## Provision for Integrity and Other Legislation Amendment Act 2022","sortOrder":169},{"sectionNumber":"sec.113","sectionType":"section","heading":"Period for next strategic review of ombudsman office","content":"### sec.113 Period for next strategic review of ombudsman office\n\nThe review period under section 83 as in force before the commencement continues to apply in relation to the next strategic review of the ombudsman office under part 8 , division 4 after the commencement.\nIn this section—\nreview period means the period within which a strategic review of the ombudsman office must be conducted under part 8 , division 4 .\ns 113 ins 2022 No. 33 s 62\n(sec.113-ssec.1) The review period under section 83 as in force before the commencement continues to apply in relation to the next strategic review of the ombudsman office under part 8 , division 4 after the commencement.\n(sec.113-ssec.2) In this section— review period means the period within which a strategic review of the ombudsman office must be conducted under part 8 , division 4 .","sortOrder":170},{"sectionNumber":"pt.12-div.7","sectionType":"division","heading":"Transitional provisions for Integrity and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Integrity and Other Legislation Amendment Act 2024","sortOrder":171},{"sectionNumber":"sec.114","sectionType":"section","heading":"Definitions for division","content":"### sec.114 Definitions for division\n\nIn this division—\namendment Act means the Integrity and Other Legislation Amendment Act 2024 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 114 ins 2024 No. 3 s 58","sortOrder":172},{"sectionNumber":"sec.115","sectionType":"section","heading":"Investigation etc. of particular entities","content":"### sec.115 Investigation etc. of particular entities\n\nThe functions of the ombudsman stated in new section 12A apply in relation to administrative action of an agency taken, by an entity that is not an agency as mentioned in section 10(c), after the commencement.\ns 115 ins 2024 No. 3 s 58","sortOrder":173},{"sectionNumber":"sec.116","sectionType":"section","heading":"Existing appointments unaffected","content":"### sec.116 Existing appointments unaffected\n\nNew sections 59(1) and 62(5) do not apply in relation to the appointment of a person as the ombudsman and the inspector of detention services in effect immediately before the commencement.\nNew section 83(7) does not apply in relation to the appointment of a reviewer in effect immediately before the commencement.\ns 116 ins 2024 No. 3 s 58\n(sec.116-ssec.1) New sections 59(1) and 62(5) do not apply in relation to the appointment of a person as the ombudsman and the inspector of detention services in effect immediately before the commencement.\n(sec.116-ssec.2) New section 83(7) does not apply in relation to the appointment of a reviewer in effect immediately before the commencement.","sortOrder":174},{"sectionNumber":"sec.117","sectionType":"section","heading":"Existing strategic review","content":"### sec.117 Existing strategic review\n\nThis section applies in relation to a strategic review conducted before the commencement if the review report for the review has not been given under former section 85(4).\nFormer section 85 continues to apply in relation to the strategic review as if the amendment Act had not been enacted.\nNew section 85 does not apply in relation to the strategic review.\ns 117 ins 2024 No. 3 s 58\n(sec.117-ssec.1) This section applies in relation to a strategic review conducted before the commencement if the review report for the review has not been given under former section 85(4).\n(sec.117-ssec.2) Former section 85 continues to apply in relation to the strategic review as if the amendment Act had not been enacted.\n(sec.117-ssec.3) New section 85 does not apply in relation to the strategic review.","sortOrder":175},{"sectionNumber":"sec.118","sectionType":"section","heading":"Matters relating to funding","content":"### sec.118 Matters relating to funding\n\nFormer section 88 continues to apply in relation to the ombudsman office for the current financial year as if the amendment Act had not been enacted.\nNew part 8, division 4A applies in relation to the ombudsman office for the next financial year and each subsequent financial year.\nIn this section—\ncurrent financial year means the financial year in which this section commences.\nnext financial year means the next financial year to start after this section commences.\ns 118 ins 2024 No. 3 s 58\n(sec.118-ssec.1) Former section 88 continues to apply in relation to the ombudsman office for the current financial year as if the amendment Act had not been enacted.\n(sec.118-ssec.2) New part 8, division 4A applies in relation to the ombudsman office for the next financial year and each subsequent financial year.\n(sec.118-ssec.3) In this section— current financial year means the financial year in which this section commences. next financial year means the next financial year to start after this section commences.","sortOrder":176},{"sectionNumber":"sec.119","sectionType":"section","heading":"Annual report for current financial year","content":"### sec.119 Annual report for current financial year\n\nNew section 87(2) does not apply in relation to the annual report for the ombudsman office for the financial year in which this section commences.\nFormer section 87(2) continues to apply in relation to the annual report for the ombudsman office for the financial year as if the amendment Act had not been enacted.\ns 119 ins 2024 No. 3 s 58\n(sec.119-ssec.1) New section 87(2) does not apply in relation to the annual report for the ombudsman office for the financial year in which this section commences.\n(sec.119-ssec.2) Former section 87(2) continues to apply in relation to the annual report for the ombudsman office for the financial year as if the amendment Act had not been enacted.","sortOrder":177},{"sectionNumber":"pt.12-div.8","sectionType":"division","heading":"Validation provision for inspector of detention services","content":"## Validation provision for inspector of detention services","sortOrder":178},{"sectionNumber":"sec.120","sectionType":"section","heading":"Performance of duties of inspector of detention services before taking oath","content":"### sec.120 Performance of duties of inspector of detention services before taking oath\n\nThis section applies in relation to a person who held office as the inspector of detention services during the period from 9 December 2022 to 28 September 2023 (the relevant period ).\nAnything done by the person under this Act, the Inspector of Detention Services Act 2022 or another law during the relevant period in the performance of the duties of the office has the same effect, and is taken to have always had the same effect, as it would have had if the person had made the oath required under section 63(1) before performing the duties.\ns 120 ins 2023 No. 26 s 22C\n(sec.120-ssec.1) This section applies in relation to a person who held office as the inspector of detention services during the period from 9 December 2022 to 28 September 2023 (the relevant period ).\n(sec.120-ssec.2) Anything done by the person under this Act, the Inspector of Detention Services Act 2022 or another law during the relevant period in the performance of the duties of the office has the same effect, and is taken to have always had the same effect, as it would have had if the person had made the oath required under section 63(1) before performing the duties.","sortOrder":179}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has been extended since original enactment as shown in the text. Notable changes recorded in the Act include: (1) an express function to investigate administrative actions taken for agencies by entities that are not agencies (s12A), applying the Ombudsman’s functions to those non‑agency entities for those limited purposes (s10(c), s12A); (2) formalising the Ombudsman’s role as inspector of detention services and cross‑linking functions with the Inspector of Detention Services Act 2022 (ss58, 73–75, pt 7 provisions); (3) new procedural funding oversight requiring the Ombudsman to prepare funding proposals for additional State funding and requiring parliamentary committee review within set timeframes (part 8, division 4A: ss85A–85F); and (4) a set of appointment, disclosure and integrity obligations (e.g. ss59, 62, 63A, 63B, 78A–78C) and strategic review procedures (ss83–85). Those inserted or amended provisions (marked in the Act text with insertion/amendment notes) broaden operational coverage and add governance and resourcing controls that expand both the Ombudsman’s reach and the formal oversight over the office."},"complexity_factors":["Broad and layered definitions (administrative action, agency, public authority) with cross‑references (ss7–10).","Multiple discretionary decision points for the Ombudsman (what to investigate, whether to refuse, procedures) (ss18, 23, 25).","Extensive compulsory powers and safeguards (notices, attendance, production, inspection, oath, penalties) with procedural overlays (pt 4: ss27–36, 28–35, 33–34).","Numerous interactions with other statutes and agencies (Crime and Corruption Act, Judicial Review Act, Inspector of Detention Services Act, Public Sector Act, various information laws) (ss16, 17, 44–46, 75C, 50).","Detailed appointment, removal and eligibility regimes requiring parliamentary committee involvement and timed approvals (ss59, 62, 67–69).","Confidentiality, disclosure exceptions and evidence protections with carve‑outs and admissibility rules (ss45–48, 91–92).","A recent and specialised funding governance layer (div 4A: ss85A–85F) adding procedural timelines and parliamentary committee review of funding proposals.","Transitional provisions, staged amendments and new sections extending scope (e.g. s12A insertion) and preserving earlier regimes in particular circumstances (pt 12)."],"plain_english_summary":"# What this Act does\n\nThis law creates an independent Ombudsman office to investigate administrative actions by public bodies and to recommend improvements to administrative decision‑making and procedures (s5, s6). It sets out: who and what counts as an agency and as an administrative action (s7–s10); how complaints and parliamentary references get investigated (s18–s20, s19); the Ombudsman’s investigative powers (including requiring documents and attendance, entry to agency premises, and paying reasonable expenses) and related offences and protections (pt 4: ss27–36, 38–43, 28–35); reporting and recommendation powers (ss49–51, 52–54); and governance of the office (appointment, term, removal, remuneration, staffing, review and funding) (pts 7–8, ss58–66, 76–87, 83–85, div 4A s85A–s85F).\n\n# Who it affects\n\n- People and organisations apparently directly affected by administrative actions who want an independent review — they may make complaints (s20) and will be informed of results (s57).  \n- Agencies (defined as departments, local governments and public authorities) and their officers — they must assist preliminary inquiries and investigations and may be reported to the responsible Minister or asked to act on recommendations (ss8, 22, 24, 27, 34, 50–51).  \n- Entities that are not agencies but act for agencies — the Ombudsman’s functions apply to such entities when they take administrative action for an agency (s10(c), s12A (new)).  \n- The Parliament and a parliamentary committee — they can refer matters, approve appointments and remuneration, review funding proposals, and receive reports and strategic reviews (ss12, 19, 59, 62, 83–85, 85C–85D).\n\n# How it works mechanically\n\n- Jurisdiction: the Ombudsman may investigate an administrative action of an agency and may do so even where another law says the decision is final (s14). The Ombudsman must not question merits of Ministerial or Cabinet decisions or investigate certain categories (e.g. tribunal deliberative functions, certain police matters) (s16).  \n\n- Starting an investigation: investigations start on complaint, parliamentary reference or the Ombudsman’s own initiative; the Ombudsman must investigate parliamentary references (ss12, 18, 19). Complaints are normally required within 1 year of notice (s20) though the Ombudsman has discretion to accept late or informal complaints in special circumstances (s20(3)). The Ombudsman may refuse trivial, vexatious or inappropriate complaints, or where another complaints body will or has dealt with the matter (s23).  \n\n- Powers in investigations: the Ombudsman may require documents or information, require attendance and answers under oath, inspect agency premises (ss28–35), and, if necessary for noncompliance, seek subpoenas or arrest warrants through courts or magistrates (ss31, 36–37). The Ombudsman may conduct inquiries informally or using formal powers (s24), regulate procedure subject to natural justice (s25), and consult Ministers or agency heads before reporting (s26).  \n\n- Outcomes and reports: when the Ombudsman considers action was unlawful, unreasonable or otherwise defective, the Ombudsman may report and recommend steps the agency should take and may copy reports to Ministers or table them (ss49–51). The Ombudsman can also publish reports with Speaker’s authority (s54). Local governments receiving reports must distribute them to members and may be directed to table them (s50).  \n\n- Confidentiality and legal protections: secrecy and disclosure rules make material available to the Ombudsman despite other secrecy obligations (s45) while certain Cabinet and national security matters remain excepted (s46). Information given under compulsion is protected from use as evidence against the provider in other proceedings (s48). The Act creates offences for obstructing the Ombudsman, giving false information or documents, reprisals against complainants or witnesses, and contempt (ss38, 41–43, 47). Publication of investigation material can be prohibited (s91).  \n\n- Office governance: the Ombudsman is appointed by Governor in Council and is an officer of Parliament (s11, s58). Detailed appointment procedures, term limits (max 5 years per term, 10 years total), reappointment rules and ineligibility rules apply (ss59–61). Removal or suspension requires Assembly procedures and parliamentary committee involvement (ss66–69). The office employs staff outside the general Public Sector Act unless a regulation applies selected public sector provisions (ss75A, 75C, 76–78). Strategic reviews must be held at least every 5 years (s83). Recent funding‑oversight rules require the Ombudsman to prepare a funding proposal for additional State funding and have the parliamentary committee review and approve proposals within set timeframes (div 4A: ss85A–85F).  \n\n# Official rationale and an operational test against trade‑offs\n\nThe Act’s stated aims are to provide a timely, effective, independent and just way to investigate administrative actions and to improve administrative decision‑making and procedures (s5). The Act structures incentives and costs as follows:  \n- Who pays: the State funds the office (remuneration and allowances decided by Governor in Council — s62) and the Ombudsman may pay reasonable expenses to cooperating non‑agency persons (s35). Additional funding beyond allocated budgets requires a written funding proposal and parliamentary committee review (div 4A: s85C–85D).  \n- Compliance burden on agencies: agencies must give reasonable help in preliminary inquiries and investigations (ss22, 24, 27, 34) and may have to produce documents and provide attendance (ss28–34). Agencies and their officers are subject to statutory compulsion and to potential adverse reports. These duties are spread across agencies (diffuse cost) while individual complainants gain concentrated potential benefit.  \n- Bureaucratic discretion and implementation risk: the Ombudsman has broad discretion over what to investigate (s18), how to run investigations (s25), and when to refuse complaints (s23). That discretion concentrates decision power in the Ombudsman’s office and means outcomes depend on resourcing and internal prioritisation. Strategic review and parliamentary committee oversight (ss83–85, s89) are the formal accountability mechanisms.  \n- Remedies and limits: the Ombudsman can recommend action and report to Ministers or Parliament (ss50–51, 52–54) but does not directly reverse administrative decisions or replace judicial review; some actions (Ministerial/Cabinet decisions) are excluded from merit review (s16). Where the Ombudsman finds misconduct, the Ombudsman reports to the principal officer and may notify crime and corruption bodies (s50).  \n- Effects on private parties and businesses: most direct effects fall on public sector decision‑makers. Private parties are affected when they are directly aggrieved by agency decisions or when a non‑agency entity acts on behalf of an agency — the Act now covers such entity actions when they are taken for an agency (s10(c), s12A). The Act imposes confidentiality controls (ss91–92) and publication restrictions (s91, s38(2)), which constrain public disclosure of investigation material in specified ways.  \n\n# Trade‑offs and concrete risks\n\n- Recommendations vs enforceability: the Ombudsman can recommend corrective or systemic change (s50) but has limited enforcement beyond reporting and political pressure; implementation depends on agency, Minister or parliamentary follow‑up (s51).  \n- Administrative burden vs accountability: agencies face document and assistance obligations (ss22, 24, 27, 34) that increase administrative cost; the public gains an oversight mechanism that may deter poor administrative practice.  \n- Overlap and duplication risk: the Act allows liaising and arrangements with other complaints bodies to avoid duplication (s15) and permits declining where another complaints entity will investigate substantially equivalently (s23(2)). Practical overlap with other oversight mechanisms remains a coordination issue.  \n\n# Key cross‑links to other laws\n\nThe Act interacts with multiple other statutes referenced in it: Crime and Corruption Act 2001 (police and corrupt conduct notifications) (s16, s50), Judicial Review Act 1991 (judicial review preserved) (s17, s23(3)), Right to Information and Information Privacy Acts (s16), Police Powers and Responsibilities Act 2000 (arrest powers cited for warrants) (s37), Inspector of Detention Services Act 2022 (joint roles and procedural cross‑references) (pts 7–8), and the Public Sector Act 2022 (selective application and prescription) (ss75A, 75C, 76–79). These cross‑references limit or define where the Ombudsman’s powers apply and what information can be disclosed (see ss44–46, 75C, 91A–92).\n\n# Bottom line (mechanical):\nThe Act establishes an independent Ombudsman office with legal powers to compel documents and testimony, to inspect agency premises, to make reports and recommendations, and to require agencies to respond. It defines who and what counts as an agency or administrative action, sets appointment and oversight mechanisms for the Ombudsman, protects certain communications and witnesses, creates offences for obstruction and false information, and includes governance steps for staffing, review and funding. Recent additions expand coverage to non‑agency entities acting for agencies (s12A) and add an explicit funding‑proposal process (div 4A: s85A–85F)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original scope (investigating government agencies) has been meaningfully extended over time. The most significant expansion is the 2024 insertion of section 12A, which brings private or non-government entities within the Ombudsman's oversight when they are performing functions on behalf of a government agency — effectively extending accountability to outsourced or contracted service providers. Earlier amendments also refined exclusions (e.g., aligning police oversight with the Crime and Corruption Commission) and expanded the Ombudsman's advisory and training functions beyond pure complaint investigation."},"complexity_factors":["Multiple layers of defined terms (agency, public authority, administrative action, complaints entity) that are themselves cross-referenced and interdependent","Extensive exclusions and carve-outs (sec. 16) requiring cross-referencing with multiple other Acts including the Crime and Corruption Act, Police Service Administration Act, Health Ombudsman Act, Right to Information Act, and Information Privacy Act","Nuanced jurisdictional boundaries — particularly the distinction between operational police actions and administrative actions, and the 2024 extension of jurisdiction to non-agency entities performing agency functions (sec. 12A)","Graduated complaint-handling framework with multiple discretionary grounds for refusal (sec. 23), time limits, and exceptions","Complex enforcement mechanisms including subpoenas, arrest warrants (via magistrate), contempt proceedings before the Supreme Court, and Criminal Code provisions adapted to the ombudsman context","Balancing of competing privileges — overriding secrecy obligations (sec. 45) while protecting Cabinet deliberations (sec. 46) and introducing use immunity for compelled testimony (sec. 48)","Interaction with numerous other Queensland statutes requiring familiarity with the broader legislative ecosystem","Layered reporting obligations depending on whether the agency is a local government, whether misconduct is found, and whether a parliamentary reference was made","2024 amendments (sec. 12A) extending oversight to private or non-agency entities performing public functions, creating a novel quasi-agency category with limited scope"],"plain_english_summary":"## Queensland Ombudsman Act 2001 — What It Does and Why It Matters\n\n### What is this law about?\nThis is a Queensland law that establishes the **Ombudsman** — an independent official whose job is to investigate complaints about how government agencies (departments, local councils, and public bodies) treat people. The Ombudsman acts as a watchdog over government administration.\n\n### Who does it affect?\n**If you've been treated unfairly by a Queensland government body** — a council, a government department, or a public authority — this law gives you a way to complain and have that treatment properly investigated, for free, by an independent person who isn't part of the government.\n\n### What can you complain about?\nYou can complain about almost any **administrative action** (a decision, a failure to act, an unreasonable recommendation, or even a failure to give you written reasons for a decision). Examples include:\n- A council rejecting your development application unfairly\n- A government department failing to process your application\n- Being treated differently from others without good reason\n\n### What *can't* be investigated?\n- Decisions made by Cabinet (the senior group of government ministers) or policies set by Ministers\n- Actions by courts when they are acting in their judicial role (i.e., making legal decisions)\n- Police conduct that is already being investigated by the Crime and Corruption Commission\n- The Auditor-General, mediators, certain health conciliators, and the Information Commissioner in specific roles\n\n### How do you make a complaint?\n- You can complain **orally or in writing**\n- You must complain **within 1 year** of becoming aware of the problem (though this can be extended in special circumstances)\n- You must be **directly affected** by the action\n- If you are in **prison or detention**, the person in charge must help you make your complaint (failure to do so is a criminal offence)\n\n### What happens during an investigation?\nThe Ombudsman has serious powers:\n- Can **demand documents and information** from anyone\n- Can **enter government premises** to inspect records\n- Can **compel people to attend** and answer questions under oath\n- Can apply for an **arrest warrant** if someone refuses to cooperate\n- **Cannot be directed** by any politician or government official on how to run investigations\n- Must keep investigations **confidential** and follow **natural justice** (i.e., must give affected parties a fair opportunity to respond)\n\n### What protection do you have?\n- It is a **criminal offence** for anyone to punish you (e.g., fire you from your job) for making a complaint or helping the Ombudsman\n- Information you give to the Ombudsman **cannot be used against you** in court proceedings (except if you lied)\n- You cannot be stopped from communicating with the Ombudsman just because another law requires secrecy\n\n### What can the Ombudsman do with findings?\n- Make **recommendations** to the agency to fix the problem, change its practices, or reconsider the law\n- Report evidence of **misconduct or breach of duty** by government officers\n- Report **corrupt conduct** to the Crime and Corruption Commission\n- Produce **public reports** if agencies fail to act on recommendations\n- Report directly to **Parliament** in serious cases\n\n### Important limits\n- The Ombudsman can **recommend** but **cannot force** an agency to change its decision — the power is one of persuasion and public accountability, not direct legal compulsion\n- The Ombudsman may decline to investigate if you haven't first tried other available appeal processes\n\n### In short\nThis law gives ordinary Queenslanders a free, independent, and powerful avenue to challenge bad government decisions — without needing to go to court."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.12A(4)","severity":"medium","reasoning":"Section 12A(1)(a) is a precondition requiring the entity to 'not be an agency'. Section 12A(4)(a) then deems the same entity 'to be an agency' for applying the Act. The Act therefore applies to the entity both as an agency and as a non-agency simultaneously, with 'necessary changes' left undefined, creating an indeterminate legal status.","confidence":0.75,"description":"The section creates a self-referential fiction that simultaneously declares an entity both 'not an agency' (sec.12A(1)(a)) and 'taken to be an agency' (sec.12A(4)(a)) for the purposes of applying the Act. This ontological oscillation means the entity exists in a superposition of agency/non-agency status depending on which provision is being applied at any given moment."},{"type":"impossible_compliance","section":"sec.20(1)(b) and sec.20(1)(c)","severity":"low","reasoning":"The fictional attribution of notice to an unincorporated body creates an indeterminate standard. Different members may receive notice at different times. The 'reasonable expectation' test was designed for individuals and does not translate coherently to an unincorporated collective with no single point of awareness.","confidence":0.6,"description":"A complaint may be made by 'any body of persons, whether incorporated or not', yet the complaint must be made 'within 1 year after the day the complainant first had notice'. Section 20(2) then deems notice to have occurred when notice 'might reasonably be expected'. An unincorporated body has no legal personality, making it logically impossible to determine when the body 'might reasonably be expected to have had notice', since unincorporated bodies cannot collectively perceive or receive notice in a legally cognisable sense."},{"type":"other","section":"sec.16(2)(c) and sec.16(2)(d)","severity":"low","reasoning":"The 'may be investigated' threshold in (c) is prospective and uncertain, while the disciplinary liability threshold in (d) is a factual assessment. A police officer's action could satisfy (d) without satisfying (c) or vice versa, producing inconsistent outcomes for materially similar conduct depending on which limb is invoked.","confidence":0.65,"description":"Sections 16(2)(c) and 16(2)(d) create overlapping but inconsistent exclusions for police officers. Section 16(2)(c) prohibits investigation of 'a member of the police service' if the action 'may be, or has been, investigated' under the Crime and Corruption Act 2001. Section 16(2)(d) prohibits investigation of 'a police officer' if the officer 'is liable to disciplinary action, or has been disciplined' under the Police Service Administration Act 1990. The trigger conditions are different (possibility of CCC investigation vs. actual disciplinary liability), meaning the same action could fall under one exclusion but not the other, creating uncertainty about which exclusion applies and potentially leaving a gap where neither applies clearly."},{"type":"self_contradicting","section":"sec.30(2) and sec.30(4)","severity":"low","reasoning":"Section 30(3) states the s.30(2) pathway is non-exhaustive ('does not limit what is a reasonable excuse'). Section 30(4) then categorically excludes one class of excuse. The combined effect of 30(3) and 30(4) is logically incoherent in that 30(3) opens the field while 30(4) closes a specific portion of it — the very portion most likely to be relied upon.","confidence":0.7,"description":"Section 30(4) states it is 'not a reasonable excuse' that compliance might tend to incriminate the person. Section 30(2) defines a pathway for establishing a reasonable excuse, requiring the ombudsman to assess whether the excuse is reasonable. The interaction creates a logical oddity: a person could theoretically give notice of an excuse under 30(2) and the ombudsman could advise it is reasonable, yet 30(4) categorically forecloses self-incrimination as a reasonable excuse regardless of the ombudsman's assessment. This means the ombudsman's opinion under 30(2) is redundant for the most common potential excuse (self-incrimination) and section 30(3)'s statement that 30(2) 'does not limit what is a reasonable excuse' is contradicted by 30(4)."},{"type":"other","section":"sec.39(3)","severity":"medium","reasoning":"The ombudsman need only be 'satisfied there is evidence' — a meta-evidentiary threshold rather than a finding of contempt. Yet the certificate of this low-threshold satisfaction is then admitted as evidence. The court must still inquire independently but is potentially influenced by a certificate issued on a lesser standard than the court will apply, creating structural circularity.","confidence":0.72,"description":"Section 39(3) states that 'it is enough for the ombudsman to be satisfied there is evidence of contempt' to certify contempt to the Supreme Court. This sets a lower standard (mere satisfaction of evidence) than the court's subsequent inquiry under 39(6)-(7), which must independently determine whether contempt was actually committed. The ombudsman's certificate under 39(10) is then 'evidence of the matters stated in the certificate', meaning a certificate based on a mere belief that evidence exists becomes itself evidence in the proceeding. This bootstraps a low-threshold administrative opinion into evidentiary material before the court."},{"type":"self_contradicting","section":"sec.25(2)(a) and sec.25(2)(b)","severity":"medium","reasoning":"The term 'confidentiality' is not qualified (e.g., 'subject to natural justice obligations'). Natural justice in an adversarial context requires the party under investigation to know what is alleged. Maintaining strict confidentiality simultaneously is logically impossible without qualification. The Act provides no hierarchy or reconciliation mechanism between these two mandatory obligations.","confidence":0.78,"description":"Section 25(2)(a) requires the ombudsman to 'conduct the investigation in a way that maintains confidentiality'. Section 25(2)(b) requires the ombudsman to 'comply with natural justice'. Natural justice (procedural fairness) typically requires that a person potentially adversely affected be informed of the case against them and given an opportunity to respond — which inherently requires disclosure of information gathered in the investigation. These two requirements are in structural tension: full confidentiality may preclude the disclosure necessary for natural justice, and full natural justice may require disclosure that breaches confidentiality."},{"type":"other","section":"sec.9(1)(c)(ii) and sec.9(1)(a)","severity":"low","reasoning":"The overlap creates interpretive ambiguity: if an entity is established under an Act for a public purpose, it is already captured by 9(1)(a). If it is established under an Act but NOT for a public purpose, it could potentially be captured by 9(1)(c)(ii) via regulation. This suggests the limb may be intended for non-public-purpose entities, but that reading is strained given the broader definition of 'public authority' which implies a public purpose requirement.","confidence":0.55,"description":"Section 9(1)(c)(ii) provides that an entity declared by regulation to be a public authority is a public authority if it is 'established under an Act'. Section 9(1)(a) already captures entities 'established for a public purpose under an Act' as public authorities without needing a regulatory declaration. An entity established under an Act would normally already be a public authority under 9(1)(a), making the 'established under an Act' limb of 9(1)(c) redundant and potentially confusing, as it implies such entities require a separate regulatory declaration despite already qualifying under 9(1)(a)."}],"contradictions":[{"severity":"medium","section_a":"sec.13","section_b":"sec.18(2)","confidence":0.8,"description":"Section 13 provides the ombudsman is 'not subject to direction by any person about... the priority given to investigations'. Section 18(2) provides the ombudsman 'must investigate a parliamentary reference'. This mandatory obligation effectively directs the ombudsman on priority, since a mandatory duty to investigate necessarily elevates parliamentary references above other matters regardless of the ombudsman's independent assessment of relative priority. Section 19(2) compounds this by requiring investigation to be 'started as soon as possible'."},{"severity":"medium","section_a":"sec.16(1)(a)","section_b":"sec.7(1)(d) and sec.7(1)(e)","confidence":0.75,"description":"Section 16(1)(a) prohibits the ombudsman from questioning the merits of 'a decision, including a policy decision, made by a Minister'. Section 7(1)(d)-(e) defines 'administrative action' to include 'the making of a recommendation, including a recommendation made to a Minister' and 'an action taken because of a recommendation made to a Minister'. If a Minister makes a decision following a recommendation, the decision itself is excluded from scrutiny under s.16(1)(a), but the underlying recommendation and any action taken because of it are squarely within the definition of investigable administrative action under s.7(1)(d)-(e). The ombudsman could investigate the recommendation but not the decision implementing it, potentially rendering the investigation meaningless where the harm flows from the Ministerial decision."},{"severity":"high","section_a":"sec.45(1)","section_b":"sec.46(1)","confidence":0.82,"description":"Section 45(1) abolishes 'any' obligation to maintain secrecy or restriction on disclosure of information relevant to an investigation, 'whether imposed by any Act or by a rule of law'. Section 46(1) then re-imposes a restriction by providing the Act does not 'require or authorise' disclosure of information relating to Cabinet proceedings. The use of 'any Act' in s.45(1) would seemingly override the restriction contemplated by s.46(1), yet s.46(2) makes a Premier's certificate 'conclusive' of Cabinet-related privilege. The relationship between these provisions is contradictory: s.45(1) appears to sweep away all secrecy obligations, but s.46 carves back Cabinet privilege without expressly stating it prevails over s.45(1)."},{"severity":"medium","section_a":"sec.14(2)","section_b":"sec.16(1)","confidence":0.7,"description":"Section 14(2) empowers the ombudsman to investigate 'despite a provision in any Act to the effect that the action is final or cannot be appealed against, challenged, reviewed, quashed or called in question'. Section 16(1) then prohibits the ombudsman from 'questioning the merits' of Ministerial or Cabinet decisions. These provisions create a direct tension: s.14(2) grants broad investigative power overriding finality provisions, while s.16(1) imposes a substantive limitation that effectively immunises certain decisions from scrutiny of their merit — the very thing an investigation would typically seek to assess."},{"severity":"low","section_a":"sec.23(1)(d)","section_b":"sec.23(3)","confidence":0.55,"description":"Section 23(1)(d)(i) permits the ombudsman to refuse investigation where the complainant has 'a right of appeal, reference or review, or another remedy, that the person has not exhausted'. Section 23(3) then clarifies that 'a right or remedy mentioned in subsection (1)(d)(i)' does not include a right under the Judicial Review Act 1991 to apply to the Supreme Court. However, the ombudsman's own power to apply to the Supreme Court under section 17 to determine jurisdiction questions is itself a form of judicial review mechanism. The Act therefore excludes Judicial Review Act rights from the exhaustion requirement but creates its own parallel Supreme Court referral mechanism, producing an inconsistent treatment of Supreme Court access depending on who is invoking it."},{"severity":"low","section_a":"sec.38(1)(e)","section_b":"sec.25(2)(a)","confidence":0.5,"description":"Section 38(1)(e) makes it contempt of the ombudsman to use 'false and defamatory words about the ombudsman' whether 'before the ombudsman or otherwise'. Section 25(2)(a) requires investigations to be conducted 'in a way that maintains confidentiality'. A person who makes defamatory statements outside the investigation cannot be said to be acting within an investigation, yet s.38 applies 'whether before the ombudsman or otherwise', sweeping in out-of-investigation conduct. This extra-territorial reach of the contempt power extends to publicly made statements, which sits in tension with the confidentiality requirement that bounds the investigation itself — the investigation is confidential, but the contempt power for protecting it extends publicly beyond those confidential boundaries."}]},"kimi_summary":{"_metrics":{"completionTokens":730},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 form. Key expansions include: (1) integration of the Inspector of Detention Services role (2022), creating a dual-function office; (2) new powers to investigate non-agency entities performing agency functions (2024); (3) enhanced parliamentary oversight through committee approval requirements for appointments and funding; (4) addition of strategic review and funding proposal mechanisms; and (5) expanded reporting obligations to other integrity bodies. The scope has grown from a straightforward administrative complaints body to a multi-function integrity institution with detention monitoring responsibilities."},"complexity_factors":["Multiple overlapping definitions of 'agency' and 'public authority' with numerous exceptions and inclusions (sections 8-9)","Nested exceptions to jurisdiction in section 16 (8 separate categories of excluded actions)","Extensive cross-referencing with other Acts (Crime and Corruption Act, Police Service Administration Act, Judicial Review Act, etc.)","Conditional complaint requirements with multiple exceptions (section 20)","Complex appointment and removal procedures involving parliamentary committee approval (sections 59, 67-69)","Dual role structure: Ombudsman also serves as Inspector of Detention Services with intertwined provisions","Detailed procedural rules for investigations including contempt powers and enforcement mechanisms (Part 4)","Multiple transitional provisions across 8 divisions dealing with historical legislative changes"],"plain_english_summary":"This Act establishes the **Queensland Ombudsman**, an independent officer of Parliament who investigates complaints about how government agencies (departments, local councils, and public authorities) make decisions and handle administrative matters.\n\n**What the Ombudsman can do:**\n- **Investigate** administrative actions that are unfair, unlawful, unreasonable, or discriminatory — even if there's no right of appeal\n- **Act on complaints** from the public, referrals from Parliament, or on their own initiative\n- **Make recommendations** to agencies about fixing problems and improving practices\n- **Provide training and advice** to help agencies do better\n\n**Who can complain:**\n- Anyone directly affected by an agency's action (or their representative)\n- Complaints must generally be made within **1 year** of becoming aware of the issue\n- People in custody have special protections to ensure they can complain\n\n**What the Ombudsman **cannot** investigate:**\n- Decisions by Ministers or Cabinet\n- Court or tribunal decisions\n- Police operational actions (these go to the Crime and Corruption Commission)\n- Actions already being handled by another complaints body\n\n**Powers of investigation:**\n- Require documents, information, and attendance for questioning\n- Enter agency premises and inspect records\n- Apply to courts for subpoenas or arrest warrants if people refuse to cooperate\n- Protect whistleblowers from retaliation\n\n**Reporting:**\n- The Ombudsman reports findings to the agency and can escalate to the Premier or Parliament if recommendations are ignored\n- Must notify the Crime and Corruption Commission of any suspected corrupt conduct\n\n**Independence:**\n- The Ombudsman is appointed by the Governor in Council but can only be removed by Parliament on specific grounds (incapacity, incompetence, misconduct, or criminal conviction)\n- Cannot be directed by anyone on how to conduct investigations\n- Must declare and manage conflicts of interest\n\nThe Act also establishes the **Office of the Ombudsman** with its own staff, and requires **strategic reviews** every 5 years to ensure the office is working effectively."}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-act-2001","history":"/api/acts/ombudsman-act-2001/history","analysis":"/api/acts/ombudsman-act-2001/analysis","conflicts":"/api/acts/ombudsman-act-2001/conflicts","importantCases":"/api/acts/ombudsman-act-2001/important-cases","documents":"/api/acts/ombudsman-act-2001/documents"}}