{"id":"ombudsman-act-2009","name":"Ombudsman Act 2009","slug":"ombudsman-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30455,"registerId":"nt-ombudsman-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 4","sectionType":"part","heading":"Ombudsman's jurisdiction for","content":"Part 4 Ombudsman's jurisdiction for\nadministrative actions of public authorities\nand police conduct\n13 Interpretation ................................................................................. 10\n14 Matters for investigation ................................................................ 10\n15 Executive and ministerial matters must not be investigated .......... 10\n16 What administrative actions may not be investigated .................... 11\n17 Parliamentary reference of matter for investigation ....................... 12\n18 Ombudsman to deal with complaint referred by complaints\nentity .............................................................................................. 12\n19 Liaison with complaints entity ........................................................ 13\n20 Application to Supreme Court ........................................................ 13\nPart 5 Complaints about administrative actions of\npublic authorities and police conduct\n21 Who may make complaint ............................................................. 14\n22 Complaint for deceased person ..................................................... 14\n23 Making complaint about administrative action ............................... 14\n24 Making police complaint ................................................................ 15\n25 When complaint to be made .......................................................... 15\n26 Prisoner complaints ....................................................................... 15\n27 Effect of restrictive provisions on complaint ................................... 16\n28 Preliminary inquiries about administrative action ........................... 17\n29 Principal officer to give help ........................................................... 17\n30 Request for non-disclosure of information and other things .......... 17\nDivision 2 Decisions about referring and investigating\n31 Decision on complaint without investigation .................................. 18\n32 Referral of complaint to complaints entity ...................................... 18\n33 When Ombudsman may decline to deal with complaint ................ 18\n34 Ombudsman need not investigate if investigation by\ncomplaints entity ............................................................................ 19\n35 Decisions about investigating if complaint made to public\nauthority ......................................................................................... 19\n36 Notice of decision not to investigate .............................................. 20\n37 Dealing with complaint by conciliation or mediation....................... 20\n\nOmbudsman Act 2009 iii\n38 Who can be conciliator or mediator ............................................... 20\n39 Objection to conciliator or mediator ............................................... 20\n40 Suspending investigation ............................................................... 20\n41 Participation voluntary ................................................................... 21\n42 Progress report .............................................................................. 21\n43 Termination.................................................................................... 21\n44 Resolution of complaint ................................................................. 21\n45 Restricted use of information ......................................................... 21\n46 Effect of unsuccessful conciliation or mediation ............................ 22\n47 Notice of investigation ................................................................... 22\n48 Conduct of investigation ................................................................ 22\n49 Procedure generally ...................................................................... 23\n50 Consultation................................................................................... 23\n51 Hearing for investigation ................................................................ 24\n52 Requirement to give information, document or thing ..................... 24\n53 Requirement to attend hearing ...................................................... 25\n54 Investigation at public authority's premises ................................... 26\n55 Ombudsman may issue direction in relation to administrative\naction ............................................................................................. 26\n56 Custody of thing given to Ombudsman .......................................... 27\nDivision 5 Reports and recommendations on\n57 Report to complainant ................................................................... 27\n58 Report to public authority ............................................................... 27\n59 Adverse reports ............................................................................. 28\n60 Report of breach of duty or misconduct ......................................... 29\n61 Report containing adverse comment ............................................. 29\n62 Report may include recommendations .......................................... 29\n63 Action after report and recommendations ...................................... 30\n64 Ombudsman to inform complainant of action taken....................... 30\n65 Notice of complaint to Ombudsman............................................... 31\n66 Ombudsman to assess and decide how to deal with complaint..... 31\n\nOmbudsman Act 2009 iv\n67 When Ombudsman may decline to deal with complaint ................ 32\n68 Definition........................................................................................ 33\n69 When police complaint may be dealt with by conciliation .............. 33\n70 Who can be conciliator .................................................................. 33\n71 Objection to conciliator .................................................................. 33\n72 Suspending other police complaint process .................................. 34\n73 Participation voluntary ................................................................... 34\n74 Progress report .............................................................................. 34\n75 Termination.................................................................................... 34\n76 Report of results of conciliation...................................................... 34\n77 Effect of unsuccessful conciliation ................................................. 34\nDivision 4 Police complaints resolution process and\nProfessional Standards Command\nSubdivision 1 Police complaints resolution process\n78 When police complaint may be dealt with by resolution\nprocess .......................................................................................... 35\n79 Conduct and report of resolution process ...................................... 35\nSubdivision 2 Professional Standards Command\n80 When complaint to be investigated by Professional Standards\nCommand ...................................................................................... 35\n81 Conduct of investigation ................................................................ 35\n82 General powers of Professional Standards Command .................. 36\n83 Professional Standards Command member's power to give\ndirection to police officer ................................................................ 36\n84 Request by Ombudsman on how to conduct investigation ............ 36\n85 Ombudsman to oversee police complaints resolution process\nand investigation............................................................................ 37\n86 When complaint may be investigated by Ombudsman .................. 38\n\nOmbudsman Act 2009 v\n87 Application of Subdivision .............................................................. 39\n88 Conduct of investigation ................................................................ 39\n89 Procedures and powers ................................................................. 39\n90 Ombudsman may investigate consequential action....................... 40\nDivision 6 Reporting requirements and related\nprovisions\nSubdivision 1 Investigations if Commissioner reports to\nparties\n91 Application of Subdivision .............................................................. 40\n92 Report of investigation by Professional Standards Command\nmember ......................................................................................... 40\n93 Commissioner to release report and comments ............................ 40\nSubdivision 2 Investigations if Commissioner reports to\nOmbudsman\n94 Application of Subdivision .............................................................. 41\n95 Report of investigation by Professional Standards Command\nmember ......................................................................................... 41\n96 Commissioner to give report and comments to Ombudsman ........ 41\n97 Ombudsman's assessment and recommendations on\ninvestigation................................................................................... 42\n98 Application of Subdivision .............................................................. 42\n99 Ombudsman to report on investigation .......................................... 42\n100 Report containing adverse comment ............................................. 42\n101 Assessments and recommendations ............................................. 43\nSubdivision 5 Other provisions relating to reports,\nassessments and recommendations\n102 Application of Subdivision .............................................................. 44\n103 Consideration of Ombudsman's report .......................................... 44\n104 Action on Ombudsman's report ..................................................... 45\n105 Ombudsman to inform complainant and police officer of action\ntaken .............................................................................................. 45\n106 Commissioner to notify Ombudsman of proceedings taken........... 46\n\nOmbudsman Act 2009 vi\n107 Deferral and discontinuing of dealing with complaint ..................... 46\n108 Ombudsman may require further action ........................................ 47\n109 Complainant may ask for investigation to be conducted................ 47\n110 Revocation or variation of decision, assessment or\nrecommendation ............................................................................ 48\n111 Parties to complaint to be informed of decision ............................. 49\n112 Commissioner may refer police conduct to Ombudsman .............. 49\n113 Commissioner may request non-disclosure of information ............ 49\n114 Restricted use of certain information ............................................. 50\n115 Consultation................................................................................... 50\n116 Register of police complaints ......................................................... 50\nPart 8 Confidentiality, offences and related\nprovisions\n117 Information disclosure and privilege .............................................. 51\n118 Disclosure of particular matters not required ................................. 52\n119 Non-compellable witnesses ........................................................... 52\n120 Confidentiality of information ......................................................... 53\n121 Direction not to disclose information .............................................. 54\n122 Person consulted not to disclose information ................................ 55\nDivision 2 Other offences, disciplinary provisions and\nrelated matters\n123 Misleading information or document .............................................. 56\n124 Preventing or obstructing making of complaint .............................. 57\n125 Offence to commit act of reprisal ................................................... 57\n126 Failure to comply with particular notices ........................................ 58\n127 Refusal to take oath....................................................................... 59\n128 Failure to comply with requirement to help Ombudsman ............... 59\n129 Obstruction of persons acting in official capacity ........................... 59\nDivision 3 Legal proceedings for offences\n130 Evidentiary certificates ................................................................... 60\n\nOmbudsman Act 2009 vii\nDivision 1 Matters relating to Ombudsman and\nOmbudsman's Office\nSubdivision 1 Appointment of Ombudsman and related\nmatters\n132 Ombudsman .................................................................................. 60\n133 Eligibility for appointment ............................................................... 60\n134 Term of appointment ..................................................................... 61\n135 Conditions of appointment ............................................................. 61\n136 Restriction on outside employment................................................ 62\n137 Leave of absence .......................................................................... 62\n138 Resignation.................................................................................... 62\n139 Retirement ..................................................................................... 62\n140 Termination of appointment by Administrator ................................ 62\n141 Termination of appointment by Legislative Assembly after\nsuspension .................................................................................... 62\n142 Appointment ceases on becoming candidate for election .............. 63\n143 Acting Ombudsman ....................................................................... 63\n144 Oath before taking office ............................................................... 64\nSubdivision 2 Officers of Ombudsman's Office\n145 Status ............................................................................................ 64\n146 Officers not subject to outside direction ......................................... 64\n147 Delegation ..................................................................................... 64\n148 Arrangements with other jurisdictions ............................................ 65\n149 Validity of acts and decisions......................................................... 66\nDivision 2 Agreements for dealing with police\n150 Ombudsman and Commissioner may make agreement ................ 66\n151 Tabling, publication and availability of agreement ......................... 66\n152 Annual report ................................................................................. 67\n153 Report on Ombudsman's initiative to Minister ............................... 67\n154 Tabling of reports........................................................................... 67\n155 Report on parliamentary reference ................................................ 67\n\nOmbudsman Act 2009 viii\n156 Compliance with requirement as soon as practicable.................... 68\n157 Compliance with requirement for informing complainant ............... 68\n158 Extension of period for compliance with notices ............................ 68\n159 Protection from liability – complainants and informants ................. 68\n160 Protection from liability – persons administering Act ..................... 69\n161 Regulations.................................................................................... 70\nPart 11 Repeals and transitional matters for\nOmbudsman Act 2009\nDivision 1 Preliminary matters\n162 Definitions ...................................................................................... 70\nDivision 2 Repeals\n163 Repeal of Ombudsman legislation ................................................. 70\n164 Ombudsman continues in office .................................................... 70\n165 Actions before commencement date ............................................. 71\nPart 12 Transitional matters for Integrity and\nAccountability Legislation Amendment\n166 Effect on Ombudsman in office...................................................... 71\nPart 13 Transitional matters for Integrity and\nEthics Commissioner Act 2025\n167 Application of amendment to section 143 ...................................... 72\n\n____________________\nAs in force at 28 November 2025\n____________________\nOMBUDSMAN ACT 2009\nAn Act to establish the office of Ombudsman for the Northern Territory\nfor investigating, and dealing with complaints about, particular actions\nof public authorities and conduct of police officers, and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Ombudsman Act 2009.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are:\n(a) to give people a timely, effective, efficient, independent,\nimpartial and fair way of investigating, and dealing with\ncomplaints about, administrative actions of public authorities\nand conduct of police officers; and\n(b) to improve the quality of decision-making and administrative\npractices in public authorities.\n\nOmbudsman Act 2009 2\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nacting in an official capacity, in relation to a person, means the\nperson is exercising powers or performing functions under this Act\nor exercising powers or performing functions otherwise related to\nthe administration of this Act.\nActing Ombudsman, see section 143.\nadministrative action, see section 6.\nAgency, see section 3(1) of the Public Sector Employment and\nManagement Act 1993.\nAustralian parliament means:\n(a) the Legislative Assembly; or\n(b) the Parliament of the Commonwealth or a State; or\n(c) the parliament or legislature of another Territory.\nCommissioner means the Commissioner of Police.\ncomplainant means the person who makes a complaint, and\nincludes the person aggrieved by the action or conduct the subject\nof a complaint if it is not made by that person.\ncomplaint means a complaint made under Part 5, and includes\npart of a complaint.\ncomplaints entity means an entity that under another Act has\nresponsibility for the investigation or review of matters that may\ninclude administrative actions of public authorities or conduct of\npolice officers.\nconduct, of a police officer, see section 7.\ndisciplinary action, for a breach of discipline by a police officer,\nmeans action of a type mentioned in section 84D of the Police\n\nOmbudsman Act 2009 3\ndisciplinary procedures, for a breach of discipline by a police\nofficer, means procedures under Part IV of the Police\nDPP exempt matter means:\n(a) the starting or conduct of, or participation in or help with\nmatters relating to, a legal proceeding, including a legal\nproceeding outside the Territory; or\n(b) the granting of immunity from prosecution; or\n(c) an extradition; or\n(d) the recovery of penalties or enforcement of forfeitures; or\n(e) the issuing and contents of guidelines relating to prosecutions\nfor offences; or\n(f) the limiting of the powers of officials as defined in\nsection 23(4) of the Director of Public Prosecutions Act 1990;\nor\n(g) the investigation of offences.\neligible person, see section 133(1).\nfailure includes refusal.\nharm includes:\n(a) injury, loss and damage; and\n(b) intimidation and harassment; and\n(c) discrimination, disadvantage and adverse treatment (including\ndisciplinary action) in relation to employment, career,\nprofession, trade or business.\ninvestigation means an investigation under:\n(a) Part 6, Division 4; or\n(b) Part 7, Division 4, Subdivision 2; or\n(c) Part 7, Division 5, Subdivision 2.\nnotified police complaint means a police complaint about which\nthe Ombudsman is notified under section 65(2).\nobstruct includes hinder and resist.\n\nOmbudsman Act 2009 4\nofficer, of a public authority, includes:\n(a) the authority's principal officer; and\n(b) a member of the authority; and\n(c) a person employed by or for the authority.\nofficer, of the Ombudsman's Office, means a person employed in\nthe Ombudsman's Office.\nOmbudsman means the person holding or occupying the office of\nOmbudsman for the Northern Territory established by section 9.\nOmbudsman's Office means the Agency of that name specified in\n","sortOrder":2},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the Public Sector Employment and Management","content":"Schedule 1 to the Public Sector Employment and Management\nAct 1993.\nparliamentary reference means a reference made under\nsection 17.\nparty, to a complaint, means:\n(a) if it relates to administrative action of a public authority:\n(i) the complainant; or\n(ii) the principal officer of the authority; or\n(b) if it relates to conduct of a police officer:\n(i) the complainant; or\n(ii) the Commissioner; or\n(iii) the police officer.\nPolice Civil Employment Unit means the Agency of that name\nspecified in Schedule 1 to the Public Sector Employment and\nManagement Act 1993.\npolice complaint means a complaint about conduct of a police\npolice complaints agreement, see section 150.\npolice complaints resolution process means a process for the\nresolution of police complaints relating to conduct of a kind to which\nthe police complaints agreement applies.\n\nOmbudsman Act 2009 5\nPolice Force means the Police Force of the Northern Territory\nestablished under section 5 of the Police Administration Act 1978.\nPolice Minister means the Minister administering the Police\npreliminary inquiries, for administrative action, means preliminary\ninquiries under section 28.\npresiding member, of a local government council, means the\nmayor, president, chairman or person (however described)\npresiding over the council, and includes the deputy to the presiding\nprincipal officer, of a public authority, means:\n(a) for an Agency – the Chief Executive Officer of the Agency; or\n(b) for the Police Force – the Commissioner; or\n(c) for a local government council:\n(i) in relation to action taken by the chief executive officer of\nthe council for the council – the presiding member of the\ncouncil; or\n(ii) otherwise – the chief executive officer of the council; or\n(d) for another entity constituted or established by or under a law\nof the Territory – the chairperson or presiding member\n(however described) of the entity or the person constituting the\nentity; or\n(e) for an entity prescribed by regulation to be a public authority –\nthe person prescribed by regulation.\nprisoner, see section 6 of the Correctional Services Act 2014.\nProfessional Standards Command means the Ethical and\nProfessional Standards Command of the Police Force established\nunder section 34G of the Police Administration Act 1978.\nProfessional Standards Command member means a police\nofficer assigned to the Professional Standards Command.\nProfessional Standards Command report means a report\nmentioned in section 92(1) or 95.\npublic authority, see section 5.\n\nOmbudsman Act 2009 6\npublic official means a person who is appointed or authorised\nunder an Act to perform inspection, investigation or other\nenforcement functions under the Act for the Territory, an Agency or\nanother public authority.\nrelevant official, for Part 7, Division 3, see section 68.\nresponsible Minister means:\n(a) for an Agency – the Minister administering the Agency; or\n(b) for a public authority constituted or established under an Act –\nthe Minister who administers the provisions of the Act by or\nunder which it is constituted or established; or\n(c) for the Police Force – the Police Minister; or\n(d) for an entity prescribed by regulation to be a public authority –\nthe Minister prescribed by regulation in relation to the entity.\nreview right means:\n(a) a right of appeal; or\n(b) a right of reference to or review before a tribunal; or\n(c) a remedy by way of a legal proceeding in a court.\nState means the following:\n(a) a State of the Commonwealth;\n(b) the Australian Capital Territory.\ntribunal means an entity (including an individual but not including a\ncourt) that:\n(a) is established or appointed under an Act; and\n(b) has judicial or quasi-judicial functions.\nwitness, at a hearing for an investigation, means a person required\nby notice under section 53 to attend the hearing to answer\nquestions relevant to the investigation.\nworking day means a day other than:\n(a) a Saturday or Sunday; or\n(b) a public holiday.\n\nDivision 2 Basic concepts about public authorities and administrative actions\nOmbudsman Act 2009 7\nDivision 2 Basic concepts about public authorities and\nadministrative actions\n5 Public authority\nA public authority is:\n(a) an Agency; or\n(b) the Police Force; or\n(c) a Government owned corporation; or\n(d) a local government council; or\n(e) another entity that is constituted or established for a public\npurpose by or under a law of the Territory; or\n(f) an entity declared to be a public authority by another Act or\nprescribed by regulation.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Administrative action","content":"6 Administrative action\n(1) Administrative action is any action about a matter of\nadministration, and includes:\n(a) a decision or act; and\n(b) a failure to make a decision or do an act; and\n(c) the formulation of a proposal or intention; and\n(d) the making of a recommendation, including a recommendation\nmade to the Administrator or a minister; and\n(e) a decision or act taken in consequence of the making of a\nrecommendation.\n(2) Administrative action of a public authority includes:\n(a) administrative action taken by, in or for the authority; and\n(b) administrative action taken by or for an officer of the authority\nin relation to or incidental to the exercise or purported exercise\nof a power, or performance or purported performance of a\nfunction, of the authority or officer; and\n(c) administrative action taken for, or in relation to or incidental to\nthe performance of functions conferred on, the authority, by an\nentity that is not a public authority, including for example, by\nan entity under a contract.\n\nOmbudsman Act 2009 8\n(3) Subsection (2)(a) applies even if the action is taken by a public\nauthority wholly or partly for an entity that is not a public authority.\n(4) For subsection (2)(c), the action is taken to be administrative action\nof the public authority.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Basic concepts about conduct of police officers","content":"Division 3 Basic concepts about conduct of police officers\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Conduct of police officer","content":"7 Conduct of police officer\n(1) Conduct of a police officer is any decision or act, or a failure to\nmake any decision or do any act, by the police officer for, in relation\nto or incidental to, the exercise of a power or performance of a\nfunction of a police officer.\n(2) To avoid doubt, conduct of a police officer includes conduct\nmentioned in subsection (1) in the capacity of a public official.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Criminal responsibility","content":"Division 4 Criminal responsibility\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Code","content":"8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Ombudsman","content":"9 Ombudsman\nThere is to be an Ombudsman for the Northern Territory.\nNote\nPart 9, Division 1, Subdivision 1, contains matters about the appointment of the\nOmbudsman and related matters.\n\nOmbudsman Act 2009 9\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Functions","content":"10 Functions\n(1) The Ombudsman's functions are:\n(a) to investigate, and deal with complaints about, administrative\nactions of public authorities; and\n(b) to consider the administrative practices and procedures of\npublic authorities whose actions are being investigated, or\ndealt with on complaint, and to make recommendations to\nauthorities:\n(i) about appropriate ways of addressing the effects of\ninappropriate administrative actions; or\n(ii) for the improvement of their practices and procedures;\nand\n(c) to consider the administrative practices and procedures of\npublic authorities generally and to make recommendations or\nprovide information or other help to the authorities for the\nimprovement of their practices and procedures; and\n(d) to investigate, and deal with complaints about, conduct of\npolice officers; and\n(e) to consider and prepare reports on investigations of the\nconduct of police officers and to make recommendations\nabout action that should be taken in relation to them; and\n(f) to perform other functions conferred on the Ombudsman\nunder this or another Act.\n(2) The Ombudsman's functions under subsection (1) do not extend to\na matter for which the Children's Commissioner is authorised to\nconduct an investigation under the Children's Commissioner\nAct 2013.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Powers","content":"11 Powers\nThe Ombudsman may do all things necessary or convenient to be\ndone for, or in relation to, the performance of the Ombudsman's\nfunctions.\n\nOmbudsman Act 2009 10\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Independence in relation to complaints and investigations","content":"12 Independence in relation to complaints and investigations\n(1) The Ombudsman is not subject to direction by any person about:\n(a) the way the Ombudsman exercises or performs the\nOmbudsman's powers or functions in relation to complaints\nand investigations; or\n(b) the priority given to investigations.\n(2) The Ombudsman must act independently, impartially and in the\npublic interest in the exercise or performance of the Ombudsman's\npowers or functions in relation to complaints and investigations.\nPart 4 Ombudsman's jurisdiction for administrative\nactions of public authorities and police\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Interpretation","content":"13 Interpretation\nA reference in this Part to the investigation of administrative action\nof a public authority or conduct of a police officer includes dealing\nwith a complaint under Part 6 or 7 in another way provided in the\nPart.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Matters for investigation","content":"14 Matters for investigation\n(1) Subject to sections 15 and 16, the Ombudsman may investigate\nadministrative action of a public authority or conduct of a police\nofficer:\n(a) on a complaint; or\n(b) on the Ombudsman's own initiative.\n(2) The Ombudsman may investigate administrative action despite a\nprovision in any Act to the effect that the action is final or cannot be\nappealed against, challenged, reviewed, quashed or called in\nquestion.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Executive and ministerial matters must not be investigated","content":"15 Executive and ministerial matters must not be investigated\n(1) The Ombudsman must not investigate the deliberations of:\n(a) the Executive Council or Cabinet; or\n(b) a committee of the Executive Council or Cabinet.\n\nOmbudsman Act 2009 11\n(2) In addition, the Ombudsman must not question the merits of a\ndecision:\n(a) made by:\n(i) the Administrator, Executive Council or Cabinet; or\n(ii) a committee of the Executive Council or Cabinet; or\n(b) made personally by a minister.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"What administrative actions may not be investigated","content":"16 What administrative actions may not be investigated\n(1) The Ombudsman must not investigate administrative action taken\nby:\n(a) a person while discharging or purporting to discharge a\nresponsibility of a judicial nature; or\n(b) a tribunal or a member of a tribunal:\n(i) in the performance or purported performance of the\ntribunal's deliberative functions; or\n(ii) in relation to processes, prescribed under an Act, for\nconciliation or mediation in relation to a complaint,\ndispute or other matter within the meaning of that Act; or\n(c) a person acting as counsel or legal adviser to the Territory for\nthe Territory or a minister; or\n(d) a coroner under the Coroners Act 1993, while discharging or\npurporting to discharge a responsibility relating to an\ninvestigation or inquest under that Act; or\n(e) a person while discharging or purporting to discharge a\nresponsibility relating to a preliminary examination under\nPart V of the Local Court (Criminal Procedure) Act 1928; or\n(f) the Director of Public Prosecutions relating to a DPP exempt\nmatter; or\n(g) a public authority in relation to its employment of a person,\nincluding action taken in relation to the promotion, transfer,\ntermination of employment or discipline of the person or the\npayment of remuneration to the person; or\n(h) the Parole Board of the Northern Territory established by the\nParole Act 1971 or the Chairman of that Board.\n\nOmbudsman Act 2009 12\n(2) The Ombudsman must not investigate administrative action of a\npublic authority not mentioned in subsection (1) for which there is a\nreview right under the law under which the action is taken unless\n1 of the following conditions applies:\n(a) the authority agrees to the investigation;\n(b) on complaint by the person who has the review right, the\nOmbudsman is satisfied:\n(i) it would not be reasonable to expect or to have expected\nthe complainant to resort to the review right; or\n(ii) the matter merits investigation to avoid injustice.\n(3) Subsection (1)(b) and (f) does not prevent the Ombudsman\ninvestigating administrative action of a public authority if the\nOmbudsman is satisfied there has been unreasonable delay by the\nauthority in relation to the action.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Parliamentary reference of matter for investigation","content":"17 Parliamentary reference of matter for investigation\n(1) The Legislative Assembly or a committee of the Assembly may\nrefer the following matters to the Ombudsman for investigation:\n(a) any matter within the Ombudsman's jurisdiction;\n(b) any administrative action taken by a public authority that\nwould be within the Ombudsman's jurisdiction under\nsection 16(2)(a) or (3) if:\n(i) the authority were to agree to the investigation; or\n(ii) the Ombudsman were satisfied there had been\nunreasonable delay by the authority in relation to the\naction.\n(2) The Ombudsman must investigate the matter.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Ombudsman to deal with complaint referred by complaints","content":"18 Ombudsman to deal with complaint referred by complaints\nentity\n(1) The Ombudsman must deal with a referred complaint as if the\ncomplaint about the matter had been made under this Act.\n(2) In this section:\ndeal with, a complaint, includes declining to deal with, or\ndiscontinuing to deal with, a complaint as mentioned in section 33\nor 67.\n\nOmbudsman Act 2009 13\nreferred complaint means a complaint about a matter referred to\nthe Ombudsman by a complaints entity under the Act under which\nthe entity has responsibility for the investigation or review of the\nmatter.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Liaison with complaints entity","content":"19 Liaison with complaints entity\n(1) The Ombudsman may:\n(a) liaise with a complaints entity about the performance by the\nOmbudsman and the complaints entity of their respective\nfunctions for investigating or reviewing administrative actions\nor police conduct; and\n(b) enter into an arrangement with the complaints entity aimed at\navoiding inappropriate duplication of investigative or review\nactivity.\n(2) If an arrangement is entered into under subsection (1)(b) in a\nfinancial year:\n(a) the Ombudsman must ensure particulars of it are included in\nthe annual report under section 152 for the year; and\n(b) if the complaints entity is under a statutory obligation to\nprepare an annual report – the entity must ensure particulars\nof the arrangement are included in its annual report for the\nyear.\n(3) This section has effect subject to sections 10(2) and 32(1).\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Application to Supreme Court","content":"20 Application to Supreme Court\nIf a question arises in relation to an investigation about whether the\nOmbudsman has jurisdiction to conduct the investigation, any of the\nfollowing persons may apply to the Supreme Court to decide the\nquestion:\n(a) the Ombudsman;\n(b) if the investigation relates to administrative action of a public\nauthority:\n(i) the principal officer of the authority; and\n(ii) for an investigation on a complaint – the complainant;\n(c) if the investigation relates to a complaint about conduct of a\npolice officer – the complainant, the Commissioner and the\n\nOmbudsman Act 2009 14\n","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Complaints about administrative actions of","content":"Part 5 Complaints about administrative actions of\npublic authorities and police conduct\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Who may make complaint","content":"21 Who may make complaint\n(1) A complaint about administrative action of a public authority or\nconduct of a police officer may be made by:\n(a) a person aggrieved by the action or conduct; or\n(b) a person representing a person aggrieved by the action or\nconduct; or\n(c) a third party or a person representing a third party.\n(2) However, a police officer or person representing a police officer\nmay make a complaint about conduct of a police officer only if the\nconduct:\n(a) constitutes an offence punishable by imprisonment; or\n(b) is likely to bring the Police Force into disrepute or diminish\npublic confidence in it.\n(3) In addition, a third party may make a complaint only if:\n(a) the complaint raises a substantive issue; or\n(b) the party has first-hand evidence about the subject matter of\nthe complaint.\nExample for subsection (3)(b)\nAn independent bystander who witnesses a police officer's conduct.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Complaint for deceased person","content":"22 Complaint for deceased person\nIf a person who could have made a complaint has died, the\ncomplaint may be made by a person who is, in the Ombudsman's\nopinion, suitable to represent the deceased person.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Making complaint about administrative action","content":"23 Making complaint about administrative action\n(1) A complaint about administrative action of a public authority must\nbe made to the Ombudsman.\n(2) The complaint may be made orally or in writing.\n(3) However, the Ombudsman may require the complaint to be made in\nwriting.\n\nOmbudsman Act 2009 15\n(4) In addition, the Ombudsman may require the complaint to be made\nor verified by statutory declaration.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Making police complaint","content":"24 Making police complaint\n(1) A police complaint must be made to the Ombudsman or a police\n(2) However, a police officer must not accept a police complaint from a\nperson if it relates to the officer's conduct but instead must inform\nthe person to make the complaint to the Ombudsman or another\n(3) The complaint need not identify the police officer whose conduct is\nthe subject of the complaint.\n(4) The complaint may be made orally or in writing.\n(5) However, the Ombudsman may require the complaint to be made in\nwriting.\n(6) In addition, the Ombudsman may require the complaint to be made\nor verified by statutory declaration.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"When complaint to be made","content":"25 When complaint to be made\n(1) A complaint must be made within 1 year after the person aggrieved\nby the administrative action or conduct the subject of the complaint\nfirst becomes aware of the action or conduct.\n(2) For subsection (1), a person is taken to have become aware of the\naction or conduct when the person might reasonably be expected to\nhave become aware of the action or conduct.\n(3) However, the Ombudsman may accept a complaint after the 1-year\nperiod if the Ombudsman considers it is appropriate to do so in the\npublic interest or because of special circumstances.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Prisoner complaints","content":"26 Prisoner complaints\n(1) This section applies for the making of a complaint by a prisoner.\n(2) The prisoner may ask the officer in charge of the place in which the\nprisoner is detained for help in preparing a written complaint to\nmake to the Ombudsman.\n(3) The officer in charge of the place must ensure:\n(a) the prisoner is given facilities for preparing and making a\nwritten complaint; and\n\nOmbudsman Act 2009 16\n(b) on preparation of the complaint by the prisoner, the prisoner is\ngiven relevant information about making the complaint and an\nenvelope in which the complaint and any related documents\ncan be enclosed and sealed; and\n(c) when given to the officer or other person performing functions\nin relation to the prisoner's detention, the sealed envelope is\nsent to the Ombudsman without unreasonable delay; and\n(d) a sealed envelope received by the officer addressed to the\nprisoner and sent by the Ombudsman is given to the prisoner\nwithout unreasonable delay.\n(4) In addition, the officer in charge or other person performing\nfunctions in relation to the prisoner's detention must not open or\ninspect anything in a sealed envelope addressed:\n(a) to the Ombudsman and given by the prisoner to the officer or\nperson for sending to the Ombudsman; or\n(b) to the prisoner and sent by the Ombudsman.\n(5) For this section, the Ombudsman may make arrangements with\npublic authorities for the identification and delivery of sealed\nenvelopes sent by the Ombudsman to prisoners.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Effect of restrictive provisions on complaint","content":"27 Effect of restrictive provisions on complaint\n(1) This section applies if a provision of an Act:\n(a) prohibits or restricts communication between any persons; or\n(b) authorises or requires the imposition of a prohibition or\nrestriction on communication between any persons.\n(2) The provision does not apply to the following communications for\nthe purpose of making a complaint:\n(a) a communication between a person and the Ombudsman;\n(b) a communication between a person and someone else\nrepresenting another person.\n\nOmbudsman Act 2009 17\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Preliminary inquiries about administrative action","content":"28 Preliminary inquiries about administrative action\n(1) The Ombudsman may make preliminary inquiries of a public\nauthority for deciding whether or not the Ombudsman is authorised\nto investigate administrative action of the authority.\n(2) In addition, if the Ombudsman decides the Ombudsman is\nauthorised to investigate the action, the Ombudsman may make\npreliminary inquiries of the public authority for deciding whether or\nnot the Ombudsman should investigate the action.\n(3) Subsections (1) and (2) apply regardless of whether a complaint\nhas been made about the administrative action.\n(4) Also, if a complaint is made about an action (other than\nadministrative action) of a public authority and the Ombudsman is\nsatisfied the complaint is made because of administrative action of\nthe authority, the complaint is taken to have been made about\nadministrative action.\n(5) This section does not apply in relation to a parliamentary reference.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Principal officer to give help","content":"29 Principal officer to give help\nThe principal officer of a public authority must give the Ombudsman\nreasonable help in the making of preliminary inquiries.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Request for non-disclosure of information and other things","content":"30 Request for non-disclosure of information and other things\n(1) The principal officer of a public authority may ask the Ombudsman\nnot to disclose information, or give a statement, document or thing\ngiven to the Ombudsman for preliminary inquiries, to anyone else\nwithout the principal officer's approval.\n(2) The request must be made in writing.\n(3) The Ombudsman must consider the request and agree to it or\nrefuse it.\n(4) The Ombudsman must inform the principal officer of the\n\nDivision 2 Decisions about referring and investigating complaints\nOmbudsman Act 2009 18\nDivision 2 Decisions about referring and investigating\n31 Decision on complaint without investigation\n(1) If, on completing preliminary inquiries, the Ombudsman decides an\ninvestigation of administrative action is authorised, the Ombudsman\nmay make a decision on the complaint relating to the action without\nthe need for an investigation.\n(2) The Ombudsman may make the decision on the complaint only if\nsatisfied, having regard to the nature and seriousness of the\ncomplaint, it may be resolved expeditiously.\n(3) The Ombudsman must inform the parties to the complaint of the\ndecision made on the complaint.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Referral of complaint to complaints entity","content":"32 Referral of complaint to complaints entity\n(1) If a complaint is made to the Ombudsman about a matter that could\nbe the subject of a complaint under an Act to a complaints entity,\nthe Ombudsman:\n(a) if the complaints entity is the Children's Commissioner and the\ncomplaint does not relate to a matter mentioned in\nsection 24(1)(b) of the Children's Commissioner Act 2013 –\nmust refer the complaint to the Children's Commissioner; or\n(b) otherwise – may refer the complaint to the complaints entity.\n(2) The Ombudsman must give written notice of the referral to:\n(a) the complainant; and\n(b) the public authority the subject of the complaint; and\n(c) if the Ombudsman has given notice under section 47 to the\nresponsible Minister – that Minister.\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"When Ombudsman may decline to deal with complaint","content":"33 When Ombudsman may decline to deal with complaint\nThe Ombudsman may decline to deal with, or discontinue dealing\nwith, a complaint about administrative action of a public authority if\nsatisfied:\n(a) the complaint is:\n(i) trivial; or\n(ii) frivolous or vexatious; or\n\n","sortOrder":33},{"sectionNumber":"Div 2","sectionType":"division","heading":"Decisions about referring and investigating complaints","content":"Division 2 Decisions about referring and investigating complaints\nOmbudsman Act 2009 19\n(iii) not made in good faith; or\n(b) the complainant does not have a sufficient interest in the\naction the subject of the complaint; or\n(c) the complainant has not made a complaint to the public\nauthority about the action; or\n(d) having regard to the circumstances and any preliminary\ninquiries, the investigation or continuation of the investigation\nof the action complained of is unnecessary or unjustified; or\n(e) for a complaint made by a third party:\n(i) the complaint does not raise a substantive issue; or\n(ii) the party does not have first-hand evidence about the\nsubject matter of the complaint.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Ombudsman need not investigate if investigation by","content":"34 Ombudsman need not investigate if investigation by\ncomplaints entity\nThe Ombudsman need not investigate a complaint about\nadministrative action of a public authority to the extent the\nOmbudsman is satisfied a complaints entity has investigated, or will\ninvestigate, the action complained of at a level at least substantially\nequivalent to the level at which the Ombudsman would otherwise\ninvestigate the complaint.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Decisions about investigating if complaint made to public","content":"35 Decisions about investigating if complaint made to public\nauthority\n(1) If a complainant has also made a complaint to the public authority\nabout the administrative action complained of, the Ombudsman\nmay decide not to investigate the action until the complainant\ninforms the Ombudsman that:\n(a) no redress has been granted by the public authority; or\n(b) redress has been granted but the redress is not, in the\ncomplainant's opinion, adequate.\n(2) However, if the complainant informs the Ombudsman that no\nredress or no adequate redress has been granted by the public\nauthority, the Ombudsman must investigate the administrative\naction if satisfied:\n(a) a reasonable period has elapsed in which redress could have\nbeen granted; or\n\nOmbudsman Act 2009 20\n(b) the redress granted was not adequate.\n(3) Subsection (2) has effect subject to sections 33 and 34.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Notice of decision not to investigate","content":"36 Notice of decision not to investigate\n(1) This section applies if the Ombudsman decides:\n(a) the Ombudsman is precluded from investigating a complaint;\nor\n(b) under section 33, 34 or 35, not to investigate a complaint or\ncontinue an investigation of a complaint.\n(2) The Ombudsman must inform the complainant of the decision and\nthe reasons for it.\n(3) In addition, if the Ombudsman has given notice under section 47 to\nthe principal officer of the public authority, the Ombudsman must\ninform the principal officer of the decision and the reasons for it.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Dealing with complaint by conciliation or mediation","content":"37 Dealing with complaint by conciliation or mediation\nThe Ombudsman may, at any time on the Ombudsman's own\ninitiative or at the request of a party to a complaint, decide to deal\nwith the complaint by conciliation or mediation under this Division.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Who can be conciliator or mediator","content":"38 Who can be conciliator or mediator\nThe conciliator or mediator must be a person who, in the\nOmbudsman's opinion, is appropriately qualified to act in the\ncapacity.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Objection to conciliator or mediator","content":"39 Objection to conciliator or mediator\nIf a party to the complaint objects to a person acting as conciliator\nor mediator in the conciliation or mediation process, the\nOmbudsman may appoint another person to act as conciliator or\nmediator in the process.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Suspending investigation","content":"40 Suspending investigation\nIf conciliation or mediation is to be conducted to deal with the\ncomplaint and the Ombudsman has started investigating the\ncomplaint, the investigation is suspended pending the result of the\nconciliation or mediation process.\n\nOmbudsman Act 2009 21\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Participation voluntary","content":"41 Participation voluntary\nParticipation by the parties to the complaint in the conciliation or\nmediation process is voluntary and a party may withdraw at any\ntime.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Progress report","content":"42 Progress report\nThe conciliator or mediator must give the Ombudsman a written\nreport about the progress of the conciliation or mediation process if\nthe Ombudsman asks for a report.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Termination","content":"43 Termination\nThe Ombudsman may terminate the conciliation or mediation\nprocess if satisfied it is not likely to bring about agreement between\nthe parties to the complaint.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Resolution of complaint","content":"44 Resolution of complaint\n(1) If the complaint is resolved by conciliation or mediation, the\nagreement reached between the parties may be recorded in writing.\n(2) After the agreement is signed by the parties, the Ombudsman must\ngive a copy of the agreement to each of them.\n(3) There is a cooling-off period for the agreement during which a party\nmay, by written notice to the other parties, cancel the agreement.\n(4) The cooling-off period starts when the agreement is made and ends\n14 days after the day the period starts.\n(5) If the agreement is not cancelled under subsection (3), it is binding\non the parties after the end of the cooling-off period.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Restricted use of information","content":"45 Restricted use of information\n(1) Evidence of anything said or admitted during the conciliation or\nmediation process and any document prepared for the process:\n(a) cannot be used in any later investigation of the complaint\nunless the person who said or admitted the thing, or to whom\nthe document relates, consents to its use; and\n(b) is not admissible in a proceeding for a breach of discipline or\nany proceeding in a court or tribunal.\n(2) However, the information or document may be used for the\nprosecution of a person for an offence against this Act.\n\nOmbudsman Act 2009 22\n(3) In addition, subsection (1) does not prevent the use of an\nagreement for the resolution of a complaint that, under\nsection 44(5), is binding on the parties to the complaint.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Effect of unsuccessful conciliation or mediation","content":"46 Effect of unsuccessful conciliation or mediation\n(1) If the conciliation or mediation process is unsuccessful:\n(a) the complaint must be treated as if the process had not taken\nplace; and\n(b) the conciliator or mediator must not be further involved in\ndealing with the complaint.\n(2) However, subsection (1)(b) does not affect the Ombudsman's\npowers and functions under this Part in relation to the complaint.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Notice of investigation","content":"47 Notice of investigation\nBefore starting an investigation relating to administrative action\ntaken by a public authority, the Ombudsman must give written\nnotice of the Ombudsman's intention to conduct the investigation to:\n(a) the principal officer of the authority; and\n(b) the responsible Minister; and\n(c) if the investigation is conducted on a complaint – the\ncomplainant.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Conduct of investigation","content":"48 Conduct of investigation\n(1) The Ombudsman must complete the investigation as soon as\npracticable after:\n(a) for an investigation conducted on a complaint – giving notice\nof intention to conduct the investigation under section 47; or\n(b) for an investigation conducted on the Ombudsman's own\ninitiative – deciding to conduct the investigation; or\n(c) for an investigation conducted on a parliamentary reference –\nthe reference is made.\n\nOmbudsman Act 2009 23\n(2) However, if a person has a review right in relation to the\nadministrative action, the Ombudsman may decide not to start the\ninvestigation until satisfied the right cannot or will not be exercised\nor sought or, if it has been exercised or sought, the proceeding for it\nhas ended.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Procedure generally","content":"49 Procedure generally\n(1) The Ombudsman must conduct the investigation in private and,\nsubject to this Subdivision, may conduct the investigation in the way\nthe Ombudsman considers appropriate.\n(2) In conducting the investigation, the Ombudsman:\n(a) is not bound by the rules of evidence but must comply with\nnatural justice; and\n(b) is not required to hold a hearing.\n(3) Without limiting subsection (2)(a), the Ombudsman may:\n(a) obtain relevant information from the persons, and in the way,\nthe Ombudsman considers appropriate; and\n(b) consult with the persons the Ombudsman considers\nappropriate; and\n(c) make the inquiries the Ombudsman considers appropriate.\n(4) Without limiting subsection (3)(a), the Ombudsman may require:\n(a) information to be given on oath; or\n(b) information or a document given to be verified by statutory\ndeclaration.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Consultation","content":"50 Consultation\n(1) In conducting the investigation, the Ombudsman must consult with\nthe following persons:\n(a) the principal officer of the public authority;\n(b) a minister who asks the Ombudsman to be consulted about\nthe investigation;\n(c) if the investigation relates to administrative action taken by a\nlocal government council and the presiding member of the\ncouncil asks the Ombudsman to be consulted about the\ninvestigation – the presiding member.\n\nOmbudsman Act 2009 24\n(2) If, in conducting the investigation of a recommendation made to the\nAdministrator, a minister or a local government council, the\nOmbudsman is considering making an adverse report about the\nadministrative action, the Ombudsman must consult with:\n(a) for a recommendation made to the Administrator – the\nresponsible Minister for the authority that made the\nrecommendation; or\n(b) for a recommendation made to a minister – the minister; or\n(c) for a recommendation made to a local government council –\nthe presiding member of the council.\n(3) During or after the investigation, the Ombudsman may consult with:\n(a) a minister who is concerned in the action the subject of the\n(b) if the investigation relates to administrative action taken by a\nlocal government council – the presiding member of the\ncouncil.\n(4) Subsection (3) does not limit section 49(3)(b).\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Hearing for investigation","content":"51 Hearing for investigation\n(1) This section applies if the Ombudsman conducts a hearing for the\n(2) At the hearing, a person required to attend before the Ombudsman\nmay, with the Ombudsman's approval, be represented by a legal\npractitioner or agent.\n(3) The legal practitioner or agent may make submissions to the\nOmbudsman for the person and, with the Ombudsman's approval,\nask witnesses questions relevant to the investigation.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Requirement to give information, document or thing","content":"52 Requirement to give information, document or thing\n(1) The Ombudsman may, by written notice, require a person within a\nstated reasonable period:\n(a) to give the Ombudsman:\n(i) an oral or written statement of information of a stated\ntype relevant to the investigation; or\n\nOmbudsman Act 2009 25\n(ii) a stated document or other stated thing relevant to the\ninvestigation or a copy of a stated document relevant to\nthe investigation; or\n(iii) all documents of a stated type containing information\nrelevant to the investigation, or copies of all documents\nof a stated type containing information relevant to the\n(b) to create, and give the Ombudsman, a document containing\ninformation reasonably required for the investigation.\n(2) The principal officer of the public authority may ask the\nOmbudsman not to disclose information, or give a statement,\ndocument or thing given to the Ombudsman in compliance with the\nnotice, to anyone else without the principal officer's approval.\n(3) The request must be made in writing.\n(4) The Ombudsman must consider the request and agree to it or\nrefuse it.\n(5) The Ombudsman must inform the principal officer of the\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Requirement to attend hearing","content":"53 Requirement to attend hearing\nThe Ombudsman may, by written notice, require a person:\n(a) to attend a hearing for the investigation before the\nOmbudsman at a stated reasonable place and time; and\n(b) at the stated place and time, to do 1 or more of the following\nas stated in the notice:\n(i) give the Ombudsman information of a stated type\nrelevant to the investigation;\n(ii) answer questions relevant to the investigation;\n(iii) give the Ombudsman a stated document or other stated\nthing relevant to the investigation or a copy of a stated\ndocument relevant to the investigation;\n(iv) give the Ombudsman all documents of a stated type\ncontaining information relevant to the investigation, or\ncopies of all documents of a stated type containing\ninformation relevant to the investigation.\n\nOmbudsman Act 2009 26\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Investigation at public authority's premises","content":"54 Investigation at public authority's premises\nThe Ombudsman may, at a reasonable time:\n(a) enter and inspect premises (other than premises, or the part of\npremises, used as a residence) occupied by a public authority;\nand\n(b) take into the premises the persons and things the\nOmbudsman reasonably requires for the investigation; and\n(c) take extracts from, or copy in any way, documents located at\nthe premises; and\n(d) require an officer of the authority at the premises to give the\nOmbudsman reasonable help in exercising a power\nmentioned in paragraph (a), (b) or (c).\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Ombudsman may issue direction in relation to administrative","content":"55 Ombudsman may issue direction in relation to administrative\naction\n(1) The Ombudsman may, by written notice, direct the public authority\nto stop performing a stated administrative action for a stated period\n(not more than 45 days in aggregate) if satisfied:\n(a) the action is likely to prejudice:\n(i) the investigation; or\n(ii) the effect or implementation of a recommendation the\nOmbudsman might make as a result of the investigation;\nand\n(b) compliance with the notice will not result in the authority\nbreaching a contract or other legal obligation or cause any\nthird parties undue hardship; and\n(c) issue of the notice is necessary to prevent serious hardship to\na person.\n(2) The notice may be given before starting the investigation or during\nthe conduct of the investigation.\n(3) If the public authority is satisfied, in the circumstances,\nnon-compliance with the direction would be reasonable and\njustifiable, the authority may decide not to comply with it.\n(4) The public authority must immediately give written notice to the\nOmbudsman of its decision not to comply with the direction.\n\nOmbudsman Act 2009 27\n(5) If the public authority does not comply with the direction, the\nfollowing provisions apply:\n(a) the principal officer of the authority must, at the request of the\nOmbudsman, report to the Ombudsman (within a stated\nreasonable period) on the reasons for the authority's\nnon-compliance with the direction;\n(b) if, on receipt of the principal officer's report, the Ombudsman\nis satisfied the authority's non-compliance with the direction\nwas unjustified or unreasonable, the Ombudsman may give a\nreport on the matter to the responsible Minister for tabling in\nthe Legislative Assembly.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Custody of thing given to Ombudsman","content":"56 Custody of thing given to Ombudsman\n(1) If a document or other thing is given to the Ombudsman under this\nDivision:\n(a) the Ombudsman may keep it for a reasonable period for\nconducting the investigation; and\n(b) if it is a document – take extracts from it and make copies of it.\n(2) While the Ombudsman has possession of it, the Ombudsman must\nallow it to be inspected at any reasonable time by a person who\nwould have the right to inspect it if it were not in the Ombudsman's\npossession.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Report to complainant","content":"57 Report to complainant\nAfter completing an investigation of administrative action of a public\nauthority on complaint, the Ombudsman must inform the\ncomplainant of the result of the investigation in the way the\nOmbudsman considers appropriate.\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Report to public authority","content":"58 Report to public authority\nAfter completing an investigation of administrative action of a public\nauthority on complaint or on the Ombudsman's own initiative, the\nOmbudsman must inform the principal officer of the public authority\nof the result of the investigation in the way the Ombudsman\nconsiders appropriate.\n\nOmbudsman Act 2009 28\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Adverse reports","content":"59 Adverse reports\n(1) This section applies if, on an investigation of administrative action\nof a public authority on complaint or on the Ombudsman's own\ninitiative:\n(a) the Ombudsman is satisfied 1 or more of the following apply:\n(i) the action appears to have been taken contrary to law;\n(ii) the action was unreasonable, unjust, oppressive, or\nimproperly discriminatory;\n(iii) the action was in accordance with a rule of law or\nprovision of a law of the Territory that is or may be\nunreasonable, unjust, oppressive or improperly\n(iv) the action was in accordance with a practice that is or\nmay be unreasonable, unjust, oppressive or improperly\n(v) the action was taken in the purported exercise of a\npower or purported performance of a function for an\nimproper purpose, on irrelevant grounds or taking into\naccount irrelevant considerations;\n(vi) the action was a decision that was made in the exercise\nof a power or performance of a function for which\nreasons should have been given but were not given;\n(vii) the action was based wholly or partly on a mistake of law\nor fact;\n(viii) the action was wrong; and\n(b) the Ombudsman is satisfied 1 or more of the following apply:\n(i) the action should be referred to the public authority for\nfurther consideration;\n(ii) action could be, and should be, taken to rectify or\nmitigate or alter the effects of the action;\n(iii) any practice in accordance with which the action was\ntaken should be varied;\n(iv) any law in accordance with which or on the basis of\nwhich the action was taken should be reconsidered;\n\nOmbudsman Act 2009 29\n(v) reasons, or further reasons, should be given for the\naction;\n(vi) any other steps should be taken.\n(2) The Ombudsman's report on the result of the investigation must\nstate the reasons the Ombudsman is satisfied about the relevant\nmatters mentioned in subsection (1).\n(3) The Ombudsman must give a copy of the report to:\n(a) the responsible Minister for the public authority; and\n(b) if the authority is a local government council – the presiding\nmember of the council.\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Report of breach of duty or misconduct","content":"60 Report of breach of duty or misconduct\nIf, during or after an investigation, the Ombudsman is satisfied there\nis evidence of a breach of duty or misconduct on the part of an\nofficer of a public authority, the Ombudsman must report the matter\nto the principal officer of the authority.\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Report containing adverse comment","content":"61 Report containing adverse comment\n(1) This section applies if the Ombudsman proposes to make an\nadverse comment about a person in a report under this Part.\n(2) The Ombudsman must not make the proposed comment unless,\nbefore the report is finalised, the Ombudsman gives the person\nand, if the proposed comment is about a public authority, the\nprincipal officer of the authority, a reasonable opportunity to make a\nsubmission about the proposed comment.\n(3) If the person or principal officer of the authority makes a submission\nand the Ombudsman still proposes to make the comment, the\nOmbudsman must ensure the submission is taken into account and\nfairly represented in finalising the report.\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"Report may include recommendations","content":"62 Report may include recommendations\nWhen reporting (whether orally or in writing) to the principal officer\nof a public authority on the result of an investigation of\nadministrative action of the public authority, the Ombudsman may\nmake the recommendations the Ombudsman considers\nappropriate.\n\nOmbudsman Act 2009 30\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Action after report and recommendations","content":"63 Action after report and recommendations\n(1) This section applies if the Ombudsman makes recommendations in\nthe report the Ombudsman gives the principal officer of the public\nauthority.\n(2) The Ombudsman may request the principal officer to give written\nnotice to the Ombudsman within a stated period of:\n(a) the steps taken or are proposed to be taken to give effect to\nthe recommendations; or\n(b) if no steps, or only some steps, have been taken or are\nproposed to be taken, the reasons for not taking all the steps\nnecessary to give effect to the recommendations.\n(3) If the Ombudsman considers no appropriate steps, or inadequate\nappropriate steps, have been taken to give effect to the\nrecommendations within a reasonable time after giving the principal\nofficer the report (the original report), the Ombudsman may, after\nconsidering any comments made by or for the officer, give a copy of\nthe report and a copy of the comments to:\n(a) the responsible Minister for the public authority; and\n(b) if the authority is a local government council – the presiding\nmember of the council.\n(4) If the Ombudsman gives the responsible Minister a copy of the\noriginal report, the Ombudsman may give the responsible Minister\nfor tabling in the Legislative Assembly another report that deals, to\nthe extent the Ombudsman considers appropriate, with the original\nreport.\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Ombudsman to inform complainant of action taken","content":"64 Ombudsman to inform complainant of action taken\n(1) If the Ombudsman takes action under section 63(3) or (4), the\nOmbudsman must inform the complainant about the action.\n(2) When informing the complainant, the Ombudsman may make the\ncomments the Ombudsman considers appropriate.\n\nOmbudsman Act 2009 31\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Notice of complaint to Ombudsman","content":"65 Notice of complaint to Ombudsman\n(1) If a police complaint is made to a police officer, the officer must:\n(a) immediately refer it to the officer in charge of the Professional\nStandards Command; and\n(b) comply with any general orders or instructions issued under\nsection 14A of the Police Administration Act 1978 relating to\nthe referral of a police complaint.\n(2) The officer in charge of the Professional Standards Command must\ngive the Ombudsman:\n(a) written notice of the complaint; and\n(b) if:\n(i) the complaint was made in writing – a copy of the\n(ii) the complaint was made orally – a copy of the statement\nof particulars of the complaint prepared by the police\nofficer to whom the complaint was made.\n(3) In the notice, the officer in charge may make a recommendation\nabout the decision the Ombudsman should make under section 66\non the complaint.\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Ombudsman to assess and decide how to deal with complaint","content":"66 Ombudsman to assess and decide how to deal with complaint\n(1) The Ombudsman must assess a police complaint (whether made to\nthe Ombudsman or a notified police complaint) and decide how to\ndeal with it, or to decline to deal with it, under this Part.\n(2) The Ombudsman must decide:\n(a) under section 67, to decline to deal with the complaint; or\n(b) under section 69, to deal with the complaint by conciliation; or\n(c) under section 78, to deal with the complaint by the police\ncomplaints resolution process; or\n\nOmbudsman Act 2009 32\n(d) under section 80, to deal with the complaint by investigation\nby a Professional Standards Command member for which:\n(i) the Commissioner reports to the other parties to the\n(ii) the Ombudsman reports to the parties to the complaint;\nor\n(e) under section 86, to deal with the complaint by an\nOmbudsman investigation.\n(3) The Ombudsman must make the decision as soon as practicable\nafter:\n(a) for a notified police complaint – receipt of the notice under\nsection 65(2); or\n(b) for a police complaint made to the Ombudsman – the\ncomplaint is made.\n(4) For subsection (1), the Ombudsman may:\n(a) make the inquiries the Ombudsman considers appropriate; or\n(b) ask the officer in charge of the Professional Standards\nCommand to make the inquiries the Ombudsman considers\nappropriate.\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"When Ombudsman may decline to deal with complaint","content":"67 When Ombudsman may decline to deal with complaint\n(1) The Ombudsman may decline to deal with, or discontinue dealing\nwith, a police complaint if satisfied:\n(a) the complaint is:\n(i) trivial; or\n(ii) frivolous or vexatious; or\n(iii) not made in good faith; or\n(b) the complainant does not have a sufficient interest in the\nconduct that is the subject of the complaint and there are no\nspecial reasons justifying dealing with the conduct under this\nPart; or\n\nOmbudsman Act 2009 33\n(c) disciplinary procedures have been started against the police\nofficer whose conduct is the subject of the complaint for a\nbreach of discipline in relation to the conduct; or\n(d) the police officer whose conduct is the subject of the complaint\nhas been charged with an offence in relation to the conduct; or\n(e) dealing with the complaint is not in the public interest.\n(2) In addition, the Ombudsman may decline to deal with a police\ncomplaint to the extent the Ombudsman is satisfied a complaints\nentity has investigated, or will investigate, the conduct complained\nof at a level at least substantially equivalent to the level at which the\nOmbudsman would otherwise investigate the complaint.\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Definition","content":"68 Definition\nIn this Division:\nrelevant official, for a police complaint, means:\n(a) if the complaint is being dealt with under this Part by a\nProfessional Standards Command member – the\nCommissioner; or\n(b) otherwise – the Ombudsman.\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"When police complaint may be dealt with by conciliation","content":"69 When police complaint may be dealt with by conciliation\nThe Ombudsman may, at any time on the Ombudsman's own\ninitiative or at the request of a party to a police complaint, decide to\ndeal with the complaint by conciliation under this Division.\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Who can be conciliator","content":"70 Who can be conciliator\nThe conciliator must be a person who, in the relevant official's\nopinion, is appropriately qualified to act in the capacity.\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Objection to conciliator","content":"71 Objection to conciliator\nIf a party to the police complaint objects to a person acting as\nconciliator in the conciliation process, the relevant official may\nappoint another person to act as conciliator in the process.\n\nOmbudsman Act 2009 34\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Suspending other police complaint process","content":"72 Suspending other police complaint process\nIf conciliation is to be conducted to deal with the police complaint\nand another process for dealing with the complaint under this Part\nhas started, the other process is suspended pending the result of\nthe conciliation unless the Ombudsman decides otherwise.\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Participation voluntary","content":"73 Participation voluntary\nParticipation by the parties to the police complaint in the conciliation\nprocess is voluntary and a party to the complaint may withdraw at\nany time.\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Progress report","content":"74 Progress report\n(1) The relevant official for the police complaint may ask for a written\nreport of the progress of the conciliation process.\n(2) The conciliator must comply with the request.\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Termination","content":"75 Termination\nThe relevant official for the police complaint may terminate the\nconciliation process if satisfied it is not likely to bring about\nagreement between the parties to the complaint.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Report of results of conciliation","content":"76 Report of results of conciliation\n(1) The relevant official for the police complaint must report the results\nof the conciliation process to:\n(a) if the official is the Ombudsman – the Commissioner; or\n(b) if the official is the Commissioner – the Ombudsman.\n(2) The Ombudsman may, if satisfied the matter raised by the police\ncomplaint has been properly resolved by the conciliation process,\ndecide the complaint should not be investigated or further\ninvestigated.\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Effect of unsuccessful conciliation","content":"77 Effect of unsuccessful conciliation\n(1) If the conciliation process is unsuccessful:\n(a) the police complaint must be treated as if the process had not\ntaken place; and\n(b) the conciliator must not be further involved in dealing with the\ncomplaint.\n\nOmbudsman Act 2009 35\n(2) However, subsection (1)(b) does not affect the powers and\nfunctions of the Ombudsman, Commissioner or officer in charge of\nthe Professional Standards Command under this Part in relation to\nthe police complaint.\nDivision 4 Police complaints resolution process and\nProfessional Standards Command investigations\nSubdivision 1 Police complaints resolution process\n78 When police complaint may be dealt with by resolution\nprocess\nThe Ombudsman may decide a police complaint should be dealt\nwith by the police complaints resolution process under the police\ncomplaints agreement if the complaint relates only to conduct of a\nkind to which the agreement applies.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Conduct and report of resolution process","content":"79 Conduct and report of resolution process\nThe police complaints resolution process must be conducted and\nthe results of it reported in accordance with the police complaints\nagreement.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"When complaint to be investigated by Professional Standards","content":"80 When complaint to be investigated by Professional Standards\nCommand\nThe Ombudsman may decide a police complaint should be\ninvestigated by a Professional Standards Command member under\nthis Subdivision.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Conduct of investigation","content":"81 Conduct of investigation\n(1) As soon as practicable after the decision to investigate the police\ncomplaint is made, the officer in charge of the Professional\nStandards Command must ensure the investigation is completed.\n(2) The investigation must be conducted, subject to any direction of the\nCommissioner, in the way the officer in charge of the Professional\nStandards Command considers appropriate.\n\nOmbudsman Act 2009 36\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"General powers of Professional Standards Command","content":"82 General powers of Professional Standards Command\n(1) For conducting the investigation, a Professional Standards\nCommand member may make the inquiries, and obtain the\ninformation, documents or things, relevant to the investigation the\nmember considers appropriate.\n(2) However, subsection (1) does not authorise a Professional\nStandards Command member to contravene a law that would\notherwise apply in relation to the investigation.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Professional Standards Command member's power to give","content":"83 Professional Standards Command member's power to give\ndirection to police officer\n(1) For conducting the investigation, a Professional Standards\nCommand member may direct a police officer to do 1 or more of the\nfollowing:\n(a) give information relevant to the investigation;\n(b) produce a document or thing relevant to the investigation;\n(c) answer a question relevant to the investigation.\n(2) If the direction is given to the police officer whose conduct is under\ninvestigation, the Professional Standards Command member must\ninform the officer that:\n(a) a complaint has been made about the officer's conduct and\nthe nature of the complaint; and\n(b) an investigation is being conducted into it.\n(3) However, subsection (2) does not apply if the officer in charge of\nthe Professional Standards Command is satisfied informing the\npolice officer may prejudice the conduct of the investigation.\n(4) This section does not limit the powers or functions a police officer\nwould have apart from this Act in relation to the investigation of an\noffence.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Request by Ombudsman on how to conduct investigation","content":"84 Request by Ombudsman on how to conduct investigation\n(1) If the Ombudsman considers it appropriate that the investigation of\na police complaint should be conducted in a particular way, the\nOmbudsman may ask the officer in charge to conduct the\ninvestigation in that way.\n\nOmbudsman Act 2009 37\n(2) The officer in charge must:\n(a) if the officer agrees to the request – ensure the investigation is\nconducted in that way; or\n(b) otherwise – inform the Ombudsman of the disagreement and\nthe reasons for it.\n(3) On being informed of the disagreement, the Ombudsman may, by\nwritten notice, request the Commissioner to direct the officer in\ncharge to conduct the investigation in the way stated in the notice.\n(4) The Commissioner must:\n(a) if the Commissioner agrees to the request – direct the officer\nin charge to conduct the investigation in the stated way; or\n(b) otherwise – give written notice to the Ombudsman of the\ndisagreement and the reasons for it.\n(5) Subject to subsection (6), the officer in charge must conduct the\ninvestigation in the way stated in the direction under\nsubsection (4)(a).\n(6) On receiving a notice under subsection (4)(b), the Ombudsman\nmay decide, under section 66, to deal with the complaint in another\nway.\n(7) In this section:\nofficer in charge means the officer in charge of the Professional\nStandards Command.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Ombudsman to oversee police complaints resolution process","content":"85 Ombudsman to oversee police complaints resolution process\nand investigation\n(1) The Ombudsman may:\n(a) require the Commissioner to:\n(i) give information to the Ombudsman about the progress\nof the police complaints resolution process or\ninvestigation of a police complaint; or\n\nOmbudsman Act 2009 38\n(ii) arrange for the Ombudsman to inspect any document in\nthe possession or under the control of a Professional\nStandards Command member that is relevant to a police\n(iii) arrange for the Ombudsman to interview a person about\na police complaint; or\n(b) discuss a police complaint or any aspect of it with the\ncomplainant.\n(2) The Commissioner must ensure a requirement under\nsubsection (1)(a) is complied with without unreasonable delay.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"When complaint may be investigated by Ombudsman","content":"86 When complaint may be investigated by Ombudsman\n(1) The Ombudsman may decide a police complaint should be\ninvestigated by the Ombudsman if satisfied it:\n(a) concerns conduct of a police officer holding a rank equal or\nsenior to the rank held by the officer in charge of the\nProfessional Standards Command; or\n(b) concerns conduct of a Professional Standards Command\nmember; or\n(c) is in substance about the practices, procedures or policies of\nthe Police Force; or\n(d) should for another reason be investigated by the Ombudsman.\n(2) In addition, the Ombudsman may decide a police complaint should\nbe investigated by the Ombudsman if:\n(a) under section 107, the Ombudsman:\n(i) deferred a decision on the complaint pending completion\nof a proceeding or disciplinary procedures; or\n(ii) discontinued an investigation of the complaint pending\ncompletion of a proceeding or disciplinary procedures;\nand\n(b) on completion of the proceeding or disciplinary procedures,\nthe Ombudsman considers an aspect of the complaint should\nbe investigated.\n\nOmbudsman Act 2009 39\n(3) Also, the Ombudsman may decide:\n(a) a police complaint should be investigated by the Ombudsman\nin conjunction with a Professional Standards Command\nmember; or\n(b) a police complaint should not be investigated by a\nProfessional Standards Command member.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Application of Subdivision","content":"87 Application of Subdivision\n(1) This Subdivision applies if:\n(a) under section 86, the Ombudsman decides to investigate a\npolice complaint; or\n(b) a parliamentary reference is made for the investigation of\nconduct of a police officer.\n(2) This Subdivision also applies to the investigation of conduct of a\npolice officer on the Ombudsman's own initiative.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Conduct of investigation","content":"88 Conduct of investigation\nThe Ombudsman must complete the investigation as soon as\npracticable after:\n(a) deciding to conduct the investigation; or\n(b) the parliamentary reference is made.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Procedures and powers","content":"89 Procedures and powers\n(1) Part 6, Division 4, other than sections 48, 50 and 55, applies (with\nthe necessary changes) for conducting the investigation.\n(2) Without limiting subsection (1), section 54(d) applies as if the\nreference to an officer of a public authority were a reference to a\n(3) In addition, if notice is given under section 52 or 53 to a police\nofficer whose conduct is under investigation on a police complaint,\nthe notice must inform the officer that:\n(a) a complaint has been made about the officer's conduct and\nthe nature of the complaint; and\n(b) an investigation is being conducted into it.\n\n","sortOrder":89},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Investigations if Commissioner reports to parties","content":"Subdivision 1 Investigations if Commissioner reports to parties\nOmbudsman Act 2009 40\n(4) However, subsection (3) does not apply if the Ombudsman is\nsatisfied informing the police officer may prejudice the conduct of\nthe investigation.\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Ombudsman may investigate consequential action","content":"90 Ombudsman may investigate consequential action\nIf the Ombudsman investigates a police complaint under this\nSubdivision, the Ombudsman may also investigate any conduct of a\npolice officer taken in consequence of the complaint as if a\ncomplaint were made to the Ombudsman for the conduct.\nSubdivision 1 Investigations if Commissioner reports to parties\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Application of Subdivision","content":"91 Application of Subdivision\nThis Subdivision applies if:\n(a) the investigation of a police complaint was conducted by a\nProfessional Standards Command member under Division 4,\nSubdivision 2; and\n(b) under the police complaints agreement, a Professional\nStandards Command report of the investigation is required\nunder this Subdivision for the complaint.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Report of investigation by Professional Standards Command","content":"92 Report of investigation by Professional Standards Command\nmember\n(1) The officer in charge of the Professional Standards Command must\ngive the Commissioner a written report of the investigation.\n(2) The report must include an assessment of the conduct the subject\nof the police complaint.\n(3) Without limiting subsection (2), the report may include an\nassessment about any of the matters mentioned in section 101(1).\n(4) In addition, the report may make a recommendation that may be\nmade in a report under section 101(3).\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Commissioner to release report and comments","content":"93 Commissioner to release report and comments\n(1) The Commissioner must give the Ombudsman:\n(a) a copy of the Professional Standards Command report; and\n\n","sortOrder":94},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Investigations if Commissioner reports to Ombudsman","content":"Subdivision 2 Investigations if Commissioner reports to Ombudsman\nOmbudsman Act 2009 41\n(b) the Commissioner's assessment of the conduct the subject of\nthe police complaint together with any other comments the\nCommissioner considers appropriate to make in relation to the\n(2) In addition, the Commissioner must, at the time and in the way the\nCommissioner considers appropriate, inform the following persons\nof the outcome of the investigation:\n(a) the complainant;\n(b) if the complaint is made about a particular police officer – the\n(3) When giving information under subsection (2), the Commissioner\nmay make the comments in relation to the investigation that the\nCommissioner considers appropriate.\n(4) Despite subsections (1) and (2), if the Commissioner directs further\ninvestigation be conducted by a Professional Standards Command\nmember, the Commissioner does not have to comply with the\nsubsections until the further investigation is completed.\nSubdivision 2 Investigations if Commissioner reports to\nOmbudsman\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Application of Subdivision","content":"94 Application of Subdivision\nThis Subdivision applies if:\n(a) the investigation of a police complaint was conducted by a\nProfessional Standards Command member under Division 4,\nSubdivision 2; and\n(b) under the police complaints agreement, a Professional\nStandards Command report of the investigation is required\nunder this Subdivision for the complaint.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Report of investigation by Professional Standards Command","content":"95 Report of investigation by Professional Standards Command\nmember\nThe officer in charge of the Professional Standards Command must\ngive the Commissioner a written report of the investigation.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Commissioner to give report and comments to Ombudsman","content":"96 Commissioner to give report and comments to Ombudsman\n(1) The Commissioner must give the Ombudsman:\n(a) a copy of the Professional Standards Command report; and\n\nOmbudsman Act 2009 42\n(b) the Commissioner's assessment of the conduct the subject of\nthe complaint, together with any other comments the\nCommissioner considers appropriate to make in relation to the\n(2) However, if the Commissioner directs further investigation be\nconducted by a Professional Standards Command member, the\nCommissioner does not have to comply with subsection (1) until the\nfurther investigation is completed.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Ombudsman's assessment and recommendations on","content":"97 Ombudsman's assessment and recommendations on\ninvestigation\n(1) On receipt of the Professional Standards Command report and any\ncomments of the Commissioner, the Ombudsman must:\n(a) consider the Professional Standards Command report and\ncomments; and\n(b) give a written report to the Commissioner of the\nOmbudsman's assessment of the Professional Standards\nCommand report.\n(2) Section 101 applies to the Ombudsman's report.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Application of Subdivision","content":"98 Application of Subdivision\nThis Subdivision applies to the investigation of police conduct by\nthe Ombudsman under Division 5, Subdivision 2.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Ombudsman to report on investigation","content":"99 Ombudsman to report on investigation\n(1) On completion of the investigation, the Ombudsman must give the\nCommissioner a written report of the investigation.\n(2) Section 101 applies to the report.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Report containing adverse comment","content":"100 Report containing adverse comment\n(1) This section applies if, on the investigation, the Ombudsman\nproposes to make an adverse comment in the report about the\nCommissioner, the Police Force, the Police Civil Employment Unit,\na police officer or another person.\n(2) The Ombudsman must not make the proposed comment unless,\nbefore the report on the investigation is finalised, the Ombudsman\ngives the Commissioner, police officer or other person a reasonable\nopportunity to make a submission about the report.\n\nOmbudsman Act 2009 43\n(3) If any person makes a submission and the Ombudsman still\nproposes to make an adverse comment about the matter dealt with\nby the submission, the Ombudsman must ensure the person's\nsubmission is taken into account and fairly represented in finalising\nthe report.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Assessments and recommendations","content":"101 Assessments and recommendations\n(1) For preparing a report for section 97(1) or 99(1), the Ombudsman\nmust:\n(a) consider whether the following apply:\n(i) conduct of a police officer constituted an offence or\nbreach of discipline or was contrary to law;\n(ii) conduct of a police officer was unreasonable, unjust,\noppressive or improperly discriminatory;\n(iii) conduct of a police officer was in accordance with an Act\nor a practice, procedure or policy that is or may be\nunreasonable, unjust, oppressive or improperly\n(iv) conduct of a police officer was based either wholly or\npartly on a mistake of law or of fact;\n(v) conduct of a police officer was otherwise wrong in the\ncircumstances; and\n(b) consider whether a police officer exercised a power for an\nimproper purpose or on irrelevant grounds; and\n(c) if the investigation relates to conduct comprising or including a\ndecision by a police officer to exercise a power in a particular\nway or to refuse to exercise a power, consider whether the\nfollowing apply:\n(i) irrelevant considerations were taken into account in the\ncourse of reaching the decision to exercise the power in\nthat way or to refuse to exercise the power;\n(ii) a person was entitled at law to have been given, but was\nnot given, the reasons for deciding to exercise the power\nin that way or to refuse to exercise the power.\n(2) The report may include the Ombudsman's assessment about a\nmatter mentioned in subsection (1).\n\n","sortOrder":103},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Other provisions relating to reports, assessments and recommendations","content":"Subdivision 5 Other provisions relating to reports, assessments and recommendations\nOmbudsman Act 2009 44\n(3) The Ombudsman may, in the report, recommend:\n(a) stated action should be taken in relation to the conduct the\nsubject of the investigation; or\n(b) no action should be taken in relation to the conduct the subject\nof the investigation.\n(4) Without limiting subsection (3), the Ombudsman may recommend 1\nor more of the following actions be taken:\n(a) a police officer be charged with an offence;\n(b) disciplinary action be taken against a police officer for a\nbreach of discipline;\n(c) conciliation in relation to the conduct the subject of the\ninvestigation be conducted;\n(d) a decision be reconsidered, varied or reversed or reasons be\ngiven for a decision;\n(e) the effects of a decision, act or omission be rectified, mitigated\nor altered;\n(f) an Act, practice, procedure or policy on which a decision, act\nor omission was based be amended.\nSubdivision 5 Other provisions relating to reports, assessments\nand recommendations\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Application of Subdivision","content":"102 Application of Subdivision\nThis Subdivision applies if the Ombudsman gives the\nCommissioner a report under section 97(1)(b) or 99(1) for an\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Consideration of Ombudsman's report","content":"103 Consideration of Ombudsman's report\n(1) The Commissioner must:\n(a) consider the Ombudsman's assessment and\nrecommendations in the report; and\n(b) give written notice to the Ombudsman of:\n(i) if the Commissioner agrees with the assessment and\nrecommendations – the agreement; or\n\nSubdivision 5 Other provisions relating to reports, assessments and recommendations\nOmbudsman Act 2009 45\n(ii) if the Commissioner does not agree with the assessment\nor a recommendation – the disagreement and the\nreasons for it.\n(2) On receipt of a notice under subsection (1)(b)(ii), the Ombudsman\nmust, after considering the Commissioner's reasons, by written\nnotice given to the Commissioner:\n(a) confirm or vary the assessment or recommendation; or\n(b) substitute a new assessment or recommendation.\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Action on Ombudsman's report","content":"104 Action on Ombudsman's report\n(1) The Commissioner may:\n(a) take the steps necessary to give effect to the Ombudsman's\nrecommendations:\n(i) as agreed to by the Commissioner; or\n(ii) as confirmed, varied or substituted by the Ombudsman;\nand\n(b) give written notice to the Ombudsman of the steps taken.\n(2) However, if the Commissioner does not take the steps necessary to\ngive effect to the Ombudsman's recommendations, the\nCommissioner must give written notice to the Ombudsman of the\nreasons for not taking the steps.\n(3) On receipt of the notice, the Ombudsman may:\n(a) give the Police Minister a copy of the Ombudsman's report\n(the original report) together with a copy of the notice; and\n(b) give the Police Minister for tabling in the Legislative Assembly\nanother report that deals, to the extent the Ombudsman\nconsiders appropriate, with the original report.\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"Ombudsman to inform complainant and police officer of action","content":"105 Ombudsman to inform complainant and police officer of action\ntaken\n(1) This section applies only to the investigation of a police complaint.\n(2) The Ombudsman must, at the time and in the way the Ombudsman\nconsiders appropriate, inform the following persons of the outcome\nof the investigation:\n(a) the complainant;\n\nOmbudsman Act 2009 46\n(b) if the police complaint is made about a particular police\nofficer – the officer.\n(3) In addition, if the Ombudsman takes action under section 104(3),\nthe Ombudsman must inform the complainant accordingly.\n(4) When giving information under this section, the Ombudsman may\nmake the comments the Ombudsman considers appropriate.\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Commissioner to notify Ombudsman of proceedings taken","content":"106 Commissioner to notify Ombudsman of proceedings taken\n(1) This section applies if, in consequence of the conduct of a police\ncomplaints resolution process or investigation of police conduct:\n(a) a police officer is charged with an offence; or\n(b) disciplinary procedures, or other steps the Commissioner\nconsiders necessary as mentioned in section 104(1)(a), are\ntaken.\n(2) The Commissioner must give written notice to the Ombudsman of:\n(a) the laying of the charge or the action taken; and\n(b) if the police officer is charged with an offence or disciplinary\nprocedures are started against the officer – the final outcome\nof the proceeding for the charge or disciplinary procedures.\n(3) The Ombudsman must not disclose the final outcome of the\ndisciplinary procedures to the complainant or anyone else without\nthe consent of the Commissioner.\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Deferral and discontinuing of dealing with complaint","content":"107 Deferral and discontinuing of dealing with complaint\n(1) This section applies if the Ombudsman is satisfied:\n(a) a proceeding before a court or tribunal has been or is to be\nstarted in relation to the conduct the subject of a police\n(b) disciplinary procedures against a police officer whose conduct\nis the subject of a police complaint have been or are to be\nstarted in relation to the conduct.\n(2) The Ombudsman may defer a decision on how to deal with, or to\ndecline to deal with, a police complaint under this Part pending\ncompletion of the proceeding or disciplinary procedures.\n\nOmbudsman Act 2009 47\n(3) In addition, if an investigation of the police complaint (whether by a\nProfessional Standards Command member or the Ombudsman) is\nbeing conducted, the Ombudsman may decide to discontinue the\ninvestigation pending completion of the proceeding or disciplinary\nprocedures.\n(4) This section has effect despite another provision of this Part.\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Ombudsman may require further action","content":"108 Ombudsman may require further action\n(1) If, on receipt of a report of the police complaints resolution process\nor investigation of a police complaint by a member of the\nProfessional Standards Command, the Ombudsman considers the\ncomplaint has not been adequately dealt with, the Ombudsman\nmay:\n(a) refer the complaint to the Commissioner for further\n(b) make a decision under section 66 to deal with the complaint in\nanother way.\n(2) If the complaint is referred to the Commissioner under\nsubsection (1)(a), the Commissioner must refer the complaint to the\nofficer in charge of the Professional Standards Command for further\n(3) This section applies despite section 97.\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Complainant may ask for investigation to be conducted","content":"109 Complainant may ask for investigation to be conducted\n(1) A complainant may, during the conduct of the police complaints\nresolution process or investigation of a police complaint by a\nmember of the Professional Standards Command or after the\nprocess or investigation is completed, ask the Ombudsman to\ndecide:\n(a) for the conduct of the police complaints resolution process for\nthe complaint – that the complaint be investigated by:\n(i) a Professional Standards Command member under\nDivision 4, Subdivision 2; or\n(ii) the Ombudsman under Division 5, Subdivision 2; or\n(b) for the investigation of the complaint under Division 4,\nSubdivision 2 – that the complaint be investigated by the\nOmbudsman under Division 5, Subdivision 2.\n\nOmbudsman Act 2009 48\n(2) The Ombudsman must decide the request as soon as practicable\nafter it is made.\n(3) However, the Ombudsman must refuse the request if satisfied the\nissues raised in the complaint are being, or have been, adequately\ndealt with in the process or investigation.\n(4) If the Ombudsman refuses the request and the process or\ninvestigation has not been completed, the process or investigation\nmust continue.\n(5) If the Ombudsman agrees to the request:\n(a) section 66 and the other provisions of this Part (other than this\nDivision) apply as if the complaint were made to the\nOmbudsman; and\n(b) if the process or investigation has not been completed – the\nprocess or investigation ends.\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Revocation or variation of decision, assessment or","content":"110 Revocation or variation of decision, assessment or\nrecommendation\n(1) The Ombudsman may revoke or vary a decision, assessment or\nrecommendation made under this Part by the Ombudsman in\nrelation to a police complaint if satisfied:\n(a) information has not been properly taken into account in\nmaking the decision, assessment or recommendation; or\n(b) significant new information is obtained relating to the\ncomplaint requiring a reconsideration of the decision,\nassessment or recommendation.\n(2) The power under subsection (1) must be exercised in the same\nway, and subject to the same conditions, as the power to make the\ndecision, assessment or recommendation.\n(3) On the revocation or variation, this Act applies as if the decision,\nassessment or recommendation had not been made or had been\nmade as varied.\n(4) Anything done in accordance with the decision, assessment or\nrecommendation before the revocation or variation is not unlawful\nmerely because of the revocation or variation.\n(5) This section does not limit section 43 of the Interpretation Act 1978.\n\nOmbudsman Act 2009 49\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Parties to complaint to be informed of decision","content":"111 Parties to complaint to be informed of decision\n(1) The Ombudsman must, in the way the Ombudsman considers\nappropriate, inform the parties to a police complaint of a decision\nmade under this Part and the reasons for it.\n(2) Subsection (1) has effect subject to a contrary intention.\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Commissioner may refer police conduct to Ombudsman","content":"112 Commissioner may refer police conduct to Ombudsman\n(1) The Commissioner may refer conduct of a police officer to the\nOmbudsman.\n(2) The following provisions apply to the referral as if a complaint had\nbeen made by the Commissioner to the Ombudsman about the\nconduct:\n(a) Division 3;\n(b) Division 5, Subdivision 2;\n(c) Division 6, Subdivisions 3, 4 and 5;\n(d) Division 7;\n(e) the other provisions of this Division.\n(3) However, section 47 (as applied by section 89) does not apply to\nthe complaint.\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Commissioner may request non-disclosure of information","content":"113 Commissioner may request non-disclosure of information\n(1) The Commissioner may, by written notice, ask the Ombudsman not\nto disclose stated information to a party to a police complaint or in a\nreport prepared under this Part.\n(2) The notice must state the reasons for the request.\n(3) The Ombudsman must consider the request and refuse it or agree\nto it.\n(4) The Ombudsman must give the Commissioner written notice of the\n\nOmbudsman Act 2009 50\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Restricted use of certain information","content":"114 Restricted use of certain information\n(1) Evidence of anything said or admitted during a conciliation process\nconducted under Division 3 or the police complaints resolution\nprocess and any document prepared for the conciliation process or\npolice complaints resolution process:\n(a) cannot be used in any later investigation of the complaint\nunless the person who said or admitted the thing, or to whom\nthe document relates, consents to its use; and\n(b) is not admissible in disciplinary procedures or any proceeding\nin a court or tribunal.\n(2) However, the information or document may be used for the\nprosecution of a person for an offence against this Act.\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Consultation","content":"115 Consultation\n(1) In conducting an investigation of police conduct, the Ombudsman\nmust consult with the Police Minister if asked to do so by the Police\nMinister.\n(2) In addition, for achieving the objects of this Act relating to the\nconduct of police officers, the Ombudsman may consult with the\nCommissioner or officer in charge of the Professional Standards\nCommand about dealing with a police complaint or police\ncomplaints generally:\n(a) at any time on the Ombudsman's own initiative; or\n(b) at the request of the Commissioner or officer in charge.\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Register of police complaints","content":"116 Register of police complaints\n(1) The Ombudsman must keep a register of police complaints.\n(2) The register may be in any form, including an electronic form.\n(3) For each complaint, the register must contain:\n(a) particulars of a decision made about how to deal with it, or to\ndecline to deal with it, under this Part; and\n(b) particulars of a decision made under section 108(1)(a) for it;\nand\n(c) particulars of the conduct of the police complaints resolution\nprocess or investigation for it; and\n(d) particulars prescribed by regulation.\n\nOmbudsman Act 2009 51\n(4) On the application of a party to a complaint, the Ombudsman may\ngive the applicant an extract of particulars mentioned in\nsubsection (3) for the complaint if the Ombudsman is satisfied it is\nappropriate to do so.\n(5) A fee is not payable for the extract.\n(6) If the Ombudsman refuses to give particulars to the applicant, the\nOmbudsman must inform the applicant of the reasons for the\nrefusal.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Information disclosure and privilege","content":"117 Information disclosure and privilege\n(1) An obligation to maintain secrecy or other restriction on the\ndisclosure of information obtained by or given to officers of a public\nauthority, whether imposed by any law of the Territory or otherwise,\ndoes not apply to the disclosure of information for preliminary\ninquiries or an investigation.\n(2) In the making of preliminary inquiries or conduct of an investigation,\nthe Territory or a public authority is not entitled to any privilege that\nwould apply in a legal proceeding to the production of documents,\nor the giving of evidence, for the inquiries or investigation.\n(3) Subsections (1) and (2) have effect subject to:\n(a) section 118; and\n(b) section 38 of the Northern Territory Aboriginal Sacred Sites\nAct 1989.\n(4) Subject to this Part, an individual has, for the giving of information\nand the production of documents or other things for preliminary\ninquiries or an investigation, equivalent privileges to the privileges\nthe person would have as a witness in a proceeding in a court.\n\nOmbudsman Act 2009 52\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Disclosure of particular matters not required","content":"118 Disclosure of particular matters not required\n(1) Subsection (3) applies if the Administrator certifies the giving of\nstated information, answering of a stated question or production of\na stated document or thing would be contrary to the public interest\nbecause it would involve:\n(a) the disclosure of communications between:\n(i) the Executive Council or a member of the Executive\nCouncil and the Administrator; or\n(ii) a minister, a Commonwealth minister and a minister of a\nState; or\n(iii) a Commonwealth minister and a minister of a State; or\n(b) the disclosure of deliberations or a decision of:\n(i) the Executive Council or a committee of the Executive\nCouncil; or\n(ii) a committee of the Legislative Assembly formed to\nadvise the Administrator or a minister; or\n(iii) the Cabinet of the Commonwealth or of the Territory, or\na committee of either of those Cabinet.\n(2) In addition, subsection (3) applies if the Director of Public\nProsecutions certifies the giving of stated information, answering of\na stated question or production of a stated document or thing,\nwould prejudice the investigation or detection of an offence against\na law of the Territory.\n(3) The Ombudsman must not require a person to:\n(a) give the stated information; or\n(b) answer the stated question; or\n(c) produce the stated document or thing.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Non-compellable witnesses","content":"119 Non-compellable witnesses\n(1) A person who acts, or has acted, in an official capacity under this\nAct must not be called to give evidence in any civil, criminal or\ndisciplinary proceeding about any matter coming to the person's\nknowledge while acting in that capacity.\n(2) However, subsection (1) does not apply to a proceeding mentioned\nin section 120(3)(c).\n\nOmbudsman Act 2009 53\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Confidentiality of information","content":"120 Confidentiality of information\n(1) This section applies to a person who obtains information in the\ncourse of or for:\n(a) the making of preliminary inquiries; or\n(b) the conduct of conciliation or mediation of a complaint; or\n(c) the conduct of the police complaints resolution process; or\n(d) the conduct of an investigation.\n(2) The person must not disclose the information to anyone else.\nFault element: Recklessness as to the disclosure of the\n(3) Subsection (2) does not apply if:\n(a) the information is disclosed for:\n(i) the exercise of a power or performance of a function\nunder this Act; or\n(ii) formulating a report, or recommendations for a report,\nunder this Act; or\n(b) the information is disclosed in:\n(i) a report under this Act; or\n(ii) an agreement for the resolution of a complaint that,\nunder section 44(5), is binding on the parties to the\n(c) the information is disclosed for:\n(i) a proceeding under section 20; or\n(ii) a proceeding for an offence against this Act; or\n(iii) a proceeding for another offence, or breach of discipline,\nconstituted by the action or conduct the subject of a\n\nOmbudsman Act 2009 54\n(d) the information is disclosed to the Ombudsman of the\nCommonwealth or a State for exercising a power or\nperforming a function:\n(i) under a law of the Territory, the Commonwealth or a\nState; or\n(ii) under an arrangement made under section 148; or\n(e) the information is disclosed in consulting a legal practitioner\nor, with the Ombudsman's consent, someone else.\n(4) The person must not make improper use of the information.\nFault element: Intentionally making improper use of the\n(5) In this section:\nimproper use, by a person of information, means the person uses\nthe information to gain some private benefit or to benefit or cause\nharm to someone else.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Direction not to disclose information","content":"121 Direction not to disclose information\n(1) The Ombudsman may, by written notice, direct a person not to\ndisclose:\n(a) information given to the person by the Ombudsman other than\nfor the preliminary inquiries or investigation to which the\ninformation relates; or\n(b) that preliminary inquiries are being or have been made or an\ninvestigation is being or has been conducted; or\n(c) that the person has, under section 52, 53 or 83, been\nrequested or required to give information or a document or\nthing.\n(2) The person must comply with the notice.\n\nOmbudsman Act 2009 55\n(3) Subsection (2) does not apply if the disclosure is made in\nconsulting a legal practitioner or, with the Ombudsman's consent,\nsomeone else for the preliminary inquiries or investigation to which\nthe notice relates.\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Person consulted not to disclose information","content":"122 Person consulted not to disclose information\n(1) This section applies if:\n(a) a person (the consultant) obtains information as a result of a\nconsultation under section 120(3)(e) or 121(3); and\n(b) the person who disclosed the information to the consultant is\n(apart from that provision) prohibited from disclosing the\n(2) The consultant must not disclose the information to anyone else.\n(a) knows of the confidential nature of the information; and\n(b) is reckless as to the disclosure of the information.\n(3) The consultant must not make improper use of the information.\n(a) knows of the confidential nature of the information; and\n(b) intentionally makes improper use of the information.\nimproper use, by a person of information, means the person uses\nthe information to gain some private benefit or to benefit or cause\nharm to someone else.\n\nOmbudsman Act 2009 56\nDivision 2 Other offences, disciplinary provisions and related\nmatters\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Misleading information or document","content":"123 Misleading information or document\n(1) A person must not give misleading information to a person acting in\nan official capacity.\nThe person knows:\n(a) the information is misleading; and\n(b) the other person is acting in an official capacity.\n(2) A person must not give a document containing misleading\ninformation to a person acting in an official capacity.\nThe person knows:\n(a) the document contains misleading information; and\n(b) the other person is acting in an official capacity.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the other person the information necessary to correct\nthe document.\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes misinformation.\n\nOmbudsman Act 2009 57\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Preventing or obstructing making of complaint","content":"124 Preventing or obstructing making of complaint\nA person must not:\n(a) prevent someone from making a complaint; or\n(b) obstruct someone in making a complaint.\nFault element: Intention.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Offence to commit act of reprisal","content":"125 Offence to commit act of reprisal\n(1) A person commits an act of reprisal against another if the person\ncauses, or threaten to cause, harm to another for a prohibited\nreason, that is because:\n(a) the other person or a third person:\n(i) has made or intends to make a complaint; or\n(ii) has cooperated or intends to cooperate with a person\nacting in an official capacity under this Act; and\n(b) the person wants to obtain retribution for the complaint or\ncooperation or, in the case of intended complaint or\ncooperation, to discourage it.\nExamples of cooperation\nAnswering questions, producing documents or providing information in any other\nform.\n(2) A person must not commit an act of reprisal against another.\n(a) knows or believes a person has acted, or intends to act, as\ndescribed in subsection (1)(a); and\n(b) intends to discourage, or obtain retribution for, that act or\nintended act.\n\nOmbudsman Act 2009 58\n(3) It is a defence to a charge of an offence against subsection (2) for\nthe defendant to prove the prohibited reason was not a substantial\nreason for the conduct on which the charge is based.\n(4) A prosecution for an offence against subsection (2) must be started\nwithin 2 years after the offence is alleged to have been committed.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Failure to comply with particular notices","content":"126 Failure to comply with particular notices\n(1) This section applies if the Ombudsman gives a person a notice\nunder section 52 or 53.\n(2) The person must comply with the notice.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse\nunder subsection (5).\n(4) It is not a reasonable excuse for the person to fail to comply with\nthe notice on the ground that complying with it:\n(a) would be contrary to the public interest or would contravene\nanother Act; or\n(b) would disclose legal advice given to a minister or the Police\nForce; or\n(c) if the person is a police officer – might tend to show the officer\nhas committed a breach of discipline.\n(5) However, it is a reasonable excuse for the person to refuse to\ncomply with the notice if:\n(a) the notice requires the person to give information or a\ndocument that is not relevant to the investigation to which the\nnotice relates, including for example, disclosing legal advice\nthat is not relevant to the investigation; or\n(b) for an individual including a police officer – complying with the\nnotice might tend to incriminate the individual.\n(6) If compliance with the notice would (apart from this subsection) be\na contravention of another Act, the person is not liable to a penalty\nunder the Act merely because the person complied with the notice.\n\nOmbudsman Act 2009 59\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Refusal to take oath","content":"127 Refusal to take oath\nA person commits an offence if:\n(a) at the hearing for an investigation the Ombudsman requires a\nperson to take an oath; and\n(b) the person refuses to comply with the requirement.\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"Failure to comply with requirement to help Ombudsman","content":"128 Failure to comply with requirement to help Ombudsman\n(1) This section applies to the following persons:\n(a) an officer of a public authority who is required under\nsection 54(d) to give the Ombudsman help;\n(b) a police officer or public sector employee who is required\nunder section 54(d) (as applied by section 89) to give the\nOmbudsman help.\n(2) The person must comply with the requirement.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Obstruction of persons acting in official capacity","content":"129 Obstruction of persons acting in official capacity\n(1) A person must not obstruct another person acting in an official\ncapacity.\n(a) knows the other person is acting in an official capacity; and\n(b) intentionally obstructs the other person.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n\nOmbudsman Act 2009 60\nDivision 3 Legal proceedings for offences\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Evidentiary certificates","content":"130 Evidentiary certificates\n(1) In a proceeding under this Act, a certificate purporting to be signed\nby the Ombudsman stating any of the following matters is evidence\nof the matter stated:\n(a) on a date a person was given a notice under this Act;\n(b) a document is a copy of, or part of, another document.\n(2) In subsection (1), a reference to a person or thing is a reference to\na person or thing stated in the certificate.\n","sortOrder":133},{"sectionNumber":"Div 1","sectionType":"division","heading":"Matters relating to Ombudsman and Ombudsman's","content":"Division 1 Matters relating to Ombudsman and Ombudsman's\nOffice\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Ombudsman","content":"132 Ombudsman\n(1) The Administrator must appoint a person to be the Ombudsman.\n(2) The appointment may be made only after receiving a\nrecommendation of the Legislative Assembly.\n(3) The Minister must table a copy of the appointment in the Legislative\nAssembly within 6 sitting days after it is made.\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Eligibility for appointment","content":"133 Eligibility for appointment\n(1) A person is an eligible person for appointment as the Ombudsman\nif:\n(a) the person has suitable qualifications or experience relating to\nthe Ombudsman's functions; and\n(b) the person is committed to the purposes of this Act and its\nunderlying principles; and\n(c) the person is not any of the following:\n(i) a judicial officer;\n(ii) a member of an Australian parliament;\n\nOmbudsman Act 2009 61\n(iii) a member of a local government council or of an\nequivalent body in a State or another Territory;\n(iv) a member of a political party; and\n(d) the person does not have a recent political affiliation.\n(2) For subsection (1)(d), a person has a recent political affiliation if, at\nany time during the previous 5 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n(b) was an office holder or elected representative of a political\nparty in the Territory or elsewhere in Australia; or\n(c) was a member of staff of a minister; or\n(d) made a reportable donation to a political party, or an\nassociated entity of a political party, in the Territory or\nelsewhere in Australia.\n(3) For subsection (2)(d), a person made a reportable donation if it was\nmade by the person or by a body corporate of which the person\nwas an office holder or majority shareholder at the time the\ndonation was made.\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 of the Electoral Act 2004 or\nunder a similar law in force in the Commonwealth or in a State or\nanother Territory.\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Term of appointment","content":"134 Term of appointment\n(1) The appointment of a person as the Ombudsman is for a period of\n5 years.\n(2) A person who is the Ombudsman may be reappointed, if still\neligible, for one further period of 5 years.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Conditions of appointment","content":"135 Conditions of appointment\n(1) The Ombudsman holds office on the conditions (including\nconditions about remuneration, expenses and allowances)\ndetermined by the Administrator from time to time.\n(2) However, the conditions must not be altered to the Ombudsman's\ndetriment during his or her term of office.\n\nOmbudsman Act 2009 62\n(3) The Minister must table a copy of a determination made under\nsubsection (1) in the Legislative Assembly within 6 sitting days after\nit is made.\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Restriction on outside employment","content":"136 Restriction on outside employment\nThe Ombudsman must not, without the Minister's written consent,\nengage in any remunerative employment outside the duties of\noffice.\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Leave of absence","content":"137 Leave of absence\nThe Minister may grant the Ombudsman leave of absence on the\nconditions decided by the Minister.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Resignation","content":"138 Resignation\nThe Ombudsman may resign office by written notice given to the\nAdministrator.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Retirement","content":"139 Retirement\nThe Minister may, with the Ombudsman's consent, retire the\nOmbudsman on the ground of incapacity.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Termination of appointment by Administrator","content":"140 Termination of appointment by Administrator\n(1) The Administrator must terminate the appointment of the\nOmbudsman if the Ombudsman:\n(a) is found guilty of an indictable offence, whether in the Territory\nor elsewhere; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of remuneration for their\nbenefit; or\n(c) engages in remunerative employment outside the duties of\noffice without the Minister's approval.\n(2) The Minister must table a statement of the reasons for the\ntermination in the Legislative Assembly within 6 sitting days after\nthe termination.\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Termination of appointment by Legislative Assembly after","content":"141 Termination of appointment by Legislative Assembly after\nsuspension\n(1) The Administrator may suspend the Ombudsman from duty for:\n(a) misbehaviour or misconduct; or\n\nOmbudsman Act 2009 63\n(b) physical or mental incapacity if the incapacity prevents the\nOmbudsman from performing the duties of office.\n(2) The Minister must immediately give the Ombudsman a statement of\nreasons for the suspension.\n(3) Within 6 sitting days after the suspension, the Minister must table in\nthe Legislative Assembly the statement and any written response\nby the Ombudsman.\n(4) If, within 6 sitting days after the statement is presented, a resolution\nof the Legislative Assembly is passed by a two-thirds majority of all\nof the Assembly requiring the Administrator to terminate the\nOmbudsman's appointment, the Administrator must terminate the\nOmbudsman's appointment.\n(5) The Ombudsman must resume duties if:\n(a) the Minister does not present the statement under\nsubsection (3); or\n(b) the Legislative Assembly does not pass a resolution in\naccordance with subsection (4).\n(6) The Ombudsman is entitled to be paid remuneration and\nallowances during the period of suspension.\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Appointment ceases on becoming candidate for election","content":"142 Appointment ceases on becoming candidate for election\nThe appointment of a person as the Ombudsman ceases on the\nperson becoming a candidate for election as:\n(a) a member of the Legislative Assembly or of the Parliament of\nthe Commonwealth or a State or Territory; or\n(b) a member of a local government council or an equivalent\noffice in the Commonwealth or a State or Territory.\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"Acting Ombudsman","content":"143 Acting Ombudsman\n(1) The Minister may appoint a person to act in the office of the\nOmbudsman:\n(a) during a vacancy, or all vacancies, in the office whether or not\nan appointment has previously been made to the office; or\n(b) during any period, or all periods, when the Ombudsman is\nunable to perform the duties of the office.\n\nOmbudsman Act 2009 64\n(3) The conditions (including conditions about remuneration, expenses\nand allowances) of an appointment to act as Ombudsman must be\ndecided by the Minister.\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Oath before taking office","content":"144 Oath before taking office\n(1) Before performing any functions as Ombudsman, the Ombudsman\nmust take an oath that the Ombudsman will faithfully, impartially\nand truly perform the functions of the Ombudsman according to\nlaw.\n(2) Before performing any functions as Acting Ombudsman, an Acting\nOmbudsman must take an oath that the Acting Ombudsman will\nfaithfully, impartially and truly perform the functions for which the\nActing Ombudsman is appointed, according to law.\n(3) The oath must be administered:\n(a) for the Ombudsman – by the Administrator; or\n(b) for an Acting Ombudsman – by the Administrator or the\nMinister.\nSubdivision 2 Officers of Ombudsman's Office\n","sortOrder":147},{"sectionNumber":"145","sectionType":"section","heading":"Status","content":"145 Status\nAn officer of the Ombudsman's Office must be a public sector\nemployee.\n","sortOrder":148},{"sectionNumber":"146","sectionType":"section","heading":"Officers not subject to outside direction","content":"146 Officers not subject to outside direction\nAn officer of the Ombudsman's Office is subject to direction only by\nthe Ombudsman or another officer about the way the\nOmbudsman's powers or functions are exercised or performed in\nrelation to complaints and investigations, including the priority given\nto investigations.\n","sortOrder":149},{"sectionNumber":"147","sectionType":"section","heading":"Delegation","content":"147 Delegation\nThe Ombudsman may, in writing, delegate to a person any of the\nOmbudsman's powers or functions under this or another Act other\nthan a power under section 55 or 148.\n\nOmbudsman Act 2009 65\n","sortOrder":150},{"sectionNumber":"148","sectionType":"section","heading":"Arrangements with other jurisdictions","content":"148 Arrangements with other jurisdictions\n(1) The Ombudsman may make a written arrangement with the\nOmbudsman of the Commonwealth or a State, or 2 or more of\nthem, in relation to the investigation by 1 or more of them of action\nthat relates to a matter of administration mentioned in any of the\nfollowing paragraphs:\n(a) action taken by or for a public authority and action taken by or\nfor a Commonwealth or State department or authority;\n(b) action taken by or for an entity established or administered\njointly by or for:\n(i) the Territory and the Commonwealth; or\n(ii) the Territory and 1 or more States; or\n(iii) the Territory, the Commonwealth and 1 or more States;\n(c) action taken by or for an entity mentioned in paragraph (b) and\naction taken by or for:\n(i) a public authority; or\n(ii) a Commonwealth or State department or authority.\n(2) For subsection (1), action taken by an entity includes action taken\nby the entity for another entity.\n(3) An arrangement made under subsection (1) may relate to particular\nactions, a series of related actions or classes of actions.\n(4) This section does not affect the powers and functions of the\nOmbudsman under another provision of this Act.\n(5) Subsection (1) does not empower:\n(a) the Ombudsman to exercise a power or perform a function of\nthe Ombudsman of the Commonwealth or a State except\nunder an instrument of delegation given under a law of the\nCommonwealth or State; or\n(b) the Ombudsman of the Commonwealth or a State to exercise\na power or perform a function of the Ombudsman under this\nAct except under an instrument of delegation given under\nsection 147.\n\nDivision 2 Agreements for dealing with police complaints\nOmbudsman Act 2009 66\n","sortOrder":151},{"sectionNumber":"149","sectionType":"section","heading":"Validity of acts and decisions","content":"149 Validity of acts and decisions\nAnything done by or in relation to a person purporting to act under\nan appointment as, or to act as, Ombudsman under section 132\nor 143 is not invalid merely because:\n(a) the appointment was ineffective; or\n(b) the appointment had ceased to have effect; or\n(c) if the appointment is to act as Ombudsman – the occasion to\nact had not arisen or had ceased.\nDivision 2 Agreements for dealing with police complaints\n","sortOrder":152},{"sectionNumber":"150","sectionType":"section","heading":"Ombudsman and Commissioner may make agreement","content":"150 Ombudsman and Commissioner may make agreement\n(1) The Ombudsman and Commissioner may make an agreement\nabout dealing with police complaints (the police complaints\nagreement).\n(2) The agreement may provide for the following matters:\n(a) kinds of complaints for which the police complaints resolution\nprocess may be conducted;\n(b) conduct of the process;\n(c) report of the result of the process;\n(d) kinds of complaints for which a Professional Standards\nCommand report under Part 7, Division 6, Subdivision 1 is\nrequired;\n(e) other matters the Ombudsman and Commissioner consider\nappropriate for dealing with complaints mentioned in\nparagraphs (a) and (d).\n(3) Subsection (2) has effect subject to Part 7, Division 4, and Part 7,\nDivision 6, Subdivision 1.\n","sortOrder":153},{"sectionNumber":"151","sectionType":"section","heading":"Tabling, publication and availability of agreement","content":"151 Tabling, publication and availability of agreement\n(1) The Minister must table the police complaints agreement, and an\nagreement amending it, in the Legislative Assembly within 6 sitting\ndays after the agreement is made.\n(2) In addition, as soon as practicable after the agreement is made, the\nCommissioner must publish the agreement in the Police Gazette\npublished under section 165 of the Police Administration Act 1978.\n\nOmbudsman Act 2009 67\n(3) Also, the Ombudsman must publish the agreement as in force at\nthe end of each financial year in the annual report for the year\nprepared for section 152.\n(4) The Ombudsman and Commissioner must make the agreement as\nin force from time to time available for public inspection free of\ncharge.\n","sortOrder":154},{"sectionNumber":"152","sectionType":"section","heading":"Annual report","content":"152 Annual report\nThe Ombudsman must, within 3 months after the end of each\nfinancial year, give the Minister a report on the performance of the\nOmbudsman's functions during the year.\n","sortOrder":155},{"sectionNumber":"153","sectionType":"section","heading":"Report on Ombudsman's initiative to Minister","content":"153 Report on Ombudsman's initiative to Minister\nThe Ombudsman may give the Minister:\n(a) a report relating generally to the performance of the\nOmbudsman's functions; or\n(b) a report relating to a particular case investigated by the\nOmbudsman.\n","sortOrder":156},{"sectionNumber":"154","sectionType":"section","heading":"Tabling of reports","content":"154 Tabling of reports\n(1) The Minister must table a copy of the annual report or other report\nprepared for section 152 or 153 in the Legislative Assembly within\n6 sitting days after receiving it.\n(2) The responsible Minister must table a copy of the report prepared\nfor section 55(5)(b), 63(4) or 104(3)(b) in the Legislative Assembly\nwithin 6 sitting days after receiving it.\n","sortOrder":157},{"sectionNumber":"155","sectionType":"section","heading":"Report on parliamentary reference","content":"155 Report on parliamentary reference\n(1) On completing an investigation of a matter on a parliamentary\nreference, the Ombudsman must give a report on the investigation\nto the Speaker for tabling in the Legislative Assembly.\n(2) The Speaker must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n\nOmbudsman Act 2009 68\n","sortOrder":158},{"sectionNumber":"156","sectionType":"section","heading":"Compliance with requirement as soon as practicable","content":"156 Compliance with requirement as soon as practicable\n(1) If a person is required under a provision of this Act to inform\nsomeone else about a matter or give a document to someone else,\nthe person must comply with the requirement as soon as\npracticable in the circumstances.\n(2) Subsection (1) has effect subject to a contrary intention in the\nprovision.\n","sortOrder":159},{"sectionNumber":"157","sectionType":"section","heading":"Compliance with requirement for informing complainant","content":"157 Compliance with requirement for informing complainant\nIf:\n(a) this Act requires a person to inform a complainant about a\nmatter or give a complainant a document; and\n(b) the complaint was not made by the person aggrieved by the\nadministrative action or police conduct the subject of the\ncomplaint;\nit is sufficient compliance with the requirement to inform the person\nwho made the complaint.\n","sortOrder":160},{"sectionNumber":"158","sectionType":"section","heading":"Extension of period for compliance with notices","content":"158 Extension of period for compliance with notices\nIf:\n(a) under a notice given by the Ombudsman under this Act, a\nperson is required to do something within a stated period; and\n(b) before the end of the period, the person applies in writing to\nthe Ombudsman to extend the period on the grounds stated in\nthe application;\nthe Ombudsman may, by written notice given to the person, extend\nthe period as the Ombudsman considers appropriate in the\ncircumstances.\n","sortOrder":161},{"sectionNumber":"159","sectionType":"section","heading":"Protection from liability – complainants and informants","content":"159 Protection from liability – complainants and informants\n(1) A person is not liable in any civil proceeding in relation to:\n(a) making a complaint; or\n(b) giving information for:\n(i) the making of preliminary inquiries; or\n\nOmbudsman Act 2009 69\n(ii) the conciliation or mediation process; or\n(iii) the police complaints resolution process; or\n(iv) an investigation.\n(2) Subsection (1) does not apply if the complaint was made or the\ninformation is provided in bad faith.\n(3) A civil proceeding must not be brought against a person in relation\nto an act mentioned in subsection (1) without the leave of the\nSupreme Court.\n(4) The Court must not grant leave unless it is satisfied there is\nsubstantial ground for the contention the person acted in bad faith.\n","sortOrder":162},{"sectionNumber":"160","sectionType":"section","heading":"Protection from liability – persons administering Act","content":"160 Protection from liability – persons administering Act\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this or another Act as any of the\nfollowing:\n(a) an official;\n(b) a conciliator or mediator acting under Part 6, Division 3 or\nPart 7, Division 3.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent the section relates to the civil\nliability of the Commissioner or a Professional Standards Command\nexercise, of a power, includes the purported exercise of the power.\nofficial means:\n(a) the Ombudsman; or\n(b) an officer of the Ombudsman's Office; or\n(c) a consultant or other person employed or engaged to act in an\nofficial capacity; or\n(d) the Commissioner or a Professional Standards Command\n\n","sortOrder":163},{"sectionNumber":"Part 11","sectionType":"part","heading":"Repeals and transitional matters for Ombudsman Act 2009","content":"Part 11 Repeals and transitional matters for Ombudsman Act 2009\nOmbudsman Act 2009 70\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":164},{"sectionNumber":"161","sectionType":"section","heading":"Regulations","content":"161 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may provide for any of the following:\n(a) the payment of allowances and expenses to a person\nappearing before the Ombudsman for travelling and\nmaintenance while absent from the person's usual place of\nresidence;\n(b) prescribing fees payable under this Act;\n(c) for an offence against the regulations, prescribing a fine not\nexceeding 50 penalty units.\nPart 11 Repeals and transitional matters for\nOmbudsman Act 2009\nDivision 1 Preliminary matters\n162 Definitions\nIn this Part:\ncommencement date means the date this Part commences.\nrepealed Act means the Ombudsman (Northern Territory) Act 1977\nas in force immediately before the commencement date.\nDivision 2 Repeals\n163 Repeal of Ombudsman legislation\nThe Acts specified in Schedule 1 are repealed.\n164 Ombudsman continues in office\n(1) This section applies to the person holding office as the\nOmbudsman (the former office) under the repealed Act\nimmediately before the commencement date.\n\n","sortOrder":165},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Integrity and Accountability Legislation Amendment","content":"Part 12 Transitional matters for Integrity and Accountability Legislation Amendment\nOmbudsman Act 2009 71\n(2) The person holds office as the Ombudsman under this Act on the\nconditions on which the person held the former office until the end\nof the person's term of appointment to the former office as extended\nunder subsection (3).\n(3) The person's term of appointment to the former office is extended to\n7 years from the date of appointment.\n","sortOrder":166},{"sectionNumber":"165","sectionType":"section","heading":"Actions before commencement date","content":"165 Actions before commencement date\n(1) This Act applies to an administrative action of a public authority or\nconduct of a police officer before the commencement date.\n(2) However, if an inquiry or investigation is started under the repealed\nAct in relation to the administrative action or conduct but not\ncompleted on the commencement date, the inquiry or investigation\nmust be completed under the repealed Act as if it had not been\nrepealed.\nPart 12 Transitional matters for Integrity and\nAccountability Legislation Amendment\n","sortOrder":167},{"sectionNumber":"166","sectionType":"section","heading":"Effect on Ombudsman in office","content":"166 Effect on Ombudsman in office\n(1) The office holder continues to hold the office of Ombudsman on the\nsame terms and conditions that applied to the office holder's\nappointment before the commencement.\n(2) After the commencement, this Act applies to the office holder for\nthe purposes of any reappointment as Ombudsman and the term of\noffice that the office holder held before the commencement is to be\ncounted for section 134(2).\n(3) In this section:\ncommencement means the commencement of section 21 of the\nIntegrity and Accountability Legislation Amendment Act 2019.\nofficer holder means the person who, immediately before the\ncommencement, held office as the Ombudsman.\n\nPart 13 Transitional matters for Integrity and Ethics Commissioner Act 2025\nOmbudsman Act 2009 72\nPart 13 Transitional matters for Integrity and Ethics\nCommissioner Act 2025\n167 Application of amendment to section 143\nThe amendment to this Act by section 88 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Ombudsman in office\non the commencement of that section.\n\nOmbudsman Act 2009 73\nsection 163\nOmbudsman (Northern Territory) Ordinance 1977 Ordinance No. 25 of\nOmbudsman (Northern Territory) Ordinance 1978 Ordinance No. 60 of\nAct 1981\nAct No. 54 of 1981\nAct 1983\nAct No. 40 of 1983\nAct 1988\nAct No. 60 of 1988\nAct 1995\nAct No. 22 of 1995\nAct 1996\nAct No. 59 of 1996\nAct 2002\nAct No. 63 of 2002\n\nOmbudsman Act 2009 74\n","sortOrder":168},{"sectionNumber":"1","sectionType":"section","heading":"KEY Key to abbreviations","content":"1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":169},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act\n2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)\nCare and Protection of Children (Children's Commissioner) Amendment Act 2011 (Act\nNo. 9, 2011)\nAssent date 18 April 2011\nCommenced 1 July 2011 (Gaz S32, 20 June 2011)\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nPower and Water Corporation Legislation Amendment Act 2014 (Act No.13, 2014)\nAssent date 13 May 2014\nCommenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\n\nOmbudsman Act 2009 75\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n19 December 2014, p 8); rem: 28 November 2014 (s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIntegrity and Accountability Legislation Amendment Act 2019 (Act No. 23, 2019)\nAssent date 9 August 2019\nCommenced 10 August 2019 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nIntegrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)\nAssent date 27 November 2025\nCommenced ss 3 to 7 and pts 2 to 6 and 8: nc; rem: 28 November 2025\n(s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 10, 16, 32, 65, 110, 117,\n151, 160 and 162.\n4 LIST OF AMENDMENTS\ns 4 amd No. 19, 2014, s 26; No. 27, 2014, s 57; No. 23, 2019, s 20; No. 26,\n2020, s 3\ns 5 amd No. 13, 2014, s 32; No. 19, 2014, s 26\ns 10 amd No. 9, 2011, s 26; No. 33, 2013, s 77\ns 16 amd No. 27, 2014, s 57; No. 41, 2014, s 53; No. 8, 2016, s 45\ns 19 amd No. 9, 2011, s 26\ns 32 amd No. 9, 2011, s 26; No. 33, 2013, s 78\ns 50 amd No. 19, 2014, s 26\ns 59 amd No. 19, 2014, s 26\ns 63 amd No. 19, 2014, s 26\nss 65 – 66 amd No. 26, 2020, s 3\ns 68 amd No. 26, 2020, s 3\ns 77 amd No. 26, 2020, s 3\npt 7\ndiv 4 hdg amd No. 26, 2020, s 3\n\nOmbudsman Act 2009 76\npt 7\ndiv 4\nsdiv 2 hdg amd No. 26, 2020, s 3\nss 80 – 86 amd No. 26, 2020, s 3\nss 91 – 97 amd No. 26, 2020, s 3\nss 107 – 109 amd No. 26, 2020, s 3\ns 115 amd No. 26, 2020, s 3\ns 127 amd No. 40, 2010, s 118\ns 131 rep No. 26, 2015, s 84\ns 133 amd No. 19, 2014, s 26\nsub No. 23, 2019, s 21\ns 134 sub No. 23, 2019, s 21\ns 142 amd No. 19, 2014, s 26\ns 143 amd No. 32, 2025, s 88\ns 144 amd No. 40, 2010, s 118\nsub No. 23, 2019, s 22\ns 150 amd No. 26, 2020, s 3\ns 160 amd No. 26, 2020, s 3\npt 12 hdg exp No. 5, 2009, s 180\nins No. 23, 2019, s 23\ns 166 exp No. 5, 2009, s 180\nins No. 23, 2019, s 23\npt 13 hdg ins No. 32, 2025, s 89\ns 167 exp No. 5, 2009, s 180\nins No. 32, 2025, s 89\ndiv 1 hdg exp No. 5, 2009, s 180\ns 168 exp No. 5, 2009, s 180\ndiv 2 hdg exp No. 5, 2009, s 180\nss 169 – 174 exp No. 5, 2009, s 180\ndiv 3 hdg exp No. 5, 2009, s 180\nss 175 – 178 exp No. 5, 2009, s 180\ndiv 4 hdg exp No. 5, 2009, s 180\ns 179 exp No. 5, 2009, s 180\ndiv 5 hdg exp No. 5, 2009, s 180\ns 180 exp No. 5, 2009, s 180\nsch 2 exp No. 5, 2009, s 180","sortOrder":170}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond the core 2009 purpose of creating an Ombudsman for administrative actions to include a substantially more detailed and formalised role in police oversight. Amendments (particularly in 2019–2020 and further changes noted in 2025) introduced a comprehensive, multi‑path police‑complaint scheme (including detailed interaction rules with the Professional Standards Command and a police complaints agreement) and strengthened investigatory, reporting and offence provisions. Concretely: ss 80–86, 91–97, 107–109 and related parts were amended in 2020 (see endnotes) to elaborate Professional Standards Command processes and Ombudsman oversight; s 150 was amended in 2020 to regulate the police complaints agreement; and s 143 was amended in 2025 in connection with the Integrity and Ethics Commissioner Act 2025. These changes increase the Act’s operational scope into policing governance, information‑control and enforcement domains compared with the original, more general Ombudsman remit."},"complexity_factors":["Over 160 numbered sections across 13 Parts (detailed structure and multiple subdivisions).","Extensive defined terms and cross‑references (Part 2 definitions referencing multiple external Acts such as Police Administration Act 1978, Director of Public Prosecutions Act 1990, Children's Commissioner Act 2013).","Complex police‑complaint architecture in Part 7 with multiple pathways (conciliation, police complaints resolution process under agreement, Professional Standards Command investigations, Ombudsman investigations) and conditional routing (ss 66–86, 78–85, 97–104).","Many conditional carve‑outs and exceptions (e.g. executive/ministerial matters s 15; tribunal/judicial/prosecutorial carve‑outs s 16; deferral rules s 107), producing nested decision logic.","Numerous investigatory powers that trigger different obligations and penalties (notices to produce documents s 52, requirement to attend s 53, entry/inspection s 54, directions to stop actions s 55).","Multiple confidentiality and offence provisions with differing fault elements, penalties and defences (ss 117–129), increasing legal complexity for compliance. ","Interplay with other complaint entities and agreements (liaison, referrals, and police complaints agreements ss 19, 32, 150–151) requiring coordination and cross‑institutional processes. ","Delegation, arrangement and reporting requirements (delegation s 147, inter‑jurisdictional arrangements s 148, annual reporting and tabling obligations ss 152–155) add administrative and transparency layers. "],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes an independent Ombudsman for the Northern Territory and an Ombudsman's Office (s 9).\n- Gives the Ombudsman the power to receive complaints, make preliminary inquiries and to investigate administrative actions of public authorities and the conduct of police officers (ss 10, 13–14, 52–56, Parts 6–7).\n- Sets out who may complain, how complaints are made and time limits (Part 5, especially ss 21–26).\n- Creates a tiered police-complaint scheme: conciliation, a police complaints resolution process governed by an agreement with the Commissioner, Professional Standards Command investigations, or Ombudsman investigations (Part 7, especially ss 66–86, 78–84, 150).\n- Gives the Ombudsman powers to require documents and attendance, inspect public-authority premises and, in limited circumstances, direct a public authority to stop a stated administrative action for up to 45 days (ss 52–55).\n- Requires public authorities and police to cooperate with the Ombudsman, to provide help and information, and to report on actions taken in response to Ombudsman recommendations (ss 29, 52(2)–(5), 63–64, 101–104).\n- Provides confidentiality rules, non‑disclosure directions and criminal penalties for wrongful disclosure or misuse of information obtained during inquiries or investigations (ss 117–122; penalties in ss 120, 122 and elsewhere).\n- Sets out offences that protect the complaint process (e.g. obstructing complaints, reprisal offences, providing misleading information) and enforcement mechanisms (ss 123–129).\n- Details appointment, eligibility, term, removal and administrative arrangements for the Ombudsman and staff, and reporting obligations (Part 9, especially ss 132–146, 152).\n\n**Who it affects**\n\n- Individuals who are \"aggrieved\" by decisions or conduct of Territory public authorities or police (ss 21–23, 6).\n- Public authorities, including Agencies, the Police Force, government owned corporations, local government councils and other prescribed entities (s 5).\n- Police officers (as subjects of police complaints) and the Commissioner of Police (Parts 7 and related provisions).\n- Officers and employees of public authorities who must assist investigations and comply with notices (ss 29, 52–54).\n- People who assist complainants (representatives), witnesses and consultants who receive confidential information (ss 21, 120–122).\n\n**Why it matters (official purpose, then practical implications)**\n\n- Official purpose: the Act states its objects are to provide a timely, effective, independent and fair way to investigate complaints about administrative actions and police conduct and to improve public authorities' decision‑making and administrative practices (s 3).\n\n- Practical implications (mechanisms and trade-offs):\n  - The Ombudsman has wide investigatory powers (compulsory notices, hearings, premises inspection) but also broad discretion about whether to investigate, to decline or to refer complaints to other complaint-handling bodies (ss 31–36, 47–54, 66–67). That centralises investigatory decision-making with the Ombudsman (s 12) and creates an administrative gatekeeper role that determines resource allocation and case selection.\n  - Public authorities and police are legally required to assist investigations and may face formal adverse reports and recommendations; the Ombudsman can require authorities to report steps taken to implement recommendations and can escalate to Ministers or the Legislative Assembly if recommendations are not acted on (ss 57–64, 103–104). That creates an accountability channel from administrative actors up to Ministers and to public reporting.\n  - Confidentiality and criminal sanctions for improper disclosure (ss 120–122) protect the integrity of inquiry processes but increase compliance costs and risk for employees and third parties who handle sensitive material.\n  - The Act limits Ombudsman intervention in executive deliberations, judicial or tribunal functions, and certain prosecutorial matters (ss 15–16, 118). Those carve-outs preserve separation between administrative oversight and political, judicial and prosecutorial discretion.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: the Territory funds the Ombudsman and the Ombudsman's Office (Part 9). Public authorities (including government-owned corporations) and the Police Force absorb the administrative cost of assisting inquiries, producing documents and implementing recommendations. Individuals may incur private costs to prepare submissions or legal representation at hearings (s 51).\n- Who decides: the Ombudsman decides whether and how to deal with complaints (s 12(1), ss 14, 66). The Ombudsman also negotiates agreements with other complaints bodies and the Commissioner of Police (ss 19, 150). The Commissioner of Police retains operational control over Professional Standards Command investigations but must report and liaise with the Ombudsman (ss 80–85, 92–97).\n- Behaviour changes incentivised: public authorities are incentivised to keep clearer records, to respond to complaints and to implement recommended changes to reduce adverse reports; police are incentivised to resolve some complaints through the agreed resolution process or face external oversight by the Ombudsman. Individuals gain a non‑judicial redress route and protection from reprisals (ss 25, 124–125).\n\n**Costs, incentives and trade-offs**\n\n- Compliance burden: authorities must provide documents, staff time and cooperation, and may be asked to justify non‑compliance (ss 29, 52–56, 55(5)(a)). There are penalties for non‑compliance with notices (ss 126, 128). Protecting confidentiality also requires systems to prevent accidental disclosure, with criminal sanctions for breaches (ss 120–122).\n- Bureaucratic discretion: the Ombudsman has broad discretion to decline, defer or discontinue complaints and to decide investigation method (ss 31–36, 66–67, 107). That discretion concentrates influence in the Ombudsman’s office and can affect the predictability of oversight for agencies and police.\n- Interaction with existing processes: the Act defers to statutory review rights and other complaint bodies in many cases (s 16(2)), and allows referral to complaints entities (s 32). This reduces duplication but creates coordination demands across oversight bodies (s 19) and potential delays where multiple processes interact.\n- Effects on private enterprise and contractors: administrative actions taken by a private contractor for a public authority can be treated as the authority's administrative action (s 6(2)(c)). That means private firms performing public functions may be indirectly subject to Ombudsman scrutiny for actions taken on the authority’s behalf.\n- Risk of substitution and opportunity cost: if public authorities divert resources to avoid Ombudsman attention or to comply with reporting, resources may be shifted from operational activities. The Ombudsman’s power to direct temporary halts to actions (s 55) can interrupt ongoing administrative processes, but is limited (max 45 days and disapplies where it would breach contract or cause third‑party hardship).\n- Implementation risk: effective operation requires resourcing, staff with investigative skills, and information‑management systems. The Act requires annual reporting and a register of police complaints (ss 152, 116) which imposes ongoing administrative costs.\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: complainants (individuals) and those seeking correction of administrative action gain a formal, independent route for review. The Ombudsman’s adverse reports and public reporting channels can concentrate reputational consequences on specific agencies or officers.\n- Diffuse costs: the administrative burden of compliance and potential reputational risk is spread across many public authorities and police units; taxpayers ultimately fund the Ombudsman and the administrative costs of compliance.\n\n**Capture, rent‑seeking and unintended consequences (as supported by the Act)**\n\n- The Act includes multiple mechanisms for cooperation with other oversight bodies and the Police Commissioner (ss 19, 85, 150, 148). Those arrangements reduce duplication but increase the potential for negotiated outcomes that may favour institutional coordination over independent investigation. The statute itself balances that by preserving the Ombudsman’s independence in complaint and investigation decisions (s 12) and by requiring publication/tabling of police complaints agreements (ss 151–151(4)).\n- Unintended consequences could include procedural complexity and delays when complaints pass between the Ombudsman, Professional Standards Command and other complaint entities (Part 7; ss 32, 78–85, 97–104). The Act builds in oversight (reviews, reporting, and the Ombudsman’s power to require further action – s 108) to address inadequate resolution.\n\n**Limits and checks**\n\n- Carve-outs: the Ombudsman cannot investigate Cabinet/Executive deliberations, judicial or tribunal deliberative functions, some prosecutorial matters, parole board matters or employment decisions of public authorities (ss 15–16).\n- Judicial review: jurisdiction disputes may be resolved by the Supreme Court (s 20).\n- Political and reporting accountability: Ombudsman appointments, terms, tabling of reports and agreements require Parliamentary or Ministerial notice (ss 132(2), 152–155, 151).\n\n**Key sections to look at for specifics**\n- Objects and scope: s 3, ss 5–7, s 6(2)(c)\n- Powers to investigate and to compel material: ss 14, 47–55\n- Police‑specific regime: Part 7 (ss 65–116) and police complaints agreement (ss 150–151)\n- Confidentiality and offences: ss 117–129\n- Appointment and administration: Part 9 (ss 132–152)\n\nSummary conclusion (neutral): The Act creates a comprehensive, independent administrative‑oversight regime for Territory public authorities and a detailed, hybrid oversight system for police complaints that mixes conciliation, internal police investigation (Professional Standards Command) and external Ombudsman review. It grants the Ombudsman substantial investigatory tools and discretion, sets out protections for complainants and officials, and establishes reporting and enforcement mechanisms. That design produces both accountability mechanisms and material compliance and coordination costs for public authorities and police."},"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3476},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation maintains its original dual mandate established in 2009: investigating administrative actions of public authorities and conduct of police officers. While amendments in 2019, 2020, and 2025 have refined procedural details (particularly regarding police complaint handling and transitional arrangements), the substantive scope has not expanded beyond the Act's original intent as stated in its long title."},"complexity_factors":["167 sections across 13 Parts with nested Divisions and Subdivisions (e.g., Part 7 contains 8 Divisions, some with multiple Subdivisions)","Approximately 40 defined terms in section 4, including complex concepts like 'administrative action', 'DPP exempt matter', and 'public authority'","Extensive cross-referencing between Parts, particularly Part 7 (Police conduct) applying Part 6 (Administrative actions) provisions with modifications via section 89","Multiple nested exceptions to jurisdiction in sections 15-16 (e.g., exclusions for judicial actions, employment matters, Executive Council deliberations)","Complex conditional routing for police complaints with decision points at sections 66, 69, 78, 80, and 86 determining whether complaints go to conciliation, resolution process, internal police investigation, or Ombudsman investigation","Interaction requirements with other statutory bodies (Children's Commissioner, complaints entities) creating overlapping jurisdiction rules (sections 10(2), 32)"],"plain_english_summary":"**What this law does**\n\nThis Act creates the position of the **Ombudsman** — an independent investigator who acts as a watchdog over the Northern Territory Government and the Police. The Ombudsman has two main jobs:\n\n1.  **Investigating government administration**: Looking into complaints about \"administrative actions\" (decisions, failures to decide, or conduct) by government agencies, departments, and local councils (called \"public authorities\").\n2.  **Investigating police**: Looking into complaints about the conduct of police officers.\n\n**Who it affects**\n\n*   **Members of the public** who believe they have been treated unfairly by a government agency or the police.\n*   **Government agencies** (including departments, local councils, and government-owned corporations) who must cooperate with investigations.\n*   **Police officers** who are subject to the complaint handling process.\n*   **Prisoners**, who have special protections to make complaints confidentially.\n\n**How it works**\n\n*   **Making a complaint**: Anyone affected by a government decision or police action can complain, usually within one year. Complaints can be made verbally or in writing. A third party (like a witness) can also complain if they have direct evidence.\n*   **Assessment**: The Ombudsman first decides if the matter can be investigated. They can refuse if a complaint is trivial, frivolous, or better handled by a court or tribunal.\n*   **Resolution paths**: Before a full investigation, the Ombudsman may try to resolve the matter through **conciliation** (mediation). If that fails, a formal investigation occurs.\n*   **Police complaints**: These follow a special track. Less serious matters may go to a \"police complaints resolution process\" or internal investigation by the **Professional Standards Command** (the police unit that investigates its own). The Ombudsman can step in for serious matters, or if the complaint involves senior officers, or if the police handling was inadequate.\n*   **Powers**: The Ombudsman can demand documents and information, enter government premises (but not private homes), hold private hearings, and temporarily stop government actions if they would cause serious harm.\n*   **Outcomes**: After investigating, the Ombudsman reports to the agency and the complainant. If the Ombudsman finds the action was unlawful, unreasonable, or wrong, they can recommend changes. If the agency ignores the recommendation, the Ombudsman can report directly to Parliament (the Legislative Assembly).\n\n**Protections and offences**\n\n*   **Confidentiality**: Information given to the Ombudsman is generally protected and cannot be used in court or disclosed publicly.\n*   **No reprisals**: It is a criminal offence to punish someone (cause them \"harm\") for making a complaint or helping an investigation.\n*   **Immunity**: People who give evidence or make complaints are protected from being sued, provided they act in good faith.\n\n**Why it matters**\n\nThe Act provides a free, independent avenue for ordinary people to challenge unfair government decisions or police conduct without needing to go to court. It also aims to improve how government agencies operate by identifying systemic problems and bad practices."}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-act-2009","history":"/api/acts/ombudsman-act-2009/history","analysis":"/api/acts/ombudsman-act-2009/analysis","conflicts":"/api/acts/ombudsman-act-2009/conflicts","importantCases":"/api/acts/ombudsman-act-2009/important-cases","documents":"/api/acts/ombudsman-act-2009/documents"}}