{"id":"sl-1989-9","name":"Ombudsman Regulation 1989","slug":"ombudsman-regulation-1989","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"9 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173567,"registerId":"act-sl-1989-9-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Ombudsman Regulation 1989","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOmbudsman Regulation 1989\nSL1989-9\nmade under the\nOmbudsman Act 1989\nRepublication No 7\nEffective: 24 October 2025\nRepublication date: 24 October 2025\nLast amendment made by SL2025-21\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Ombudsman Regulation 1989, made under the Ombudsman Act\n1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 24 October 2025. It also includes any commencement, amendment,\nrepeal or expiry affecting this republished law to 24 October 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n24/10/25\nOmbudsman Regulation 1989\nEffective: 24/10/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOmbudsman Regulation 1989\nmade under the\nOmbudsman Act 1989\nContents\nPage\n1 Name of regulation 2\n2 Certain people not to be prescribed authorities 2\n3 Ombudsman may disclose child safety information—prescribed\nentities—Act, s 34A (1) (j) 2\nSchedule 1 People who are not prescribed authorities 3\nEndnotes\n1 About the endnotes 4\n2 Abbreviation key 4\n\nContents\nPage\ncontents 2 Ombudsman Regulation 1989\nEffective: 24/10/25\nR7\n24/10/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 5\n4 Amendment history 7\n5 Earlier republications 8\n\nR7\n24/10/25\nOmbudsman Regulation 1989\nEffective: 24/10/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nOmbudsman Regulation 1989\nmade under the\nOmbudsman Act 1989\n\nSection 1\npage 2 Ombudsman Regulation 1989\nEffective: 24/10/25\nR7\n24/10/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Ombudsman Regulation 1989.\n2 Certain people not to be prescribed authorities\nA person holding or performing the duties of an office specified in\nschedule 1 is not a prescribed authority for the Act.\n3 Ombudsman may disclose child safety information—\nprescribed entities—Act, s 34A (1) (j)\nAn entity that exercises a function under a law of a State or the\nCommonwealth corresponding, or substantially corresponding, to a\nfunction of the ombudsman under the Act, division 2.2A (Reportable\nconduct) is prescribed.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nPeople who are not prescribed authorities Schedule 1\nR7\n24/10/25\nOmbudsman Regulation 1989\nEffective: 24/10/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 People who are not prescribed\nauthorities\n(see s 2)\n1 auditor-general\n\nEndnotes\n1 About the endnotes\npage 4 Ombudsman Regulation 1989\nEffective: 24/10/25\nR7\n24/10/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR7\n24/10/25\nOmbudsman Regulation 1989\nEffective: 24/10/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Ombudsman Regulations. It was renamed under\nthe Legislation Act 2001.\nBefore 12 September 2001, regulations commenced on their notification day unless\notherwise stated (see Subordinate Laws Act 1989 s 6).\nLegislation before becoming Territory enactment\nOmbudsman Regulation 1989 SL1989-9\nnotified 10 May 1989\ncommenced 10 May 1989\nas amended by\nLegislation after becoming Territory enactment\nOmbudsman Regulations (Amendment) 1991 No 4\nnotified 13 February 1991\ncommenced 13 February 1991\nBetting (Corporatisation) (Consequential Amendments) Act 1996\nA1996-33 s 4\nnotified 1 July 1996 (Gaz 1996 No S130)\ns 4 commenced 1 July 1996 (see s 2 (1) and A1996-32 s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 270\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 270 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nEducation Act 2004 A2004-17 sch 2 pt 2.6\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nsch 2 pt 2.6 commenced 1 January 2005 (s 2)\nEmergencies Act 2004 A2004-28 pt 3.15\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 3.15 commenced 1 July 2004 (s 2 (1) and CN2004-11)\n\nEndnotes\n3 Legislation history\npage 6 Ombudsman Regulation 1989\nEffective: 24/10/25\nR7\n24/10/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.73\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.73 commenced 12 April 2007 (s 2 (1))\nOmbudsman Amendment Regulation 2025 (No 1) SL2025-21\nnotified LR 23 October 2025\ns 1, s 2 commenced 23 October 2025 (LA s 75 (1))\nremainder commenced 24 October 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR7\n24/10/25\nOmbudsman Regulation 1989\nEffective: 24/10/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R4 LA\nInterpretation\ns 1A ins SL1991-4 s 2\nom A2001-44 amdt 1.3065\nCertain people not to be prescribed authorities\ns 2 am SL1991-4 s 3\nPrescribed authorities\ns 2A ins SL1991-4 s 4\nom A1996-33 s 4\nOmbudsman may disclose child safety information—prescribed entities—\nAct, s 34A (1) (j)\ns 3 am SL1991-4 s 5\nom A2007-3 amdt 3.397\nins SL2025-21 s 4\nPrescribed authorities\nsch 1A ins SL1991-4 s 6\nom A1996-33 s 4\nPrincipal offices\nsch 2 hdg om R5 LA\nsch 2 am A2004-28 amdt 3.51; A2004-17 amdt 2.12\nom R5 LA\n\nEndnotes\n5 Earlier republications\npage 8 Ombudsman Regulation 1989\nEffective: 24/10/25\nR7\n24/10/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 SL1991-4 31 October 1991\n2 A2001-44 3 June 2002\n3 A2004-28 1 July 2004\n4 A2004-28 3 November 2004\n5 A2004-28 1 January 2005\n6 A2007-3 12 April 2007\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly scoped to its original purpose. It has always been a short, technical instrument supporting the Ombudsman Act. While it has been amended over time (including recent updates in 2025 regarding child safety information sharing), these changes have not expanded the regulation beyond its original function of prescribing specific exclusions and entities for the Ombudsman regime."},"complexity_factors":["Extremely short: only 3 operative sections plus a single-item schedule","Minimal defined terms: relies on definitions in the parent Ombudsman Act 1989","No nested exceptions or conditional logic","Simple structure: declarative statements of exclusion (s 2) and prescription (s 3)","Single cross-reference to parent Act (s 34A(1)(j))","Schedule 1 contains only one entry (auditor-general)"],"plain_english_summary":"This regulation supports the ACT Ombudsman Act 1989 by setting out two specific rules:\n\n**1. Who the Ombudsman CANNOT investigate**\nThe regulation excludes the **Auditor-General** from being a \"prescribed authority\" (an organisation the Ombudsman can investigate). This means if you have a complaint about the Auditor-General, you cannot take it to the Ombudsman.\n\n**2. Who the Ombudsman CAN share child safety information with**\nThe Ombudsman has powers to investigate reportable conduct (serious allegations against people working with children). This regulation allows the Ombudsman to share information from these investigations with equivalent bodies in other States and Territories — essentially, other \"ombudsman-like\" agencies that handle child safety complaints.\n\n**Why it matters:** This regulation is quite narrow. It mainly ensures the Auditor-General remains independent from Ombudsman oversight, and enables information sharing for child protection purposes across borders."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This version broadens the regulation’s practical reach compared with earlier incarnations by adding section 3 (inserted by SL2025‑21) to prescribe interstate and Commonwealth entities that may receive child‑safety information. Previously the regulation focused on listing which people/offices were not ‘‘prescribed authorities’’ (for example, the Auditor‑General in Schedule 1). The 2025 insertion explicitly creates a class of external recipients for reportable‑conduct disclosures (s 3), enabling cross‑jurisdictional information sharing that was not previously set out in the regulation. That is a substantive scope expansion from a narrow exclusions list to also defining permitted disclosure recipients across jurisdictions."},"complexity_factors":["Short instrument: 3 substantive sections plus a 1‑item schedule","Single named exclusion in Schedule 1 (Auditor‑General)","Cross‑references to the Ombudsman Act: s 34A(1)(j) and division 2.2A (reportable conduct)","Interpretive language: the regulator uses the phrase “corresponding, or substantially corresponding,” which requires evaluative judgment","Minor jurisdictional note: explicitly states that “State includes the Northern Territory”","Recent amendment history: s 3 inserted by SL2025‑21, so readers must consult amendment history for context","Dependence on definitions and procedures in the primary Act — the regulation provides prescriptions but relies on the Ombudsman Act for operational safeguards"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- **Names the instrument.** Section 1 simply records the regulation’s title: the Ombudsman Regulation 1989.\n\n- **Excludes certain office‑holders from being “prescribed authorities” under the Ombudsman Act.** Section 2, read with Schedule 1, says that a person holding an office listed in Schedule 1 is *not* a prescribed authority for the Ombudsman Act. Schedule 1 currently lists one office: the Auditor‑General. (See s 2 and Schedule 1.)\n\n- **Allows the ACT Ombudsman to share child‑safety information with corresponding bodies in other jurisdictions.** Section 3 prescribes, for the purposes of the Ombudsman Act (section 34A(1)(j)), that an entity in a State or the Commonwealth that performs a function that corresponds, or substantially corresponds, to the ACT Ombudsman’s reportable‑conduct function (division 2.2A of the Act) is a prescribed entity for disclosure. The regulation clarifies that “State” includes the Northern Territory. (See s 3.)\n\n**Who is affected**\n\n- The **Auditor‑General** (or a person performing that office) is expressly excluded from being a “prescribed authority” under the Ombudsman Act by this regulation (s 2; Schedule 1).\n\n- The **ACT Ombudsman** — this regulation narrows which offices are treated as prescribed authorities (by excluding the Auditor‑General) and specifies which external bodies the Ombudsman may share child‑safety information with (s 3).\n\n- **Entities in other jurisdictions** (State or Commonwealth bodies) that perform functions corresponding to the ACT Ombudsman’s reportable‑conduct function are designated recipients for child‑safety information sharing under the Act (s 3).\n\n**Why this matters (practical effects and mechanics)**\n\n- Excluding the Auditor‑General from the category of prescribed authority (s 2; Schedule 1) changes how the Ombudsman Act’s powers and obligations apply to that office. Practically, it means the Auditor‑General is not treated as an agency subject to the particular regulatory status labelled “prescribed authority” in the Ombudsman Act (for example, provisions that specifically apply to prescribed authorities will not apply to the Auditor‑General under that label).\n\n- Prescribing interstate and Commonwealth bodies that have corresponding reportable‑conduct functions (s 3) creates a legal basis for the ACT Ombudsman to disclose child‑safety information to those bodies. That enables cross‑jurisdictional information sharing where another jurisdiction has an oversight body performing substantially similar functions to the ACT Ombudsman’s reportable‑conduct role.\n\n**Official purpose claim and a reality‑check**\n\n- The text itself frames s 3 as enabling disclosure of child‑safety information to entities that perform corresponding roles in other jurisdictions. The plausible purpose is to allow the Ombudsman to cooperate and exchange information with comparable agencies outside the ACT when matters of reportable conduct cross borders.\n\n- Testing that claim against trade‑offs and implementation risks:\n  - Benefit mechanism: The regulation reduces a legal barrier to sharing information with comparable external oversight bodies (s 3). That can speed cross‑jurisdictional inquiries and avoid duplication where the same person or conduct touches multiple jurisdictions.\n  - Privacy and accuracy risk: Sharing child‑safety information across borders raises privacy and data‑handling risks; whether those risks are addressed depends on protections and procedures in the Ombudsman Act (not in this regulation) and on the recipient body’s safeguards. The regulation does not itself set operational safeguards; it only prescribes eligible recipients (s 3).\n  - Interpretive uncertainty: The phrase “corresponding, or substantially corresponding” introduces an evaluative judgment by the Ombudsman (or the office) about whether a given body qualifies. That can create discretion and potential uncertainty about which bodies will receive disclosures (s 3). This may require case‑by‑case assessment or internal guidance.\n  - Administrative costs: The change shifts real administrative work (assessment of correspondence, information transfers, record‑keeping) to the Ombudsman’s office and to recipient bodies. Those costs are borne by the agencies involved.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: the Ombudsman’s office (and recipient agencies) will absorb any additional administrative and compliance costs of information‑sharing arrangements. Individuals whose information is disclosed do not pay money, but face privacy risk.\n\n- Who decides: the obligation to determine whether an external body “corresponds” to the ACT function sits with the Ombudsman (or the Ombudsman’s office) under the prescribed entity rule (s 3). The exclusion of the Auditor‑General from being a prescribed authority is automatic by office‑holding (s 2; Schedule 1).\n\n- Behaviour changes: the Ombudsman can disclose child‑safety information to eligible external bodies without needing a further legislative prescription for each recipient. Auditors‑general will not be treated as prescribed authorities for the purposes of provisions that apply to prescribed authorities.\n\n**Relevant sections**\n- Exclusion from prescribed authorities: s 2 and Schedule 1 (Auditor‑General listed).\n- Prescribed entities for child‑safety disclosures: s 3 (prescribes interstate/Commonwealth bodies with corresponding functions)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-regulation-1989","history":"/api/acts/ombudsman-regulation-1989/history","analysis":"/api/acts/ombudsman-regulation-1989/analysis","conflicts":"/api/acts/ombudsman-regulation-1989/conflicts","importantCases":"/api/acts/ombudsman-regulation-1989/important-cases","documents":"/api/acts/ombudsman-regulation-1989/documents"}}