{"id":"F2017L01248","name":"Ombudsman Regulations 2017","slug":"ombudsman-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97158,"registerId":"commonwealth-F2017L01248-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Ombudsman Regulations 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Ombudsman Act 1976.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> abuse, in relation to a complainant, includes:\n\n (a) sexual abuse of the complainant; and\n (b) serious physical abuse of the complainant; and\n (c) serious bullying or harassment of the complainant.\n\n> Act means the Ombudsman Act 1976.\n\n> administrative head of a court has the meaning given by the Court Security Act 2013.\n\n> amendment day means the day on which the Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2017 commenced.\n\n> complainant includes:\n\n (a) a person who is or was a member of the Defence Force; and\n (b) a person who is or was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) a person who is or was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> court has the meaning given by the Court Security Act 2013.\n\n> Defence Abuse Response Taskforce means the taskforce established by the then Attorney‑General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.\n\n> Defence Department means the Department administered by the Minister administering section 1 of the Defence Act 1903.\n\n> Defence Force has the same meaning as in subsection 4(1) of the Defence Act 1903.\n\n> Defence Secretary means the Secretary of the Defence Department.\n\n> Determination 2017/06 means the instrument made by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973 that is known as Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions, as in force when this instrument commenced.\n\n> excluded complaint means a complaint that:\n\n (a) was previously made to, and dealt with by, the Defence Abuse Response Taskforce; or\n (b) is the same in substance as a complaint that was previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> member of Defence, in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:\n\n (a) was a member of the Defence Force; and\n (b) was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> National Preventive Mechanism Network means the persons and bodies separately appointed or established by the Commonwealth and each State and Territory to give effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.\n\n> new complaint has the meaning given by subsection 14(1A).\n\n> old complaint has the meaning given by subsection 14B(2).\n\n> restorative engagement conference means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General matters","content":"## Part 2—General matters","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Bodies not to be taken to be prescribed authorities for the purposes of the Act","content":"#### 6 Bodies not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (a)(iii) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following bodies is not to be taken to be a prescribed authority for the purposes of the Act:\n (b) the Commonwealth Grants Commission;\n (c) the Defence Force Remuneration Tribunal;\n (d) the Pharmaceutical Benefits Remuneration Tribunal;\n (e) the Remuneration Tribunal;\n (f) the Shire of the Cocos (Keeling) Islands.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Persons not to be taken to be prescribed authorities for the purposes of the Act","content":"#### 7 Persons not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (c)(ii) of the definition of prescribed authority in subsection 3(1) of the Act, a person is not to be taken to be a prescribed authority for the purposes of the Act if the person holds or performs the duties of:\n (a) an office established by a provision of an enactment of the Northern Territory, being a provision relating to a matter in respect of which the Ministers of that Territory have executive authority; or\n (b) any of the following offices:\n (i) Auditor‑General;\n (ii) Australian Government Solicitor;\n (iii) President of the Defence Force Remuneration Tribunal;\n (iv) President of the Remuneration Tribunal;\n (v) Inspector of the National Anti‑Corruption Commission;\n (vi) Inspector‑General of Intelligence and Security.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Principal offices","content":"#### 8 Principal offices\n\n For the purposes of subparagraph (c)(i) of the definition of principal officer in subsection 3(1) of the Act, each office specified in column 1 of an item in the following table is declared to be the principal office in respect of the prescribed authority specified in column 2 of the table for the item.\n\n```html\n

Principal offices

Item

Column 1

Column 2

1

Chief Executive Officer

Australian Crime Commission

2

Electoral Commissioner

Australian Electoral Commission

3

Commissioner of Police

Australian Federal Police

4

Chief Executive Officer

Australian Institute of Marine Science

5

Vice‑Chancellor

Australian National University

6

Managing Director

Australian Postal Corporation

7

Chief Executive Officer

Australian Trade and Investment Commission

8

Director

Australian War Memorial

9

Managing Director

Export Finance and Insurance Corporation

10

Director‑General

National Library of Australia

11

Managing Director

Special Broadcasting Service Corporation

12

Managing Director

Tourism Australia

\n```","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Actions deemed not to be taken by Attorney‑General’s Department","content":"#### 9 Actions deemed not to be taken by Attorney‑General’s Department\n\n (1) For the purposes of subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.\n (2) Subsection (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Members of court staff","content":"#### 10 Members of court staff\n\n For the purposes of paragraph 3(14)(d) of the Act, if the administrative head of a court appoints a person as a security officer, that person is declared to be a member of the staff of the court for the purposes of the Act.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Commonwealth‑controlled companies to be taken to be prescribed authorities","content":"#### 11 Commonwealth‑controlled companies to be taken to be prescribed authorities\n\n For the purposes of subsection 3A(3) of the Act, each of the following Commonwealth‑controlled companies is to be taken to be a prescribed authority:\n (a) Aboriginal Hostels Limited;\n (b) ANU Enterprise Pty Limited.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Prescribed terms and conditions","content":"#### 12 Prescribed terms and conditions\n\n For the purposes of subsection 21(2) of the Act, the terms and conditions set out in Part 7 of Determination 2017/06 that apply to a Departmental Secretary (within the meaning of the Remuneration Tribunal Act 1973) are prescribed.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Witness expenses","content":"#### 13 Witness expenses\n\n If:\n (a) a person (the witness) attends before another person to answer questions relevant to an investigation in accordance with a notice served under subsection 9(1AA) or (2) of the Act; and\n (b) the witness incurs expenses or suffers losses in so attending;\n the witness may be paid an amount equal to so much of those expenses or losses as the Ombudsman considers reasonable.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Defence Force Ombudsman","content":"## Part 3—Defence Force Ombudsman","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Conferral of functions on Defence Force Ombudsman—new complaints etc.","content":"#### 14 Conferral of functions on Defence Force Ombudsman—new complaints etc.\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions:\n (i) facilitating counselling for the complainant;\n (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;\n (iii) making a recommendation to the Defence Department in respect of the complaint;\n (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;\n (iv) deciding not to take, or to continue to take, action in response to the complaint; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and\n (c) the function of inquiring into matters relating to complaints of abuse, including, for example:\n (i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and\n (ii) the effectiveness and appropriateness of those procedures; and\n (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence.\n\n (1A) A complaint is a new complaint if:\n (a) the complaint is about abuse engaged in by a member of Defence; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or\n (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and\n (c) the complaint is not an excluded complaint.\n (1B) A new complaint is covered by this subsection if:\n (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or\n (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023.\n (2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint.\n (4) The Chief of the Defence Force and the Defence Secretary must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).","sortOrder":14},{"sectionNumber":"14A","sectionType":"section","heading":"Payments to complainants—certain new complaints","content":"#### 14A Payments to complainants—certain new complaints\n\n (1) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved the most serious forms of abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (2) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved unlawful interference with the complainant accompanied by some element of indecency;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (3) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (1) or (2) in relation to a new complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.","sortOrder":15},{"sectionNumber":"14B","sectionType":"section","heading":"Conferral of functions on Defence Force Ombudsman—old complaints","content":"#### 14B Conferral of functions on Defence Force Ombudsman—old complaints\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of making recommendations under subsections (3) to (5) in relation to an old complaint if the Defence Force Ombudsman is satisfied that the abuse to which the old complaint relates is reasonably likely to have occurred; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a).\n (2) A complaint is an old complaint if:\n (a) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day; and\n (b) immediately before the amendment day, the Defence Force Ombudsman had finally dealt with the complaint; and\n (c) the complaint was about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (d) the complaint is not an excluded complaint.\n (3) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved the most serious forms of abuse, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (4) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved unlawful interference with the complainant accompanied by some element of indecency, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (5) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (3) or (4) in relation to an old complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Transitional—conferral of functions on Defence Force Ombudsman","content":"#### 15 Transitional—conferral of functions on Defence Force Ombudsman\n\n Disclosure, collection and use of information and documents relating to the Defence Abuse Response Taskforce\n (1) The Defence Abuse Response Taskforce must disclose information and documents obtained by the Taskforce in the performance of its functions to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (2) The Attorney‑General’s Department must disclose information and documents relating to the Defence Abuse Response Taskforce to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (3) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (1) or (2), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Disclosure etc. of information and documents relating to new complaints or old complaints\n (4) A Department or prescribed authority may disclose information and documents relating to a new complaint, or an old complaint, of abuse to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her function under paragraph 14(1)(a) or 14B(1)(a) of this instrument.\n (5) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (4), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Interaction with the Privacy Act 1988\n (6) For the purposes of the Privacy Act 1988, disclosing information or documents to the Defence Force Ombudsman, as mentioned in subsections (1), (2) and (4), is taken to be authorised by this instrument.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"National Preventive Mechanism functions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Ombudsman Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Ombudsman Act 1976.\n\n#### 5 Definitions\n\n In this instrument:\n\n> abuse, in relation to a complainant, includes:\n\n (a) sexual abuse of the complainant; and\n (b) serious physical abuse of the complainant; and\n (c) serious bullying or harassment of the complainant.\n\n> Act means the Ombudsman Act 1976.\n\n> administrative head of a court has the meaning given by the Court Security Act 2013.\n\n> amendment day means the day on which the Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2017 commenced.\n\n> complainant includes:\n\n (a) a person who is or was a member of the Defence Force; and\n (b) a person who is or was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) a person who is or was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> court has the meaning given by the Court Security Act 2013.\n\n> Defence Abuse Response Taskforce means the taskforce established by the then Attorney‑General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.\n\n> Defence Department means the Department administered by the Minister administering section 1 of the Defence Act 1903.\n\n> Defence Force has the same meaning as in subsection 4(1) of the Defence Act 1903.\n\n> Defence Secretary means the Secretary of the Defence Department.\n\n> Determination 2017/06 means the instrument made by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973 that is known as Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions, as in force when this instrument commenced.\n\n> excluded complaint means a complaint that:\n\n (a) was previously made to, and dealt with by, the Defence Abuse Response Taskforce; or\n (b) is the same in substance as a complaint that was previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> member of Defence, in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:\n\n (a) was a member of the Defence Force; and\n (b) was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> National Preventive Mechanism Network means the persons and bodies separately appointed or established by the Commonwealth and each State and Territory to give effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.\n\n> new complaint has the meaning given by subsection 14(1A).\n\n> old complaint has the meaning given by subsection 14B(2).\n\n> restorative engagement conference means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.\n\n## Part 2—General matters\n\n#### 6 Bodies not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (a)(iii) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following bodies is not to be taken to be a prescribed authority for the purposes of the Act:\n (b) the Commonwealth Grants Commission;\n (c) the Defence Force Remuneration Tribunal;\n (d) the Pharmaceutical Benefits Remuneration Tribunal;\n (e) the Remuneration Tribunal;\n (f) the Shire of the Cocos (Keeling) Islands.\n\n#### 7 Persons not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (c)(ii) of the definition of prescribed authority in subsection 3(1) of the Act, a person is not to be taken to be a prescribed authority for the purposes of the Act if the person holds or performs the duties of:\n (a) an office established by a provision of an enactment of the Northern Territory, being a provision relating to a matter in respect of which the Ministers of that Territory have executive authority; or\n (b) any of the following offices:\n (i) Auditor‑General;\n (ii) Australian Government Solicitor;\n (iii) President of the Defence Force Remuneration Tribunal;\n (iv) President of the Remuneration Tribunal;\n (v) Inspector of the National Anti‑Corruption Commission;\n (vi) Inspector‑General of Intelligence and Security.\n\n#### 8 Principal offices\n\n For the purposes of subparagraph (c)(i) of the definition of principal officer in subsection 3(1) of the Act, each office specified in column 1 of an item in the following table is declared to be the principal office in respect of the prescribed authority specified in column 2 of the table for the item.\n\n```html\n

Principal offices

Item

Column 1

Column 2

1

Chief Executive Officer

Australian Crime Commission

2

Electoral Commissioner

Australian Electoral Commission

3

Commissioner of Police

Australian Federal Police

4

Chief Executive Officer

Australian Institute of Marine Science

5

Vice‑Chancellor

Australian National University

6

Managing Director

Australian Postal Corporation

7

Chief Executive Officer

Australian Trade and Investment Commission

8

Director

Australian War Memorial

9

Managing Director

Export Finance and Insurance Corporation

10

Director‑General

National Library of Australia

11

Managing Director

Special Broadcasting Service Corporation

12

Managing Director

Tourism Australia

\n```\n\n#### 9 Actions deemed not to be taken by Attorney‑General’s Department\n\n (1) For the purposes of subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.\n (2) Subsection (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.\n\n#### 10 Members of court staff\n\n For the purposes of paragraph 3(14)(d) of the Act, if the administrative head of a court appoints a person as a security officer, that person is declared to be a member of the staff of the court for the purposes of the Act.\n\n#### 11 Commonwealth‑controlled companies to be taken to be prescribed authorities\n\n For the purposes of subsection 3A(3) of the Act, each of the following Commonwealth‑controlled companies is to be taken to be a prescribed authority:\n (a) Aboriginal Hostels Limited;\n (b) ANU Enterprise Pty Limited.\n\n#### 12 Prescribed terms and conditions\n\n For the purposes of subsection 21(2) of the Act, the terms and conditions set out in Part 7 of Determination 2017/06 that apply to a Departmental Secretary (within the meaning of the Remuneration Tribunal Act 1973) are prescribed.\n\n#### 13 Witness expenses\n\n If:\n (a) a person (the witness) attends before another person to answer questions relevant to an investigation in accordance with a notice served under subsection 9(1AA) or (2) of the Act; and\n (b) the witness incurs expenses or suffers losses in so attending;\n the witness may be paid an amount equal to so much of those expenses or losses as the Ombudsman considers reasonable.\n\n## Part 3—Defence Force Ombudsman\n\n#### 14 Conferral of functions on Defence Force Ombudsman—new complaints etc.\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions:\n (i) facilitating counselling for the complainant;\n (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;\n (iii) making a recommendation to the Defence Department in respect of the complaint;\n (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;\n (iv) deciding not to take, or to continue to take, action in response to the complaint; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and\n (c) the function of inquiring into matters relating to complaints of abuse, including, for example:\n (i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and\n (ii) the effectiveness and appropriateness of those procedures; and\n (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence.\n\n (1A) A complaint is a new complaint if:\n (a) the complaint is about abuse engaged in by a member of Defence; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or\n (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and\n (c) the complaint is not an excluded complaint.\n (1B) A new complaint is covered by this subsection if:\n (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or\n (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023.\n (2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint.\n (4) The Chief of the Defence Force and the Defence Secretary must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).\n\n#### 14A Payments to complainants—certain new complaints\n\n (1) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved the most serious forms of abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (2) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved unlawful interference with the complainant accompanied by some element of indecency;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (3) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (1) or (2) in relation to a new complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 14B Conferral of functions on Defence Force Ombudsman—old complaints\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of making recommendations under subsections (3) to (5) in relation to an old complaint if the Defence Force Ombudsman is satisfied that the abuse to which the old complaint relates is reasonably likely to have occurred; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a).\n (2) A complaint is an old complaint if:\n (a) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day; and\n (b) immediately before the amendment day, the Defence Force Ombudsman had finally dealt with the complaint; and\n (c) the complaint was about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (d) the complaint is not an excluded complaint.\n (3) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved the most serious forms of abuse, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (4) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved unlawful interference with the complainant accompanied by some element of indecency, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (5) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (3) or (4) in relation to an old complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 15 Transitional—conferral of functions on Defence Force Ombudsman\n\n Disclosure, collection and use of information and documents relating to the Defence Abuse Response Taskforce\n (1) The Defence Abuse Response Taskforce must disclose information and documents obtained by the Taskforce in the performance of its functions to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (2) The Attorney‑General’s Department must disclose information and documents relating to the Defence Abuse Response Taskforce to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (3) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (1) or (2), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Disclosure etc. of information and documents relating to new complaints or old complaints\n (4) A Department or prescribed authority may disclose information and documents relating to a new complaint, or an old complaint, of abuse to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her function under paragraph 14(1)(a) or 14B(1)(a) of this instrument.\n (5) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (4), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Interaction with the Privacy Act 1988\n (6) For the purposes of the Privacy Act 1988, disclosing information or documents to the Defence Force Ombudsman, as mentioned in subsections (1), (2) and (4), is taken to be authorised by this instrument.\n\n## Part 4—National Preventive Mechanism functions\n\n### Division 1—National Preventive Mechanism Body function\n\n#### 16 National Preventive Mechanism Body function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the National Preventive Mechanism Body function is conferred on the Ombudsman.\n (2) The National Preventive Mechanism Body function is to be performed for the purposes of giving effect to the Commonwealth’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol), so far as those obligations relate to places of detention under the control of the Commonwealth.\n\n> Note: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 2018 No. 5 (\\[2018\\] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (3) The National Preventive Mechanism Body function includes the following:\n (a) undertaking regular inspections of places of detention;\n (b) giving information to the United Nations Subcommittee on Prevention of Torture and other Cruel or Degrading Treatment or Punishment to facilitate the inspection of places of detention by the Subcommittee;\n (c) functions incidental to the function of National Preventive Mechanism Body.\n (4) For the purposes of this section, the Commonwealth’s obligations under the Optional Protocol do not include the obligations of each of the States and Territories under the Optional Protocol.\n\n### Division 2—National Preventive Mechanism Coordinator function\n\n#### 17 National Preventive Mechanism Coordinator function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the function of National Preventive Mechanism Coordinator is conferred on the Ombudsman.\n (2) The function of National Preventive Mechanism Coordinator is to be performed for the purposes of giving effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol).\n (3) The function of National Preventive Mechanism Coordinator includes the following:\n (a) consulting with governments and other bodies on the development of standards and principles regarding the treatment and conditions of persons deprived of their liberty;\n (b) collecting information on oversight arrangements in relation to persons deprived of their liberty and undertaking related research;\n (c) proposing options and developing resources to facilitate improvements in oversight arrangements in relation to persons deprived of their liberty, including by:\n (i) facilitating the sharing of expertise, knowledge and practice in order to build on the existing work of detention inspectorates of the Commonwealth, the States and the Territories; or\n (ii) proposing options for reducing duplication of, and overlap in, inspections of places of detention; or\n (iii) proposing options for covering gaps in oversight of places of detention;\n (d) communicating, on behalf of the National Preventive Mechanism Network, with the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (e) convening meetings and facilitating collaboration between any of the following for the purposes of giving effect to the Optional Protocol:\n (i) State and Territory governments and governments of other countries;\n (ii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (f) giving information to the following for the purposes of giving effect to the Optional Protocol:\n (i) the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (ii) State and Territory governments and governments of other countries;\n (iii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (g) reporting to the public and to Commonwealth, State and Territory Ministers on the following:\n (i) the implementation of the Optional Protocol;\n (ii) the activities of the National Preventive Mechanism Network;\n (h) making recommendations to the Commonwealth in relation to the implementation of the Optional Protocol;\n (i) functions incidental to the function of National Preventive Mechanism Coordinator.\n\n> Note: For National Preventive Mechanism Network, see section 5.\n\n (4) In performing the function of National Preventive Mechanism Coordinator, the Commonwealth Ombudsman must not compel or direct a person or body that is a part of the National Preventive Mechanism Network.","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"National Preventive Mechanism Body function","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Ombudsman Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Ombudsman Act 1976.\n\n#### 5 Definitions\n\n In this instrument:\n\n> abuse, in relation to a complainant, includes:\n\n (a) sexual abuse of the complainant; and\n (b) serious physical abuse of the complainant; and\n (c) serious bullying or harassment of the complainant.\n\n> Act means the Ombudsman Act 1976.\n\n> administrative head of a court has the meaning given by the Court Security Act 2013.\n\n> amendment day means the day on which the Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2017 commenced.\n\n> complainant includes:\n\n (a) a person who is or was a member of the Defence Force; and\n (b) a person who is or was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) a person who is or was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> court has the meaning given by the Court Security Act 2013.\n\n> Defence Abuse Response Taskforce means the taskforce established by the then Attorney‑General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.\n\n> Defence Department means the Department administered by the Minister administering section 1 of the Defence Act 1903.\n\n> Defence Force has the same meaning as in subsection 4(1) of the Defence Act 1903.\n\n> Defence Secretary means the Secretary of the Defence Department.\n\n> Determination 2017/06 means the instrument made by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973 that is known as Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions, as in force when this instrument commenced.\n\n> excluded complaint means a complaint that:\n\n (a) was previously made to, and dealt with by, the Defence Abuse Response Taskforce; or\n (b) is the same in substance as a complaint that was previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> member of Defence, in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:\n\n (a) was a member of the Defence Force; and\n (b) was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> National Preventive Mechanism Network means the persons and bodies separately appointed or established by the Commonwealth and each State and Territory to give effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.\n\n> new complaint has the meaning given by subsection 14(1A).\n\n> old complaint has the meaning given by subsection 14B(2).\n\n> restorative engagement conference means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.\n\n## Part 2—General matters\n\n#### 6 Bodies not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (a)(iii) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following bodies is not to be taken to be a prescribed authority for the purposes of the Act:\n (b) the Commonwealth Grants Commission;\n (c) the Defence Force Remuneration Tribunal;\n (d) the Pharmaceutical Benefits Remuneration Tribunal;\n (e) the Remuneration Tribunal;\n (f) the Shire of the Cocos (Keeling) Islands.\n\n#### 7 Persons not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (c)(ii) of the definition of prescribed authority in subsection 3(1) of the Act, a person is not to be taken to be a prescribed authority for the purposes of the Act if the person holds or performs the duties of:\n (a) an office established by a provision of an enactment of the Northern Territory, being a provision relating to a matter in respect of which the Ministers of that Territory have executive authority; or\n (b) any of the following offices:\n (i) Auditor‑General;\n (ii) Australian Government Solicitor;\n (iii) President of the Defence Force Remuneration Tribunal;\n (iv) President of the Remuneration Tribunal;\n (v) Inspector of the National Anti‑Corruption Commission;\n (vi) Inspector‑General of Intelligence and Security.\n\n#### 8 Principal offices\n\n For the purposes of subparagraph (c)(i) of the definition of principal officer in subsection 3(1) of the Act, each office specified in column 1 of an item in the following table is declared to be the principal office in respect of the prescribed authority specified in column 2 of the table for the item.\n\n```html\n

Principal offices

Item

Column 1

Column 2

1

Chief Executive Officer

Australian Crime Commission

2

Electoral Commissioner

Australian Electoral Commission

3

Commissioner of Police

Australian Federal Police

4

Chief Executive Officer

Australian Institute of Marine Science

5

Vice‑Chancellor

Australian National University

6

Managing Director

Australian Postal Corporation

7

Chief Executive Officer

Australian Trade and Investment Commission

8

Director

Australian War Memorial

9

Managing Director

Export Finance and Insurance Corporation

10

Director‑General

National Library of Australia

11

Managing Director

Special Broadcasting Service Corporation

12

Managing Director

Tourism Australia

\n```\n\n#### 9 Actions deemed not to be taken by Attorney‑General’s Department\n\n (1) For the purposes of subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.\n (2) Subsection (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.\n\n#### 10 Members of court staff\n\n For the purposes of paragraph 3(14)(d) of the Act, if the administrative head of a court appoints a person as a security officer, that person is declared to be a member of the staff of the court for the purposes of the Act.\n\n#### 11 Commonwealth‑controlled companies to be taken to be prescribed authorities\n\n For the purposes of subsection 3A(3) of the Act, each of the following Commonwealth‑controlled companies is to be taken to be a prescribed authority:\n (a) Aboriginal Hostels Limited;\n (b) ANU Enterprise Pty Limited.\n\n#### 12 Prescribed terms and conditions\n\n For the purposes of subsection 21(2) of the Act, the terms and conditions set out in Part 7 of Determination 2017/06 that apply to a Departmental Secretary (within the meaning of the Remuneration Tribunal Act 1973) are prescribed.\n\n#### 13 Witness expenses\n\n If:\n (a) a person (the witness) attends before another person to answer questions relevant to an investigation in accordance with a notice served under subsection 9(1AA) or (2) of the Act; and\n (b) the witness incurs expenses or suffers losses in so attending;\n the witness may be paid an amount equal to so much of those expenses or losses as the Ombudsman considers reasonable.\n\n## Part 3—Defence Force Ombudsman\n\n#### 14 Conferral of functions on Defence Force Ombudsman—new complaints etc.\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions:\n (i) facilitating counselling for the complainant;\n (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;\n (iii) making a recommendation to the Defence Department in respect of the complaint;\n (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;\n (iv) deciding not to take, or to continue to take, action in response to the complaint; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and\n (c) the function of inquiring into matters relating to complaints of abuse, including, for example:\n (i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and\n (ii) the effectiveness and appropriateness of those procedures; and\n (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence.\n\n (1A) A complaint is a new complaint if:\n (a) the complaint is about abuse engaged in by a member of Defence; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or\n (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and\n (c) the complaint is not an excluded complaint.\n (1B) A new complaint is covered by this subsection if:\n (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or\n (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023.\n (2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint.\n (4) The Chief of the Defence Force and the Defence Secretary must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).\n\n#### 14A Payments to complainants—certain new complaints\n\n (1) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved the most serious forms of abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (2) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved unlawful interference with the complainant accompanied by some element of indecency;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (3) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (1) or (2) in relation to a new complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 14B Conferral of functions on Defence Force Ombudsman—old complaints\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of making recommendations under subsections (3) to (5) in relation to an old complaint if the Defence Force Ombudsman is satisfied that the abuse to which the old complaint relates is reasonably likely to have occurred; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a).\n (2) A complaint is an old complaint if:\n (a) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day; and\n (b) immediately before the amendment day, the Defence Force Ombudsman had finally dealt with the complaint; and\n (c) the complaint was about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (d) the complaint is not an excluded complaint.\n (3) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved the most serious forms of abuse, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (4) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved unlawful interference with the complainant accompanied by some element of indecency, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (5) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (3) or (4) in relation to an old complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 15 Transitional—conferral of functions on Defence Force Ombudsman\n\n Disclosure, collection and use of information and documents relating to the Defence Abuse Response Taskforce\n (1) The Defence Abuse Response Taskforce must disclose information and documents obtained by the Taskforce in the performance of its functions to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (2) The Attorney‑General’s Department must disclose information and documents relating to the Defence Abuse Response Taskforce to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (3) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (1) or (2), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Disclosure etc. of information and documents relating to new complaints or old complaints\n (4) A Department or prescribed authority may disclose information and documents relating to a new complaint, or an old complaint, of abuse to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her function under paragraph 14(1)(a) or 14B(1)(a) of this instrument.\n (5) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (4), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Interaction with the Privacy Act 1988\n (6) For the purposes of the Privacy Act 1988, disclosing information or documents to the Defence Force Ombudsman, as mentioned in subsections (1), (2) and (4), is taken to be authorised by this instrument.\n\n## Part 4—National Preventive Mechanism functions\n\n### Division 1—National Preventive Mechanism Body function\n\n#### 16 National Preventive Mechanism Body function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the National Preventive Mechanism Body function is conferred on the Ombudsman.\n (2) The National Preventive Mechanism Body function is to be performed for the purposes of giving effect to the Commonwealth’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol), so far as those obligations relate to places of detention under the control of the Commonwealth.\n\n> Note: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 2018 No. 5 (\\[2018\\] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (3) The National Preventive Mechanism Body function includes the following:\n (a) undertaking regular inspections of places of detention;\n (b) giving information to the United Nations Subcommittee on Prevention of Torture and other Cruel or Degrading Treatment or Punishment to facilitate the inspection of places of detention by the Subcommittee;\n (c) functions incidental to the function of National Preventive Mechanism Body.\n (4) For the purposes of this section, the Commonwealth’s obligations under the Optional Protocol do not include the obligations of each of the States and Territories under the Optional Protocol.\n\n### Division 2—National Preventive Mechanism Coordinator function\n\n#### 17 National Preventive Mechanism Coordinator function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the function of National Preventive Mechanism Coordinator is conferred on the Ombudsman.\n (2) The function of National Preventive Mechanism Coordinator is to be performed for the purposes of giving effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol).\n (3) The function of National Preventive Mechanism Coordinator includes the following:\n (a) consulting with governments and other bodies on the development of standards and principles regarding the treatment and conditions of persons deprived of their liberty;\n (b) collecting information on oversight arrangements in relation to persons deprived of their liberty and undertaking related research;\n (c) proposing options and developing resources to facilitate improvements in oversight arrangements in relation to persons deprived of their liberty, including by:\n (i) facilitating the sharing of expertise, knowledge and practice in order to build on the existing work of detention inspectorates of the Commonwealth, the States and the Territories; or\n (ii) proposing options for reducing duplication of, and overlap in, inspections of places of detention; or\n (iii) proposing options for covering gaps in oversight of places of detention;\n (d) communicating, on behalf of the National Preventive Mechanism Network, with the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (e) convening meetings and facilitating collaboration between any of the following for the purposes of giving effect to the Optional Protocol:\n (i) State and Territory governments and governments of other countries;\n (ii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (f) giving information to the following for the purposes of giving effect to the Optional Protocol:\n (i) the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (ii) State and Territory governments and governments of other countries;\n (iii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (g) reporting to the public and to Commonwealth, State and Territory Ministers on the following:\n (i) the implementation of the Optional Protocol;\n (ii) the activities of the National Preventive Mechanism Network;\n (h) making recommendations to the Commonwealth in relation to the implementation of the Optional Protocol;\n (i) functions incidental to the function of National Preventive Mechanism Coordinator.\n\n> Note: For National Preventive Mechanism Network, see section 5.\n\n (4) In performing the function of National Preventive Mechanism Coordinator, the Commonwealth Ombudsman must not compel or direct a person or body that is a part of the National Preventive Mechanism Network.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"National Preventive Mechanism Body function","content":"#### 16 National Preventive Mechanism Body function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the National Preventive Mechanism Body function is conferred on the Ombudsman.\n (2) The National Preventive Mechanism Body function is to be performed for the purposes of giving effect to the Commonwealth’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol), so far as those obligations relate to places of detention under the control of the Commonwealth.\n\n> Note: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 2018 No. 5 (\\[2018\\] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (3) The National Preventive Mechanism Body function includes the following:\n (a) undertaking regular inspections of places of detention;\n (b) giving information to the United Nations Subcommittee on Prevention of Torture and other Cruel or Degrading Treatment or Punishment to facilitate the inspection of places of detention by the Subcommittee;\n (c) functions incidental to the function of National Preventive Mechanism Body.\n (4) For the purposes of this section, the Commonwealth’s obligations under the Optional Protocol do not include the obligations of each of the States and Territories under the Optional Protocol.","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"National Preventive Mechanism Coordinator function","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Ombudsman Regulations 2017.\n\n#### 3 Authority\n\n This instrument is made under the Ombudsman Act 1976.\n\n#### 5 Definitions\n\n In this instrument:\n\n> abuse, in relation to a complainant, includes:\n\n (a) sexual abuse of the complainant; and\n (b) serious physical abuse of the complainant; and\n (c) serious bullying or harassment of the complainant.\n\n> Act means the Ombudsman Act 1976.\n\n> administrative head of a court has the meaning given by the Court Security Act 2013.\n\n> amendment day means the day on which the Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulations 2017 commenced.\n\n> complainant includes:\n\n (a) a person who is or was a member of the Defence Force; and\n (b) a person who is or was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) a person who is or was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> court has the meaning given by the Court Security Act 2013.\n\n> Defence Abuse Response Taskforce means the taskforce established by the then Attorney‑General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.\n\n> Defence Department means the Department administered by the Minister administering section 1 of the Defence Act 1903.\n\n> Defence Force has the same meaning as in subsection 4(1) of the Defence Act 1903.\n\n> Defence Secretary means the Secretary of the Defence Department.\n\n> Determination 2017/06 means the instrument made by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973 that is known as Determination 2017/06: Departmental Secretaries ‑ Classification Structure and Terms and Conditions, as in force when this instrument commenced.\n\n> excluded complaint means a complaint that:\n\n (a) was previously made to, and dealt with by, the Defence Abuse Response Taskforce; or\n (b) is the same in substance as a complaint that was previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> member of Defence, in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:\n\n (a) was a member of the Defence Force; and\n (b) was an APS employee deployed outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and\n (c) was contracted to provide services outside Australia:\n (i) in connection with an operation of the Defence Force; or\n (ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.\n\n> National Preventive Mechanism Network means the persons and bodies separately appointed or established by the Commonwealth and each State and Territory to give effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.\n\n> new complaint has the meaning given by subsection 14(1A).\n\n> old complaint has the meaning given by subsection 14B(2).\n\n> restorative engagement conference means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.\n\n## Part 2—General matters\n\n#### 6 Bodies not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (a)(iii) of the definition of prescribed authority in subsection 3(1) of the Act, each of the following bodies is not to be taken to be a prescribed authority for the purposes of the Act:\n (b) the Commonwealth Grants Commission;\n (c) the Defence Force Remuneration Tribunal;\n (d) the Pharmaceutical Benefits Remuneration Tribunal;\n (e) the Remuneration Tribunal;\n (f) the Shire of the Cocos (Keeling) Islands.\n\n#### 7 Persons not to be taken to be prescribed authorities for the purposes of the Act\n\n For the purposes of subparagraph (c)(ii) of the definition of prescribed authority in subsection 3(1) of the Act, a person is not to be taken to be a prescribed authority for the purposes of the Act if the person holds or performs the duties of:\n (a) an office established by a provision of an enactment of the Northern Territory, being a provision relating to a matter in respect of which the Ministers of that Territory have executive authority; or\n (b) any of the following offices:\n (i) Auditor‑General;\n (ii) Australian Government Solicitor;\n (iii) President of the Defence Force Remuneration Tribunal;\n (iv) President of the Remuneration Tribunal;\n (v) Inspector of the National Anti‑Corruption Commission;\n (vi) Inspector‑General of Intelligence and Security.\n\n#### 8 Principal offices\n\n For the purposes of subparagraph (c)(i) of the definition of principal officer in subsection 3(1) of the Act, each office specified in column 1 of an item in the following table is declared to be the principal office in respect of the prescribed authority specified in column 2 of the table for the item.\n\n```html\n

Principal offices

Item

Column 1

Column 2

1

Chief Executive Officer

Australian Crime Commission

2

Electoral Commissioner

Australian Electoral Commission

3

Commissioner of Police

Australian Federal Police

4

Chief Executive Officer

Australian Institute of Marine Science

5

Vice‑Chancellor

Australian National University

6

Managing Director

Australian Postal Corporation

7

Chief Executive Officer

Australian Trade and Investment Commission

8

Director

Australian War Memorial

9

Managing Director

Export Finance and Insurance Corporation

10

Director‑General

National Library of Australia

11

Managing Director

Special Broadcasting Service Corporation

12

Managing Director

Tourism Australia

\n```\n\n#### 9 Actions deemed not to be taken by Attorney‑General’s Department\n\n (1) For the purposes of subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.\n (2) Subsection (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.\n\n#### 10 Members of court staff\n\n For the purposes of paragraph 3(14)(d) of the Act, if the administrative head of a court appoints a person as a security officer, that person is declared to be a member of the staff of the court for the purposes of the Act.\n\n#### 11 Commonwealth‑controlled companies to be taken to be prescribed authorities\n\n For the purposes of subsection 3A(3) of the Act, each of the following Commonwealth‑controlled companies is to be taken to be a prescribed authority:\n (a) Aboriginal Hostels Limited;\n (b) ANU Enterprise Pty Limited.\n\n#### 12 Prescribed terms and conditions\n\n For the purposes of subsection 21(2) of the Act, the terms and conditions set out in Part 7 of Determination 2017/06 that apply to a Departmental Secretary (within the meaning of the Remuneration Tribunal Act 1973) are prescribed.\n\n#### 13 Witness expenses\n\n If:\n (a) a person (the witness) attends before another person to answer questions relevant to an investigation in accordance with a notice served under subsection 9(1AA) or (2) of the Act; and\n (b) the witness incurs expenses or suffers losses in so attending;\n the witness may be paid an amount equal to so much of those expenses or losses as the Ombudsman considers reasonable.\n\n## Part 3—Defence Force Ombudsman\n\n#### 14 Conferral of functions on Defence Force Ombudsman—new complaints etc.\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of taking appropriate action to respond to a new complaint of abuse made by a complainant if the Defence Force Ombudsman is satisfied that the abuse is reasonably likely to have occurred, including any of the following actions:\n (i) facilitating counselling for the complainant;\n (ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;\n (iii) making a recommendation to the Defence Department in respect of the complaint;\n (iiia) if the complaint is covered by subsection (1B)—making recommendations under section 14A in respect of the complaint;\n (iv) deciding not to take, or to continue to take, action in response to the complaint; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and\n (c) the function of inquiring into matters relating to complaints of abuse, including, for example:\n (i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and\n (ii) the effectiveness and appropriateness of those procedures; and\n (d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.\n\n> Note: In addition to the ways mentioned in paragraph (a), certain provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory or a military justice authority for investigation and possible prosecution of an offence.\n\n (1A) A complaint is a new complaint if:\n (a) the complaint is about abuse engaged in by a member of Defence; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or after the amendment day; or\n (ii) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day and, immediately before the amendment day, the complaint had not been finally dealt with; and\n (c) the complaint is not an excluded complaint.\n (1B) A new complaint is covered by this subsection if:\n (a) the complaint is about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (b) either:\n (i) the complaint is made to the Defence Force Ombudsman on or before 30 June 2022; or\n (ii) a written notice of intention to make the complaint is given to the Defence Force Ombudsman on or before 30 June 2022 and the complaint is made to the Defence Force Ombudsman on or before 30 June 2023.\n (2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint.\n (4) The Chief of the Defence Force and the Defence Secretary must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).\n\n#### 14A Payments to complainants—certain new complaints\n\n (1) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved the most serious forms of abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (2) If:\n (a) a complainant makes a new complaint of abuse covered by subsection 14(1B); and\n (b) the Defence Force Ombudsman is satisfied that the abuse involved unlawful interference with the complainant accompanied by some element of indecency;\n the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (3) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (1) or (2) in relation to a new complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 14B Conferral of functions on Defence Force Ombudsman—old complaints\n\n (1) For the purposes of paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:\n (a) the function of making recommendations under subsections (3) to (5) in relation to an old complaint if the Defence Force Ombudsman is satisfied that the abuse to which the old complaint relates is reasonably likely to have occurred; and\n (b) functions that are ancillary or incidental to the function mentioned in paragraph (a).\n (2) A complaint is an old complaint if:\n (a) the complaint was made to the Defence Force Ombudsman on or after 1 December 2016 but before the amendment day; and\n (b) immediately before the amendment day, the Defence Force Ombudsman had finally dealt with the complaint; and\n (c) the complaint was about abuse allegedly engaged in by a member of Defence on or before 30 June 2014; and\n (d) the complaint is not an excluded complaint.\n (3) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved the most serious forms of abuse, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $45,000 to the complainant.\n (4) If the Defence Force Ombudsman is satisfied that the abuse to which an old complaint relates involved unlawful interference with the complainant accompanied by some element of indecency, the Defence Force Ombudsman may recommend that the Defence Secretary make a reparation payment of up to $20,000 to the complainant.\n (5) If:\n (a) the Defence Force Ombudsman makes a recommendation under subsection (3) or (4) in relation to an old complaint of abuse made by a complainant; and\n (b) the Defence Force Ombudsman is reasonably satisfied that the Defence Department did not respond appropriately to the abuse;\n the Defence Force Ombudsman may recommend that the Defence Secretary make an additional payment of up to $5,000 to the complainant.\n\n#### 15 Transitional—conferral of functions on Defence Force Ombudsman\n\n Disclosure, collection and use of information and documents relating to the Defence Abuse Response Taskforce\n (1) The Defence Abuse Response Taskforce must disclose information and documents obtained by the Taskforce in the performance of its functions to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (2) The Attorney‑General’s Department must disclose information and documents relating to the Defence Abuse Response Taskforce to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her functions under the Act or this instrument.\n (3) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (1) or (2), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Disclosure etc. of information and documents relating to new complaints or old complaints\n (4) A Department or prescribed authority may disclose information and documents relating to a new complaint, or an old complaint, of abuse to the Defence Force Ombudsman for the purposes of the Defence Force Ombudsman performing his or her function under paragraph 14(1)(a) or 14B(1)(a) of this instrument.\n (5) The Defence Force Ombudsman may collect and use information or documents disclosed under subsection (4), or disclose information or documents, for the purposes of performing his or her functions under the Act or this instrument.\n Interaction with the Privacy Act 1988\n (6) For the purposes of the Privacy Act 1988, disclosing information or documents to the Defence Force Ombudsman, as mentioned in subsections (1), (2) and (4), is taken to be authorised by this instrument.\n\n## Part 4—National Preventive Mechanism functions\n\n### Division 1—National Preventive Mechanism Body function\n\n#### 16 National Preventive Mechanism Body function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the National Preventive Mechanism Body function is conferred on the Ombudsman.\n (2) The National Preventive Mechanism Body function is to be performed for the purposes of giving effect to the Commonwealth’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol), so far as those obligations relate to places of detention under the control of the Commonwealth.\n\n> Note: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 2018 No. 5 (\\[2018\\] ATS 5) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (3) The National Preventive Mechanism Body function includes the following:\n (a) undertaking regular inspections of places of detention;\n (b) giving information to the United Nations Subcommittee on Prevention of Torture and other Cruel or Degrading Treatment or Punishment to facilitate the inspection of places of detention by the Subcommittee;\n (c) functions incidental to the function of National Preventive Mechanism Body.\n (4) For the purposes of this section, the Commonwealth’s obligations under the Optional Protocol do not include the obligations of each of the States and Territories under the Optional Protocol.\n\n### Division 2—National Preventive Mechanism Coordinator function\n\n#### 17 National Preventive Mechanism Coordinator function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the function of National Preventive Mechanism Coordinator is conferred on the Ombudsman.\n (2) The function of National Preventive Mechanism Coordinator is to be performed for the purposes of giving effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol).\n (3) The function of National Preventive Mechanism Coordinator includes the following:\n (a) consulting with governments and other bodies on the development of standards and principles regarding the treatment and conditions of persons deprived of their liberty;\n (b) collecting information on oversight arrangements in relation to persons deprived of their liberty and undertaking related research;\n (c) proposing options and developing resources to facilitate improvements in oversight arrangements in relation to persons deprived of their liberty, including by:\n (i) facilitating the sharing of expertise, knowledge and practice in order to build on the existing work of detention inspectorates of the Commonwealth, the States and the Territories; or\n (ii) proposing options for reducing duplication of, and overlap in, inspections of places of detention; or\n (iii) proposing options for covering gaps in oversight of places of detention;\n (d) communicating, on behalf of the National Preventive Mechanism Network, with the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (e) convening meetings and facilitating collaboration between any of the following for the purposes of giving effect to the Optional Protocol:\n (i) State and Territory governments and governments of other countries;\n (ii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (f) giving information to the following for the purposes of giving effect to the Optional Protocol:\n (i) the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (ii) State and Territory governments and governments of other countries;\n (iii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (g) reporting to the public and to Commonwealth, State and Territory Ministers on the following:\n (i) the implementation of the Optional Protocol;\n (ii) the activities of the National Preventive Mechanism Network;\n (h) making recommendations to the Commonwealth in relation to the implementation of the Optional Protocol;\n (i) functions incidental to the function of National Preventive Mechanism Coordinator.\n\n> Note: For National Preventive Mechanism Network, see section 5.\n\n (4) In performing the function of National Preventive Mechanism Coordinator, the Commonwealth Ombudsman must not compel or direct a person or body that is a part of the National Preventive Mechanism Network.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"National Preventive Mechanism Coordinator function","content":"#### 17 National Preventive Mechanism Coordinator function\n\n (1) For the purposes of paragraph 4(2)(a) of the Act, the function of National Preventive Mechanism Coordinator is conferred on the Ombudsman.\n (2) The function of National Preventive Mechanism Coordinator is to be performed for the purposes of giving effect to Australia’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Optional Protocol).\n (3) The function of National Preventive Mechanism Coordinator includes the following:\n (a) consulting with governments and other bodies on the development of standards and principles regarding the treatment and conditions of persons deprived of their liberty;\n (b) collecting information on oversight arrangements in relation to persons deprived of their liberty and undertaking related research;\n (c) proposing options and developing resources to facilitate improvements in oversight arrangements in relation to persons deprived of their liberty, including by:\n (i) facilitating the sharing of expertise, knowledge and practice in order to build on the existing work of detention inspectorates of the Commonwealth, the States and the Territories; or\n (ii) proposing options for reducing duplication of, and overlap in, inspections of places of detention; or\n (iii) proposing options for covering gaps in oversight of places of detention;\n (d) communicating, on behalf of the National Preventive Mechanism Network, with the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (e) convening meetings and facilitating collaboration between any of the following for the purposes of giving effect to the Optional Protocol:\n (i) State and Territory governments and governments of other countries;\n (ii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (f) giving information to the following for the purposes of giving effect to the Optional Protocol:\n (i) the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;\n (ii) State and Territory governments and governments of other countries;\n (iii) National Preventive Mechanism persons and bodies, including such persons and bodies outside Australia;\n (g) reporting to the public and to Commonwealth, State and Territory Ministers on the following:\n (i) the implementation of the Optional Protocol;\n (ii) the activities of the National Preventive Mechanism Network;\n (h) making recommendations to the Commonwealth in relation to the implementation of the Optional Protocol;\n (i) functions incidental to the function of National Preventive Mechanism Coordinator.\n\n> Note: For National Preventive Mechanism Network, see section 5.\n\n (4) In performing the function of National Preventive Mechanism Coordinator, the Commonwealth Ombudsman must not compel or direct a person or body that is a part of the National Preventive Mechanism Network.","sortOrder":22}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":817},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond traditional Ombudsman functions. Originally focused on investigating individual complaints about government agencies, it now encompasses: (1) a specialised historical abuse redress scheme for Defence with payment recommendations up to $50,000, effectively creating a quasi-compensation tribunal function; (2) systemic preventive oversight of detention facilities for torture prevention under international treaty obligations; and (3) national coordination of state/territory bodies. The Defence Force Ombudsman provisions in particular represent a major scope expansion into restorative justice and reparations that goes well beyond standard administrative complaint handling."},"complexity_factors":["Multiple overlapping complaint categories with distinct definitions ('new complaint', 'old complaint', 'excluded complaint') each with their own temporal and substantive thresholds","Extensive cross-referencing to other legislation including the Ombudsman Act 1976, Defence Act 1903, Court Security Act 2013, Remuneration Tribunal Act 1973, and Privacy Act 1988","Nested conditional logic for reparation payments with multiple tiers ($45,000/$20,000/$5,000) depending on abuse severity and Defence Department response","Strict cut-off dates (30 June 2014 for alleged abuse, 30 June 2022/2023 for complaints) creating complex transitional arrangements","Broad definition of 'complainant' and 'member of Defence' capturing military personnel, APS employees, and contractors in overseas operations","Duplicative structure with Parts 1-3 repeated multiple times in the instrument creating parsing challenges","Table-based principal office declarations linking 12 specific office titles to agencies"],"plain_english_summary":"This regulation sets out detailed rules for how the Commonwealth Ombudsman operates, with three main areas of focus:\n\n**1. General administrative matters**\n- Defines which government bodies and officials **are not** covered by the Ombudsman's oversight (including various tribunals, the Auditor-General, and certain Northern Territory offices)\n- Lists the \"principal officers\" for 12 specific agencies (like the Australian Federal Police Commissioner and the Electoral Commissioner) who can be contacted about complaints\n- Clarifies that Australian Government Solicitor actions aren't treated as Attorney-General's Department actions for most purposes\n- Allows witnesses to claim reasonable expenses when required to attend Ombudsman investigations\n\n**2. Defence Force Ombudsman functions** (addressing historical abuse in the military)\n- Creates a special complaints process for **sexual abuse, serious physical abuse, and serious bullying/harassment** involving Defence members\n- Covers current and former Defence Force members, plus certain civilian employees and contractors deployed overseas\n- Distinguishes between **\"new complaints\"** (made from late 2016 onwards) and **\"old complaints\"** (made earlier but finally dealt with before mid-2017)\n- Allows the Defence Force Ombudsman to recommend **reparation payments** of up to $45,000 for the most serious abuse, $20,000 for other qualifying abuse, and an extra $5,000 if Defence responded poorly\n- Sets strict deadlines: complaints must generally relate to abuse before 30 June 2014 and be made by 30 June 2022 (or notice given by then and complaint lodged by 30 June 2023)\n- Excludes complaints already handled by the earlier Defence Abuse Response Taskforce\n- Requires Defence leadership to assist the Ombudsman\n\n**3. National Preventive Mechanism functions** (torture prevention)\n- Makes the Ombudsman responsible for **inspecting Commonwealth places of detention** (prisons, immigration detention, etc.) to prevent torture and cruel treatment\n- Requires coordination with a national network of similar bodies across all states and territories\n- Involves reporting to the UN and Australian governments on detention conditions\n\nThe regulation essentially expands the Ombudsman's role from handling individual complaints to also addressing systemic issues in Defence culture and Australia's international human rights obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expands and clarifies the Ombudsman framework by conferring additional, specified functions on the Defence Force Ombudsman (new and old complaint handling, monetary reparation recommendations and inquiries into Defence procedures) and by assigning the Commonwealth Ombudsman the National Preventive Mechanism Body and Coordinator roles (regular inspections and network coordination). The instrument also creates mandatory disclosure and transitional arrangements for Defence Abuse Response Taskforce records and sets time‑limited windows for eligibility (s14, s14A, s14B, s15, s16–17). These additions extend the practical scope of Ombudsman activity beyond the Act’s baseline by adding monetary recommendation powers, explicit obligations on Defence and other departments to assist and disclose, and international‑facing inspection and coordination duties."},"complexity_factors":["Extensive cross-references to the Ombudsman Act 1976 and to external instruments (e.g. Determination 2017/06) require reading multiple texts together (s3, s12).","Numerous defined terms with precise temporal and factual limits (e.g. definitions of \"new complaint\" and \"old complaint\", \"amendment day\") create conditional scope and deadlines (s5, s14(1A), s14(1B), s14B(2)).","High degree of decision-making discretion vested in the Ombudsman via \"satisfied\" and \"reasonably satisfied\" standards (s14, s14A, s14B).","Multiple mandatory and permissive disclosure rules and interaction with the Privacy Act 1988 require careful handling of sensitive records (s15(1)–(6)).","Devolved responsibilities across agencies (Defence, Attorney‑General’s Department, Defence Abuse Response Taskforce, Ombudsman) increase coordination and implementation complexity (s14(4), s15).","Introduction of capped monetary recommendations with separate categories and an additional discretionary top-up payment creates multi-layered eligibility and assessment steps (s14A, s14B).","National Preventive Mechanism functions combine inspection, reporting, coordination and international liaison duties, which involve inter-jurisdictional cooperation without compulsion (s16–17)."],"plain_english_summary":"### What this instrument does\n\n- Names the instrument (Ombudsman Regulations 2017) and states it is made under the Ombudsman Act 1976 (sections 1, 3). (s1, s3)\n- Establishes definitions used throughout the instrument, including who counts as a complainant and what counts as abuse, and defines terms such as \"amendment day\", \"new complaint\" and \"old complaint\". These definitions determine which people and events the rest of the rules cover. (s5)\n- Clarifies which bodies and persons are not to be treated as \"prescribed authorities\" for the purposes of the Ombudsman Act, and declares a table of principal offices for certain Commonwealth bodies (affects who is a \"principal officer\" for Act purposes). (s6–8)\n- States that actions taken by the Australian Government Solicitor or officers acting for that office are not to be treated as actions of the Attorney‑General’s Department for specified purposes, with an exception for disclosable conduct. (s9)\n- Declares that a court security officer appointed by a court administrative head is a member of court staff for Act purposes. (s10)\n- Treats two Commonwealth‑controlled companies as prescribed authorities for the Act. (s11)\n- Prescribes that certain terms and conditions applying to Departmental Secretaries in Determination 2017/06 are to be treated as prescribed terms and conditions under the Act. (s12)\n- Allows the Ombudsman to pay witnesses reasonable expenses or losses incurred when attending under certain investigative notices. (s13)\n\nParticular, operational changes introduced for Defence‑related complaints and detention oversight\n\n- Confers specific functions on the Defence Force Ombudsman to respond to complaints of abuse by members of Defence (including counselling facilitation, alternative dispute resolution/restorative engagement, making recommendations to the Defence Department, and deciding not to act) when the Defence Force Ombudsman is satisfied the abuse is reasonably likely to have occurred. The Defence Force Ombudsman may also inquire into Defence procedures for handling such complaints. (s14(1)(a)–(c))\n- Defines two temporal categories of complaints:\n - \"New complaints\" (complaints made on or after the amendment day, or made to the Defence Force Ombudsman from 1 Dec 2016 that had not been finally dealt with before the amendment day), excluding complaints already dealt with by the Defence Abuse Response Taskforce. (s14(1A))\n - A subset of new complaints that relate to alleged abuse on or before 30 June 2014 and that must be made or notified by specified dates (to be covered for reparations recommendations). (s14(1B))\n - \"Old complaints\" (complaints made to the Defence Force Ombudsman between 1 Dec 2016 and the amendment day that had been finally dealt with before the amendment day, about alleged abuse on or before 30 June 2014), excluding complaints handled by the Defence Abuse Response Taskforce. (s14B(2))\n- Gives the Defence Force Ombudsman the power to recommend reparation payments to complainants in certain categories:\n - Up to $45,000 where the Ombudsman is satisfied the abuse involved the most serious forms of abuse. (s14A(1); s14B(3))\n - Up to $20,000 where the Ombudsman is satisfied the abuse involved unlawful interference with an element of indecency. (s14A(2); s14B(4))\n - Up to an additional $5,000 where the Ombudsman recommends payment under those provisions and is satisfied the Defence Department did not respond appropriately to the abuse. (s14A(3); s14B(5))\n The Ombudsman recommends; the Defence Secretary is the recipient of the recommendation and the person to make the payment. (s14A(1)–(3))\n- Requires the Defence Abuse Response Taskforce and the Attorney‑General’s Department to disclose information and documents obtained by the Taskforce to the Defence Force Ombudsman, and authorises Departments and prescribed authorities to disclose information on new/old complaints to the Defence Force Ombudsman for the Ombudsman’s functions. The instrument treats such disclosure as authorised for the purposes of the Privacy Act 1988. (s15(1)–(6))\n- Construes the Commonwealth Ombudsman as the National Preventive Mechanism Body and Coordinator under Australia’s obligations in the Optional Protocol to the Convention against Torture (the Optional Protocol). This gives the Ombudsman functions including regular inspections of Commonwealth detention places, providing information to the UN Subcommittee to facilitate inspections, coordinating and facilitating collaboration among the National Preventive Mechanism Network, conducting research, proposing options to reduce duplication or cover gaps, and reporting on implementation. The Commonwealth Ombudsman is explicitly not permitted to compel or direct Network members. (s16–17)\n\nWho pays, who decides, and what changes in behaviour the instrument creates\n\n- Who pays: the Defence Secretary is the official recipient of recommendations to make reparation payments to complainants; witness expenses are payable at the Ombudsman’s discretion (s13, s14A, s14B). Any actual payment would be a departmental outlay for the Defence Department when the Defence Secretary acts on a recommendation. (s14A, s14B)\n- Who decides: the Defence Force Ombudsman decides (using statutory discretion) whether the Ombudsman is satisfied that alleged abuse is reasonably likely to have occurred and whether the legal thresholds for recommending reparation payments are met; the Defence Secretary decides whether to make payments following recommendation. The Commonwealth Ombudsman decides how to exercise NPM inspection and coordination functions but must not compel Network members. (s14, s14A, s14B, s16–17(4))\n- Behaviour changes required:\n - Defence, the Defence Secretary and the Chief of the Defence Force are required to \"use their best endeavours\" to assist the Defence Force Ombudsman in performing functions (s14(4)).\n - The Defence Abuse Response Taskforce and Attorney‑General’s Department must disclose Taskforce documents to the Defence Force Ombudsman (s15(1)–(2)); other Departments may disclose information on new/old complaints (s15(4)).\n - The Commonwealth Ombudsman will undertake regular inspections of Commonwealth detention places and coordinate information-sharing and standards work with States, Territories and other National Preventive Mechanism participants (s16–17).\n\nTests of the official purpose-claims against costs, incentives, trade-offs and risks\n\n- Official purpose-claims: the instrument sets out functions to respond to historical and recent complaints of abuse and to give effect to the Commonwealth’s Optional Protocol obligations by assigning inspection and coordination functions to the Ombudsman (s14, s16–17). Those functions create identifiable costs and incentives:\n - Costs: potential reparation payments (up to stated maxima) and witness expenses are direct costs that, if paid, will be borne by the Defence Department or by the Commonwealth through departmental budgets (s13, s14A, s14B). There are also administrative costs in collecting, disclosing and managing historical Taskforce documents and in conducting inspections and coordination work (s15, s16–17).\n - Incentives: complainants gain a route to Ombudsman handling and possible reparation recommendations (s14–14B). Defence has an incentive to cooperate (best endeavours obligation) and to respond appropriately to avoid an additional $5,000 recommendation (s14(4), s14A(3), s14B(5)). Departments hold discretion to disclose or withhold non‑Taskforce information, but Taskforce and AG Dept disclosures are mandatory (s15(1)–(2), (4)).\n - Trade‑offs and opportunity costs: departmental funds used for reparations or administrative responses are foregone for other Defence uses; the Ombudsman’s inspection and coordination work uses Ombudsman resources that might otherwise serve other oversight functions (s14A, s16–17).\n - Implementation risk and compliance burden: the instrument creates multiple discretionary decision points (see below) and time‑limited complaint windows (s14(1B), s14B(2)). Administrative tasks include transferring Taskforce records, managing privacy authorisations, and conducting inspections and coordination across jurisdictions (s15, s16–17). Those tasks create a non‑trivial operational burden on the Ombudsman, Defence and the Attorney‑General’s Department.\n - Bureaucratic discretion: the text repeatedly requires the Ombudsman to be \"satisfied\" or \"reasonably satisfied\" before making recommendations or taking action (e.g. s14(1), s14A(1)–(3), s14B(3)–(5)). Those satisfaction thresholds are legal standards that confer significant discretion on the Ombudsman about which matters proceed and what monetary recommendations are made.\n\nEffects on private enterprise, competition, prices, contracts and speech\n\n- Direct effects on private enterprise and market competition are minimal in the instrument’s text. The main practical interactions are with Commonwealth bodies and Defence arrangements rather than private businesses. Two Commonwealth‑controlled companies are explicitly treated as prescribed authorities for Act purposes, which subjects them to Ombudsman oversight under the Act in the ways the Act provides. (s11)\n- The instrument does not create pricing, competition or direct regulatory controls over private firms; it creates complaint‑handling, recommendation and inspection functions focused on Defence and places of detention under Commonwealth control (s14, s16).\n\nConcentrated benefits, diffuse costs, and risks of strategic behaviour\n\n- Concentrated benefits: complainants who meet the statutory tests may obtain monetary reparations (s14A, s14B). These benefits are concentrated on the recipients.\n- Diffuse costs: budgetary impacts (if payments are made) fall on the Defence Department and, in practical terms, on the Commonwealth budget (s14A, s14B).\n- Capture and rent-seeking risks: the instrument centralises discretion with the Ombudsman for satisfaction and recommendation decisions (s14, s14A, s14B). That discretion is a necessary feature of an investigatory office, but it creates the conventional risk that parties may focus advocacy on the Ombudsman’s exercise of discretion. The instrument includes mandatory disclosure obligations for specific Taskforce material (s15(1)–(2)), which reduces information asymmetry for the Ombudsman in dealing with historical complaints.\n- Substitution effects: complainants may choose to pursue the Defence Force Ombudsman route instead of internal Defence channels or other avenues; the instrument explicitly permits complainants to complain to the Defence Force Ombudsman even if they have not approached the Defence Department first (s14(2)), and it defines time windows that may accelerate or delay complainant decisions (s14(1B)).\n\nKey discretion and compliance points to watch (with sections)\n\n- Ombudsman satisfaction thresholds for taking action or recommending payments (s14(1); s14A(1)–(3); s14B(1), (3)–(5)).\n- Defence Secretary’s role as the recipient of recommendations and the department that would pay reparations (s14A, s14B).\n- Mandatory disclosure by the Defence Abuse Response Taskforce and the Attorney‑General’s Department to the Defence Force Ombudsman (s15(1)–(2)); other departments may disclose (s15(4)).\n- Time‑limited windows and transitional definitions governing which complaints are \"new\" or \"old\" and when complaints must be made or notified (s14(1A), s14(1B), s14B(2)).\n- National Preventive Mechanism outreach, inspection and coordination functions assigned to the Ombudsman, coupled with a prohibition on compelling Network members (s16–17(4)).\n\nPractical bottom line\n\nThis regulation package adds specific functions and powers to the Ombudsman and the Defence Force Ombudsman: it defines who counts as a complainant, creates routes for handling historic and more recent Defence‑related abuse complaints, authorises recommendations for capped reparation payments (with additional payments where Defence response was inadequate), requires transfer of Taskforce records to the Defence Force Ombudsman, and assigns the Commonwealth Ombudsman the coordinating and inspection responsibilities under the Optional Protocol for places of detention under Commonwealth control. The instrument relies on officer discretion (satisfaction standards), creates time‑limited windows for eligible complaints (s14(1B), s14B(2)), and imposes duties on Defence and certain departments to assist and to disclose information (s14(4), s15)."}},"importantCases":[],"_links":{"self":"/api/acts/ombudsman-regulations-2017","history":"/api/acts/ombudsman-regulations-2017/history","analysis":"/api/acts/ombudsman-regulations-2017/analysis","conflicts":"/api/acts/ombudsman-regulations-2017/conflicts","importantCases":"/api/acts/ombudsman-regulations-2017/important-cases","documents":"/api/acts/ombudsman-regulations-2017/documents"}}