12Restriction on other employment

12 Restriction on other employment S. 12(1) amended by No. 30/2016 s. 70(2)(m). (1) The Ombudsman or Acting Ombudsman must not, without the consent of the Governor in Council, engage in any paid employment outside the duties of their office as Ombudsman or Acting Ombudsman. S. 12(2) amended by No. 30/2016 s. 70(2)(m). (2) An employee referred to in section 7 must not, without the consent of the Ombudsman, engage in any paid employment outside the duties of their employment in the office of the Ombudsman. Part III—Functions and jurisdiction of the Ombudsman S. 13 amended[[1]](#endnote-2), substituted by No. 82/2012 s. 227, amended by No. 30/2016 s. 70(2)(n), substituted by No. 2/2019 s. 149. 13 Principal functions of the Ombudsman (1) The principal functions of the Ombudsman are— (a) to resolve complaints about administrative action taken by or in an authority, other than administrative action that— (i) appears to involve corrupt conduct (unless it is an administrative action referred to in paragraph (c)); or (ii) is taken under the **Freedom of Information Act 1982**; and (b) to enquire into or investigate administrative action referred to in paragraph (a); and (c) to enquire into or investigate administrative action taken by or in an authority that appears to involve corrupt conduct on a referral from the IBAC under Division 5 of Part 3 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; and S. 13(1)(d) amended by No. 31/2024 s. 82. (d) to investigate public interest complaints referred to in section 15C. (2) The functions of the Ombudsman under subsection (1)(b) and (c) include the function to enquire into or investigate— (a) whether the relevant administrative action is incompatible with a human right set out in the **Charter of Human Rights and Responsibilities Act 2006**; and (b) if the administrative action involves a decision, whether there was a failure to give proper consideration to a relevant human right set out in the **Charter of Human Rights and Responsibilities Act 2006**. (3) Without limiting the Ombudsman's principal functions under this section, the Ombudsman may enquire into or investigate administrative action that is taken by a person or body (other than an authority or an exempt person or body)— (a) on behalf of an authority; or (b) under a power or function that is conferred on the person or body by an authority; or (c) as a result of instructions given by an authority. (4) Nothing under this section authorises the Ombudsman to enquire into or investigate the merits of a decision made by a person or body referred to in subsection (3). S. 13AAA inserted by No. 85/2012 s. 145, amended by No. 2/2019 s. 79(Sch. 1 Pt C items 1, 2), repealed by No. 2/2019 s. 150. S. 13AA inserted by No. 82/2012 s. 227, amended by No. 85/2012 ss 146, 313(e), substituted by No. 2/2019 s. 151. 13AA Other functions of the Ombudsman (1) In addition to the principal functions of the Ombudsman under section 13(1), the Ombudsman has the following functions— (a) to review the complaint practices and procedures of authorities; (b) to provide education and training to the Victorian community and the public sector about matters relating to the functions of the Ombudsman; (c) to promote improved public sector administration; (d) any other function conferred by or under this Act or any other Act. (2) To avoid doubt, nothing in this Act authorises or requires the Ombudsman to enquire into or investigate anything done or omitted to be done by an exempt person or body. S. 13AB inserted by No. 82/2012 s. 227. 13AB Ombudsman not to prejudice legal proceedings or investigations S. 13AB(1) amended by No. 30/2016 s. 70(2)(o). (1) The Ombudsman must not perform the functions or duties or exercise the powers of the Ombudsman in a manner that would prejudice any— (a) criminal proceedings or criminal investigations; or S. 13AB(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.2). (b) investigations by the IBAC or Integrity Oversight Victoria. (2) For the purposes of ensuring compliance with subsection (1), the Ombudsman may consult any of the following— (a) the Director of Public Prosecutions; (b) the Chief Commissioner of Police; (c) the IBAC; S. 13AB(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 24.2). (d) Integrity Oversight Victoria. S. 13AC inserted by No. 1/2014 s. 70. 13AC Court Services Victoria (1) Despite anything to the contrary in Schedule 2, Court Services Victoria is not an exempt body. S. 13AC(2) amended by No. 30/2016 s. 70(2)(p). (2) In performing the functions or duties or exercising the powers of the Ombudsman in relation to Court Services Victoria, the Ombudsman must not— (a) interfere with the exercise of the jurisdiction of a court or VCAT; or (b) direct a court or VCAT as to the manner or outcome of the exercise of its judicial function in any particular case or any other judicial or quasi-judicial function. (3) The Ombudsman or a member of Ombudsman staff must not, pursuant to section 21, enter a court or tribunal hearing room in the course of the hearing of a matter, except with the agreement of the presiding judicial officer. (4) The Ombudsman or a member of Ombudsman staff must not require a judicial member of the Courts Council or a member of the staff of Court Services Victoria— (a) to provide any information (including answering any question); or (b) to produce any document— to the extent that the information or document concerns the exercise of a judicial or quasi‑judicial function by a court, VCAT or a person specified in clause 7 of Schedule 2 or by any person exercising the function on behalf of a court or VCAT. (5) Despite subsection (4), the Ombudsman or a member of Ombudsman staff may require a member of the staff of Court Services Victoria to provide information or documents in a matter that relates to the exercise of a judicial or quasi-judicial function if the relevant head of the jurisdiction has approved the provision of such information or documents, subject to any conditions agreed between the relevant head of the jurisdiction and the Ombudsman. (6) In this section— ***Courts Council*** means the Courts Council established under section 10 of the **Court Services Victoria Act 2014**; ***member of the staff***, of Court Services Victoria has the same meaning as it has in section 3 of the **Court Services Victoria Act 2014**. Pt 3A (Heading and ss 13A, 13B) inserted by No. 62/1989 s. 9. Part IIIA—Enquiries S. 13A inserted by No. 62/1989 s. 9. 13A Conducting of enquiries (1) The Ombudsman may conduct an enquiry for the purpose of determining whether— S. 13A(1)(a) amended by Nos 85/2012 s. 147, 30/2016 s. 56(1)(a). (a) an investigation under this Act should be conducted; or S. 13A(1)(b) amended by Nos 30/2016 s. 56(1)(b), 2/2019 s. 79(Sch. 1 Pt C item 3(a)). (b) the matter (other than a public interest complaint) may be resolved informally. S. 13A(2) amended by Nos 82/2012 s. 228(a), 30/2016 s. 70(2)(q). (2) The Ombudsman may conduct an enquiry either an own motion or as a consequence of a complaint under section 14, a referred complaint or a referred matter. S. 13A(3) amended by Nos 82/2012 s. 228(b), 30/2016 s. 56(2), 2/2019 s. 79 (Sch. 1 Pt C item 3(b)). (3) The principal officer of an authority or a public interest disclosure entity (if any) must assist the Ombudsman in the conduct of an enquiry. S. 13A(4) inserted by No. 2/2019 s. 152. (4) A person who is under the age of 16 years but of or over the age of 10 years may voluntarily provide information to the Ombudsman during an enquiry. S. 13B inserted by No. 62/1989 s. 9. 13B Communication of information to complainant Section 24 applies to— (a) information obtained or received in the course or as a result of an enquiry under this Act; and (b) the result of an enquiry under this Act and any recommendations made— as if the enquiry were an investigation under this Act. Pt 3AB (Heading and ss 13C, 13D) inserted by No. 2/2019 s. 153. Part IIIAB—Review of complaint practices and procedures S. 13C inserted by No. 2/2019 s. 153. 13C Application of Part (1) This Part does not apply to complaint practices and procedures of an authority taken under the **Freedom of Information Act 1982**. (2) This Part does not apply to the complaint practices and procedures and complaint functions of the Information Commissioner. S. 13D inserted by No. 2/2019 s. 153. 13D Review of complaint practices and procedures of an authority (1) The Ombudsman may conduct a review of the complaint practices and procedures of an authority— (a) on the Ombudsman's own motion; or (b) in response to a complaint. (2) After conducting the review, the Ombudsman may, for the purpose of improving the complaint practices and procedures of the authority— (a) make recommendations to the authority; and (b) provide education and training or other assistance to the authority. (3) The principal officer of the authority must assist the Ombudsman in the conduct of the review. (4) The powers of the Ombudsman under Division 3 of Part IV do not apply to the review. (5) A review under this section does not prevent the Ombudsman from conducting an own motion investigation in relation to the complaint practices and procedures of an authority. Pt 3AC (Heading and ss 13E–13H) inserted by No. 2/2019 s. 153. Part IIIAC—Alternative dispute resolution of complaints S. 13E inserted by No. 2/2019 s. 153.