VICIn ForceAct
Ombudsman Act 1973
13DReview of complaint practices and procedures of an authority 40
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13D Review of complaint practices and procedures of an authority 40
Part IIIAC—Alternative dispute resolution of complaints 41
13E Definition 41
13F Application of Part 41
13G Alternative dispute resolution of complaints 41
13H Outcome of alternative dispute resolution 43
Part IV—Investigations 45
Division 1—Complaints generally 45
14 Making a complaint 45
15 How the Ombudsman is to deal with certain complaints 46
15A Ombudsman may refuse to deal with certain complaints 48
15B Investigation of complaints 49
Division 1A—Public interest complaints 50
15C Ombudsman must investigate public interest complaints 50
15D Ombudsman must refuse to investigate certain public interest complaints 51
15E Ombudsman may refuse to investigate certain public interest complaints 52
15F Person who made public interest complaint to be informed of refusal to investigate 54
Division 2—Parliamentary complaints 54
16 Investigations referred by Parliament 54
Division 2A—Own motion investigations 55
16A Ombudsman may conduct own motion investigation 55
Division 2B—Referred complaints and matters 57
16B What are referred complaints and referred matters? 57
16C Dealing with referred complaints 58
16D Dealing with referred matters 59
Division 2C—Mandatory notifications by the Ombudsman 59
16E Notification to IBAC 59
16F Notification to Integrity Oversight Victoria 61
16G Notification to Information Commissioner 62
Division 2D—Referrals by the Ombudsman 63
16H Application of Division 63
16I Ombudsman may refer complaints 63
16IA Ombudsman may refer a complaint to an authority 64
16J Notice of referral 64
16K Consultation prior to referral 65
Division 3—Conduct of investigations 65
17 Procedure relating to investigations 65
18 Witness summons 71
18A Service of witness summons 73
18B Variation or revocation of witness summons 75
18C Supreme Court may order service by other means 76
18D Ombudsman to report to Integrity Oversight Victoria on issue of witness summons 77
18E Witness summons directed to person under 16 years 77
18F Power to take evidence on oath or affirmation 77
18G Offence to fail to comply with a witness summons 78
18H Offence to fail to take oath, make affirmation or answer question 78
18I Failure to comply with witness summons 79
18J Ombudsman may take statutory declaration 79
18K Privileges in relation to witness summons and investigations 79
18L Offence for employers to take detrimental action against employees 81
18M Legal advice and representation 81
18N Advance notice for voluntary appearances 84
18O Voluntary appearance of person under age of 16 years but of or over 10 years 84
18P Further provisions relating to appearances 86
18Q Audio or video recording of compulsory appearances 90
18R Protection of legal practitioners and witnesses at compulsory appearances 91
18S Service of documents 91
19 Deliberations of Ministers and Parliamentary committees not to be disclosed 92
19A Cabinet information not to be disclosed—relevant public interest complaints 93
19B Deliberations of Parliamentary Committees not to be disclosed—relevant public interest complaints 93
19C Conclusive certificates 94
19D Disclosure of information subject to legal professional privilege or client legal privilege—relevant public interest complaints 94
20 Disclosing or taking advantage of information—transitional provision 95
20A Communication of information to Commonwealth and State Ombudsmen 96
21 Entry of premises 98
22 Obstruction 98
22A Act applies equally to attendance in person or by audio or audio visual link 99
Division 4—Action on completion of investigations 100
23 Procedure on completion of investigation 100
23A Report on investigation—relevant public interest complaints about members of Parliament 105
24 Complainant or person who made relevant public interest complaint to be informed of result of investigation 105
Part IVA—Budget, annual plan and performance audit 107
24A Budget 107
24B Annual plan 107
24C Transmission of annual plan to Parliament 108
24D Independent performance audit 109
24E Report of independent performance auditor 111
Part V—Annual and other reports 114