16AOmbudsman may conduct own motion investigation

16A Ombudsman may conduct own motion investigation S. 16A(1) amended by No. 30/2016 s. 70(2)(s). (1) Subject to section 13AB and this section, the Ombudsman may conduct an own motion investigation into any administrative action taken by or in an authority. S. 16A(2) substituted by No. 30/2016 s. 62, amended by No. 31/2024 s. 113(Sch. 1 item 24.4). (2) Subject to subsection (2A), the Ombudsman must not conduct an own motion investigation into any administrative action that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or Integrity Oversight Victoria under Division 2C. See also section 16D. S. 16A(2A) inserted by No. 30/2016 s. 62. (2A) If the IBAC notifies the Ombudsman that it has determined under section 58 of the **Independent Broad-based Anti-corruption Commission Act 2011** to investigate a matter or to refer it to another body, the Ombudsman must not conduct, or continue to conduct, an own motion investigation into any administrative action that involves the matter unless— (a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or (b) where the IBAC refers the matter to another body under section 73 of the **Independent Broad-based Anti‑corruption Commission Act 2011**, to the extent of the referral; or (c) the IBAC completes or discontinues its investigation into the matter. (3) The Ombudsman must not conduct an own motion investigation into any administrative action that is taken under the **Freedom of Information Act 1982**. (4) The Ombudsman must not conduct an own motion investigation into a matter relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice. (5) If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances— (a) it would not be reasonable to expect or have expected the person to exercise that right; or (6) If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a remedy by taking proceedings in a court, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances— (a) it would not be reasonable to expect or have expected the person to take those proceedings; or Pt 4 Div. 2B (Heading and ss 16B–16D) inserted by No. 82/2012 s. 231.