37Transitional provisions—Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 160

37 Transitional provisions—Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 160 Schedules 162 Schedule 1—Specified entities 162 Schedule 2—Exempt persons and bodies 172 Schedule 3—Persons and bodies to whom or which the Ombudsman may refer complaints 174 Endnotes 176 1 General information 176 2 Table of Amendments 178 3 Explanatory details 189 **Version No.** **122** **Ombudsman Act 1973** **No. 8414 of 1973** Version incorporating amendments as at An Act to provide for the Appointment in Victoria of an Ombudsman with Power to investigate Administrative Actions taken by or on behalf of Government Departments and other Authorities, and for other purposes. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** 1 Short title and commencement (1) This Act may be cited as the **Ombudsman Act 1973**. (2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. S. 1(3) repealed by No. 15/1989 s. 28(1). Part I—Interpretation S. 2 amended by No. 82/2012 s. 224(2) (ILA s. 39B(1)). 2 Definitions (1) In this Act unless inconsistent with the context or subject-matter— S. 2(1) def. of *Accountability and Oversight Committee* inserted by No. 82/2012 s. 224(1)(a), repealed by No. 2/2019 s. 194(1)(a). S. 2(1) def. of *acting coroner* inserted by No. 82/2012 s. 224(1)(a), amended by No. 5/2013 s. 63(1), repealed by No. 63/2013 s. 93. S. 2(1) def. of *Acting Ombudsman* inserted by No. 82/2012 s. 224(1)(a). ***Acting Ombudsman*** means an Acting Ombudsman appointed under section 6; ***administrative action*** means any action relating to a matter of administration, and includes— (a) a decision and an act; (b) the refusal or failure to take a decision or to perform an act; (c) the formulation of a proposal or intention; and (d) the making of a recommendation (including a recommendation made to a Minister); S. 2(1) def. of *Admini-strative Office* inserted by No. 82/2012 s. 224(1)(a). ***Administrative Office*** has the meaning given by section 4(1) of the **Public Administration Act 2004**; S. 2(1) def. of *aggrieved person* inserted by No. 82/2012 s. 224(1)(a). ***aggrieved person*** has the meaning given in section 14(1)(a); S. 2(1) def. of *assessable disclosure* inserted by No. 85/2012 s. 144(1)(a), amended by No. 2/2019 s. 73(2)(a). ***assessable disclosure*** has the meaning given in section 3 of the **Public Interest Disclosures Act 2012**; S. 2(1) def. of *Auditor-General* inserted by No. 2/2019 s. 175. ***Auditor-General*** means the Auditor-General appointed under section 94A of the **Constitution Act 1975**; S. 2(1) def. of *authorised legal representative* inserted by No. 11/2021 s. 157. ***authorised legal representative*** of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf; S. 2(1) def. of *authority* amended by Nos 8884 s. 2(a), 12/1989 s. 4(1)(Sch. 2 item 86.1), substituted by No. 82/2012 s. 224(1)(b), amended by Nos 1/2014 s. 69(a), 2/2019 s. 147(2). ***authority*** means— (a) a Department; (b) an Administrative Office; (ba) Court Services Victoria; (bb) a public body; (c) a specified entity— but does not include an exempt person or body or a Councillor of a Council; S. 2(1) def. of *Cabinet information* inserted by No. 85/2012 s. 144(1)(a). ***Cabinet information*** means— (a) a document that is an exempt document under section 28 of the **Freedom of Information Act 1982**; or (b) information that if it were in the form of a document would be a document referred to in paragraph (a); S. 2(1) def. of *cancellation notice* inserted by No. 82/2012 s. 224(1)(a). ***cancellation notice*** means a notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3) cancelling a confidentiality notice; S. 2(1) def. of *Chief Examiner* inserted by No. 82/2012 s. 224(1)(a). ***Chief Examiner*** means the Chief Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**; ***complainant*** means a person who makes a complaint; S. 2(1) def. of *complaint* substituted by No. 82/2012 s. 224(1)(c). ***complaint*** means a complaint under section 14; S. 2(1) def. of *compulsory appearance* inserted by No. 82/2012 s. 224(1)(a), substituted by No. 31/2024 s. 80(1). ***compulsory appearance*** means the appearance of a person before the Ombudsman in accordance with a witness summons; S. 2(1) def. of *confidentiality notice* inserted by No. 82/2012 s. 224(1)(a). ***confidentiality notice*** means a notice issued by the Ombudsman under section 26C(1); S. 2(1) def. of *coroner* inserted by No. 82/2012 s. 224(1)(a). ***coroner*** has the meaning given in section 3(1) of the **Coroners Act 2008**; S. 2(1) def. of *corrupt conduct* inserted by No. 82/2012 s. 224(1)(a), amended by No. 82/2012 s. 313(a). ***corrupt conduct*** has the meaning given in section 4 of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 2(1) def. of *Council* inserted by No. 82/2012 s. 224(1)(a), amended by No. 9/2020 s. 390(Sch. 1 item 75.1(a)). ***Council*** has the meaning given in section 3(1) of the **Local Government Act 2020**; S. 2(1) def. of *Councillor* inserted by No. 82/2012 s. 224(1)(a), amended by No. 9/2020 s. 390(Sch. 1 item 75.1(a)). ***Councillor*** has the meaning given in section 3(1) of the **Local Government Act 2020**; S. 2(1) def. of *Court Services Victoria* inserted by No. 1/2014 s. 69(d). ***Court Services Victoria*** means Court Services Victoria established under section 5 of the **Court Services Victoria Act 2014**; S. 2(1) def. of *Department* inserted by No. 82/2012 s. 224(1)(a). ***Department*** has the meaning given by section 4(1) of the **Public Administration Act 2004**; S. 2(1) def. of *Deputy Ombudsman* inserted by No. 14/1988 s. 4, repealed by No. 32/2004 s. 3(a). S. 2(1) def. of *disciplinary process or action* inserted by No. 82/2012 s. 224(1)(a). ***disciplinary process or action*** has the meaning given in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 2(1) def. of *domestic partner* inserted by No. 82/2012 s. 224(1)(a). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or A ***registered relationship*** is defined in subsection (2). (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 2(1) def. of *Examiner* inserted by No. 82/2012 s. 224(1)(a). ***Examiner*** means an Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**; S. 2(1) def. of *exempt person or body* inserted by No. 82/2012 s. 224(1)(a). ***exempt person or body*** means a person or body specified in Schedule 2; S. 2(1) def. of *Freedom of Information Commis-sioner* inserted by No. 82/2012 s. 224(1)(a), repealed by No. 20/2017 s. 134(Sch. 1 item 13.1(a)). S. 2(1) def. of *Government Department* amended by No. 9059 s. 2(1)(Sch. items 28–30), substituted by Nos 62/1989 s. 4(a), 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 144.1), repealed by No. 82/2012 s. 224(1)(d). S. 2(1) def. of *IBAC* inserted by No. 82/2012 s. 224(1)(a), amended by No. 82/2012 s. 313(b). ***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**; S. 2(1) def. of *IBAC Officer* inserted by No. 82/2012 s. 224(1)(a). ***IBAC Officer*** has the meaning given in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 2(1) def. of *IBAC personnel* inserted by No. 82/2012 s. 224(1)(a), amended by No. 31/2024 s. 113(Sch. 1 item 24.1(b)). ***IBAC personnel*** has the meaning given in section 3(1) of the **Integrity Oversight Victoria Act 2011**; S. 2(1) def. of *Information Commis-sioner* inserted by No. 20/2017 s. 134(Sch. 1 item 13.1(b)). ***Information Commissioner*** means the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**; S. 2(1) def. of *Integrity and Oversight Committee* inserted by No. 2/2019 s. 194(1)(b). ***Integrity and Oversight Committee*** means the Integrity and Oversight Committee established by section 5(a) of the **Parliamentary Committees Act 2003**; S. 2(1) def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 24.1(a)). ***Integrity Oversight Victoria*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**; S. 2(1) def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 24.1(a)). ***Integrity Oversight Victoria Officer*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**; S. 2(1) def. of *Judicial Commission* inserted by No. 16/2016 s. 201. ***Judicial Commission*** has the same meaning as in Part IIIAA of the **Constitution Act 1975**; S. 2(1) def. of *legal practitioner* inserted by No. 82/2012 s. 224(1)(a). ***legal practitioner*** means an Australian legal practitioner within the meaning of the **Legal Profession Act 2004**; S. 2(1) def. of *Mayor* inserted by No. 8884 s. 2(b), repealed by No. 12/1989 s. 4(1)(Sch. 2 item 86.2), new def. of *Mayor* inserted by No. 82/2012 s. 224(1)(a), amended by No. 9/2020 s. 390(Sch. 1 item 75.1(a)). ***Mayor*** means a person elected to be the Mayor of a Council in accordance with the **Local Government Act 2020**; S. 2(1) def. of *member of Ombudsman staff* inserted by No. 82/2012 s. 224(1)(a). ***member of Ombudsman staff*** means any of the following— (a) an employee referred to in section 7; (b) a person seconded to the office of the Ombudsman; (c) a person otherwise engaged to provide services to or assist the Ombudsman in the performance of the Ombudsman's functions; S. 2(1) def. of *member of Victoria Police personnel* inserted by No. 37/2014 s. 10(Sch. item 119.1(a). ***member of Victoria Police personnel*** has the meaning given in section 3(1) of the **Victoria Police Act 2013**; S. 2(1) def. of *municipality* inserted by No. 8884 s. 2(b), repealed by No. 12/1989 s. 4(1)(Sch. 2 item 86.3). S. 2(1) def. of *office of the Ombudsman* inserted by No. 82/2012 s. 224(1)(a). ***office of the Ombudsman*** means the office in respect of which the Ombudsman has the functions of public service body Head under section 16 of the **Public Administration Act 2004**; S. 2(1) def. of *Ombudsman officer* inserted by No. 82/2012 s. 224(1)(a). ***Ombudsman officer*** means any of the following— (a) the Ombudsman; (b) the Acting Ombudsman; (c) a member of Ombudsman staff; S. 2(1) def. of *Ombudsman premises* inserted by No. 82/2012 s. 224(1)(a). ***Ombudsman premises*** means any premises or part of premises occupied by the office of the Ombudsman or an Ombudsman officer, other than residential premises; S. 2(1) def. of *own motion investigation* inserted by No. 82/2012 s. 224(1)(a). ***own motion investigation*** means an investigation by the Ombudsman under section 16A; S. 2(1) def. of *Parliamentary Committee* inserted by No. 2/2019 s. 175. ***Parliamentary Committee*** means the Integrity and Oversight Committee established under section 5(a) of the **Parliamentary Committees Act 2003**; S. 2(1) def. of *Parliamentary Workplace Standards and Integrity Commission* inserted by No. 27/2024 s. 131(a). ***Parliamentary Workplace Standards and Integrity Commission*** means the body established by section 42 of the **Parliamentary Workplace Standards and Integrity Act 2024**; S. 2(1) def. of *Police Ombudsman* inserted by No. 32/2004 s. 3(b), repealed by No. 63/2004 s. 7(a). S. 2(1) def. of *police personnel* inserted by No. 82/2012 s. 224(1)(a), repealed by No. 37/2014 s. 10(Sch. item 119.1(b)). S. 2(1) def. of *police personnel conduct* inserted by No. 82/2012 s. 224(1)(a), amended by No. 82/2012 s. 313(c). ***police personnel conduct*** has the meaning given in section 5 of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 2(1) def. of *police personnel misconduct* inserted by No. 30/2016 s. 55(a). ***police personnel misconduct*** has the same meaning as it has in section 3(1) of the **Independent Broad-based Anti‑corruption Commission Act 2011**; S. 2(1) def. of *presiding officer* inserted by No. 82/2012 s. 224(1)(a). ***presiding officer*** means the Ombudsman officer before whom a person is appearing at a compulsory appearance or voluntary appearance; S. 2(1) def. of *principal officer* amended by Nos 8884 s. 2(c), 12/1989 s. 4(1)(Sch. 2 item 86.4), 62/1989 s. 4(b), 125/1993 s. 20(9), 46/1998 s. 7(Sch. 1), 102/1998 s. 34, 108/2004 s. 117(1) (Sch. 3 item 144.2), substituted by No. 82/2012 s. 224(1)(e), amended by Nos 85/2012 s. 144(1)(b), 1/2014 s. 69(b), 2/2019 ss 73(2)(c), 147(3). ***principal officer*** means— (a) in relation to a Department, the Department Head of the Department within the meaning of the **Public Administration Act 2004** or the person carrying out the duties of the Department Head; (b) in relation to an Administrative Office, the Administrative Office Head of the Administrative Office within the meaning of the **Public Administration Act 2004** or the person carrying out the duties of the Administrative Office Head; (ba) in relation to Court Services Victoria, the Chief Executive Officer within the meaning of the **Court Services Victoria Act 2014**; (c) in relation to a specified entity, the person (if any) specified in column 2 of Schedule 1 opposite the specified entity; (ca) in relation to a public statutory body, the chairperson or presiding member of the public statutory body; (d) in relation to a member of the teaching service, the Secretary within the meaning of the **Education and Training Reform Act 2006**; (e) in relation to a State funded residential care service, the chief executive officer of the service; (f) in relation to a person or body prescribed to be a public interest disclosure entity, the person prescribed as the principal officer for that person or body; S. 2(1) def. of *protected disclosure complaint* inserted by No. 85/2012 s. 144(1)(a), amended by No. 82/2012 s. 313(d), repealed by No. 2/2019 s. 73(3). S. 2(1) def. of *protected disclosure entity* inserted by No. 85/2012 s. 144(1)(a), repealed by No. 2/2019 s. 73(3). S. 2(1) def. of *public body* inserted by No. 2/2019 s. 147(1), substituted by No. 31/2024 s. 80(2)(a). ***public body*** has the meaning given by section 2AA; S. 2(1) def. of *public interest complaint* inserted by No. 2/2019 s. 73(1). ***public interest complaint*** means a disclosure determined to be a public interest complaint under section 26 of the **Public Interest Disclosures Act 2012** and that is referred to the Ombudsman by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 2(1) def. of *public interest disclosure entity* inserted by No. 2/2019 s. 73(1), amended by Nos 2/2019 s. 147(4), 27/2024 s. 131(b). ***public interest disclosure entity*** means— (a) a member of Parliament, including a member in their capacity as a Minister of the Crown or a Parliamentary Secretary; (b) a Councillor; (c) a member of the teaching service within the meaning of the **Education and Training Reform Act 2006**; (d) a State funded residential care service within the meaning of the **Health Services Act 1988**; (e) a prescribed person or body; S. 2(1) def. of *Public Interest Monitor* inserted by No. 82/2012 s. 224(1)(a). ***Public Interest Monitor*** has the meaning given in section 4 of the **Public Interest Monitor Act 2011**; S. 2(1) def. of *public officer* inserted by No. 31/2024 s. 80(2)(b). ***public officer*** has the meaning given by section 2AA; S. 2(1) def. of *Public Statutory Body* amended by No. 15/1998 s. 10(1)(a), substituted by No. 82/2012 s. 224(1)(f). ***public statutory body*** means— (a) a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or (b) a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister; or (c) a company all the shares or a majority of the shares in which are held by the State or an authority; S. 2(1) def. of *referred complaint* inserted by No. 82/2012 s. 224(1)(a). ***referred complaint*** has the meaning given in section 16B(1); S. 2(1) def. of *referred matter* inserted by No. 82/2012 s. 224(1)(a). ***referred matter*** has the meaning given in section 16B(2); S. 2(1) def. of *relevant protected disclosure complaint* inserted by No. 85/2012 s. 144(1)(a), repealed by No. 2/2019 s. 73(3). S. 2(1) def. of *relevant public interest complaint* inserted by No. 2/2019 s. 73(1). ***relevant public interest complaint*** means a public interest complaint that the Ombudsman is required to investigate under section 15C; S. 2(1) def. of *responsible Minister* inserted by No. 82/2012 s. 224(1)(a), amended by Nos 85/2012 s. 144(1)(c), 1/2014 s. 69(c), 2/2019 ss 73(2)(d), 147(5), 92020 s. 390(Sch. 1 item 75.1(b)). ***responsible Minister*** means— (a) in relation to a Department, the Minister responsible for the Department; (b) in relation to an Administrative Office, the Minister responsible for the Administrative Office; (ba) in relation to Court Services Victoria, the Attorney-General; (c) in relation to a specified entity, the Minister (if any) specified in column 3 of Schedule 1 opposite the specified entity; (ca) in relation to a public statutory body— (i) in the case of a public statutory body that is established by or under an Act—the Minister administrating the provision of the Act under which the public statutory body is constituted or established; or (ii) in any other case—the Minister responsible for the public statutory body; (d) in relation to a Councillor, the Minister administering Part 2 of the **Local Government Act 2020**; (e) in relation to a member of the teaching service, the Minister administering Part 2.4 of the **Education and Training Reform Act 2006**; (f) in relation to a State funded residential care service, the Minister administering section 6 of the **Health Services Act 1988**; (g) in relation to a prescribed person or body as a public interest disclosure entity, the Minister prescribed as the responsible Minister for that person or body; S. 2(1) def. of *restricted matter* inserted by No. 82/2012 s. 224(1)(a), amended by Nos 30/2016 s. 55(b), 2/2019 s. 73(2)(b). ***restricted matter*** means— (a) any evidence or information given to, or obtained by, the Ombudsman; (b) the contents of any document, or a description of any thing, produced by a person, or obtained by the Ombudsman, at a compulsory appearance or a voluntary appearance; (c) the contents of any document, or a description of any thing, which has been inspected under section 21; (d) the existence of, or any information about, a confidentiality notice or a witness summons; (e) the subject matter of an investigation in relation to which— (i) a witness summons has been issued; or (ii) a person has appeared, or has been requested to appear, at a voluntary appearance; (f) any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance, to be identified or located; (g) the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance; (h) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the **Public Interest Disclosures Act 2012**; (i) the fact that a disclosure or related disclosure has been determined under Part 3 of the **Public Interest Disclosures Act 2012** to be a public interest complaint; (j) the fact that the Ombudsman intends to conduct an investigation on a public interest disclosure; S. 2(1) def. of *specified entity* inserted by No. 82/2012 s. 224(1)(a). ***specified entity*** means a person or body specified in column 1 of Schedule 1; S. 2(1) def. of *spouse* inserted by No. 82/2012 s. 224(1)(a). ***spouse*** of a person means a person to whom the person is married; S. 2(1) def. of *State Trustees* inserted by No. 15/1998 s. 10(1)(b). ***State Trustees*** means the company described as State Trustees in the **State Trustees (State Owned Company) Act 1994** while that company is a company a majority of shares in which is held by or on behalf of the State. S. 2(1) def. of *VAGO officer* inserted by No. 82/2012 s. 224(1)(a). ***VAGO officer*** has the meaning given in section 3(1) of the **Audit Act 1994**; S. 2(1) def. of *Victorian Auditor-General's Office* inserted by No. 82/2012 s. 224(1)(a). ***Victorian Auditor-General's Office*** has the meaning given in section 3(1) of the **Audit Act 1994**; S. 2(1) def. of *Victorian court* inserted by No. 82/2012 s. 224(1)(a). ***Victorian court*** means— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Children's Court; (e) the Coroners Court; S. 2(1) defs of *Victorian Inspectorate* and *Victorian Inspectorate Officer* inserted by No. 82/2012 s. 224(1)(a), repealed by No. 31/2024 s. 113(Sch. 1 item 24.1(c)). S. 2(1) def. of *voluntary appearance* inserted by No. 82/2012 s. 224(1)(a). ***voluntary appearance*** means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this Act or any other Act, other than a compulsory appearance; S. 2(1) def. of *witness summons* inserted by No. 82/2012 s. 224(1)(a), substituted by No. 2/2019 s. 147(6). ***witness summons*** means a summons issued by the Ombudsman under section 18(1); S. 2(2) inserted by No. 82/2012 s. 224(2). (2) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as it has in the **Relationships Act** **2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case. S. 2(2A) inserted by No. 2/2019 s. 147(7), repealed by No. 31/2024 s. 80(3). S. 2(2B) inserted by No. 2/2019 s. 147(7), repealed by No. 31/2024 s. 80(3). S. 2(3) inserted by No. 85/2012 s. 144(2), amended by No. 2/2019 s. 73(4). (3) In this Act, a reference to a person who made a public interest complaint or to a person who made a relevant public interest complaint is a reference to a person who made a disclosure that was determined to be a public interest complaint under section 26 of the **Public Interest Disclosures Act 2012**. S. 2AA inserted by No. 31/2024 s. 81. 2AA Meaning of *public body* and *public officer* (1) In this Act— ***public body*** means, subject to this section— (a) a public sector body within the meaning of section 4(1) of the **Public Administration Act 2004**; or (b) a body, whether corporate or unincorporated, established by or under an Act for a public purpose, including a university; or (c) a body that is performing a public function on behalf of the State or a public body or a public officer (whether under contract or otherwise); or (d) any other prescribed entity; ***public officer*** means, subject to this section— (a) a person employed in any capacity or holding any office in the public sector within the meaning of the **Public Administration Act 2004**; or (b) a person to whom a provision of the **Public Administration Act 2004** applies as a result of the application of Part 7 of that Act; or (c) a member of Council staff employed under the **Local Government Act 2020**; or (d) the holder of any other statutory office (within the meaning of the **Public Administration Act 2004**) or a prerogative office (within the meaning of the **Public Administration Act 2004**); or (e) any other person in the service of the Crown or a public body; or (f) a person that is performing a public function on behalf of the State or a public body or a public officer (whether under contract or otherwise); or (g) an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of, a public body or a public officer; or (h) a prescribed person or class of persons. (2) The following are not a ***public body*** or a ***public officer*** for the purposes of this Act— (a) the Ombudsman; (b) a member of Ombudsman staff; (c) a court; (d) an exempt person or body. (3) In determining whether a person or body is performing a public function, any of the following factors may be taken into account— (a) whether the function is conferred on the body or person by or under a statutory provision; (b) whether the function is of a regulatory nature; (c) whether the body is publicly funded to perform the function. (4) To avoid doubt— (a) the factors listed in subsection (3) are not exhaustive of the factors that may be taken into account in determining whether a body is performing a public function; and (b) the fact that one or more of the factors set out in subsection (3) are present in relation to a function does not necessarily mean that function is a public function. S. 2A inserted by No. 2/2019 s. 148. 2A Objectives The objectives of this Act are— (a) to provide a timely, efficient, effective, flexible and independent means of resolving complaints about administrative action of authorities; and (b) to provide for the identification, investigation, exposure and prevention of maladministration; and (c) to assist in the identification, investigation, exposure and prevention of improper conduct and corrupt conduct; and (d) to assist in improving the quality of administration and complaint handling practices and procedures of authorities; and (e) to facilitate the education of the Victorian community and the public sector about matters relating to the functions of the Ombudsman. Part II—The Ombudsman