5Functions—investigating complaints under Act

5 Functions—investigating complaints under Act (1) Subject to this Act, the ombudsman— (a) must investigate action that relates to a matter of administration, being action— (i) taken after the commencement of this Act by an agency and in respect of which a complaint has been made to the (ii) in respect of which a complaint is transferred to the ombudsman under the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 28; or (iii) taken before the commencement of this Act and in respect of which a complaint is made to the ombudsman after that commencement in a case where, if that complaint had been made to the Commonwealth ombudsman before that commencement, that complaint would have been transferred to the ombudsman under the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 28; and (b) may, of his or her own motion, investigate action of that kind. Note The ombudsman— (a) must consult with the custodial inspector in relation to any investigation under par (b) involving a detainee or correctional centre or service (see Custodial Inspector Act 2017, s 33); and (b) may refer a matter to the inspector if the ombudsman reasonably believes the matter can be more appropriately dealt with by the inspector (see Custodial Inspector Act 2017, s 34). (2) The ombudsman is not authorised to investigate— (a) action taken by a Minister; or

(b) action taken by— (i) a judge or the associate judge; or (ii) the registrar or a deputy registrar of the Supreme Court or of the Magistrates Court when performing a function of a judicial nature; or (c) action taken by a magistrate or coroner for the Territory; or (d) action taken by a tribunal, a member of a tribunal, or a member of the staff of a tribunal, in the exercise of the tribunal’s deliberative functions; or (e) action taken by a royal commission under the Royal Commissions Act 1991; or (f) action taken by a board of inquiry under the Inquiries Act 1991; or (g) action taken by the commissioner for sustainability and the environment; or (h) action taken by the Territory or a territory authority for the management of the environment (not including action taken under the Utilities Act 2000, part 14 (Streetlighting and stormwater)); or (i) action taken by the human rights commission, a member of the commission, or a member of the staff of the commission, in the exercise of the commission’s deliberative functions; or (j) action taken by a judicial commission under the Judicial Commissions Act 1994; or (k) action taken by the judicial council under the Judicial Commissions Act 1994, section 5A; or

(l) action taken by any body or person with respect to persons employed in the public service or the service of a prescribed authority, being action taken in relation to the employment of those persons, including action taken with respect to the promotion, termination of appointment or discipline of, or the payment of remuneration to, those persons, other than action taken in relation to a reportable allegation or a reportable conviction; or Note The ombudsman may, under s 17K, conduct an investigation into any reportable allegation or reportable conviction involving an employee of a designated entity. (m) action taken by an agency with respect to the appointment of a person to an office established by or under an enactment, not being an office in the public service or an office in the service of a prescribed authority; or (n) action taken, or not taken, under the Legislation Act 2001, part 5.2 (Requirements for regulatory impact statements); or (o) action taken by an agency, other than action taken in relation to a reportable allegation or a reportable conviction— (i) for the purpose or in the course of providing, or purporting to provide, a disability service, a health service, a service for children and young people or a service for older people; or (ii) in refusing to provide a disability service, a health service, a service for children and young people or a service for older people. (3) Nothing in subsection (2) prevents the ombudsman from— (a) exercising a function given to the ombudsman under— (i) the Freedom of Information Act 2016; or (ii) the Public Interest Disclosure Act 2012; or