Preliminary

General

sec.1 Short title

This Act may be cited as the Ombudsman Act 2001 .

sec.2 Commencement

This Act commences on a day to be fixed by proclamation.

sec.3 Definitions

The dictionary in schedule 3 defines terms used in this Act.

sec.4 Notes

A note in the text of this Act is part of the Act .

sec.5 Objects of Act

The objects of this Act are— to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and to improve the quality of decision-making and administrative practices and procedures in agencies. s 5 amd 2017 No. 17 s 171

• (a) to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and
• (b) to improve the quality of decision-making and administrative practices and procedures in agencies.

sec.6 How objects are to be achieved

The objects of this Act are to be achieved by— requiring an ombudsman to be appointed; and authorising the ombudsman— to investigate administrative actions of agencies; and to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures. s 6 amd 2017 No. 17 s 172

• (a) requiring an ombudsman to be appointed; and
• (b) authorising the ombudsman— (i) to investigate administrative actions of agencies; and (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.
• (i) to investigate administrative actions of agencies; and
• (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and
• (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.
• (i) to investigate administrative actions of agencies; and
• (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and
• (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.

Key concepts

sec.7 Meaning of administrative action

An administrative action is any action about a matter of administration, and includes— a decision and an act; and a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and the formulation of a proposal or intention; and the making of a recommendation, including a recommendation made to a Minister; and an action taken because of a recommendation made to a Minister. However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action . s 7 amd 2003 No. 19 s 3 sch ; 2014 No. 21 s 94 (2) sch 2 (sec.7-ssec.1) An administrative action is any action about a matter of administration, and includes— a decision and an act; and a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and the formulation of a proposal or intention; and the making of a recommendation, including a recommendation made to a Minister; and an action taken because of a recommendation made to a Minister. (sec.7-ssec.2) However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action .

• (a) a decision and an act; and
• (b) a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and
• (c) the formulation of a proposal or intention; and
• (d) the making of a recommendation, including a recommendation made to a Minister; and
• (e) an action taken because of a recommendation made to a Minister.

sec.8 Meaning of agency

An agency is any of the following entities— a department; a local government; a public authority. An agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency. An individual is not an agency under this Act only because the individual holds— an office the duties of which are performed as duties of employment as an officer of an agency; or an office of member of an agency; or an office established under an Act for the purposes of an agency. See also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section. s 8 amd 2024 No. 3 s 48 (sec.8-ssec.1) An agency is any of the following entities— a department; a local government; a public authority. (sec.8-ssec.2) An agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency. (sec.8-ssec.3) An individual is not an agency under this Act only because the individual holds— an office the duties of which are performed as duties of employment as an officer of an agency; or an office of member of an agency; or an office established under an Act for the purposes of an agency. See also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section.

• (a) a department;
• (b) a local government;
• (c) a public authority.
• (a) an office the duties of which are performed as duties of employment as an officer of an agency; or
• (b) an office of member of an agency; or
• (c) an office established under an Act for the purposes of an agency.

sec.9 Meaning of public authority

A public authority is any of the following entities— an entity, other than an individual, that is— established for a public purpose under an Act; or established by government for a public purpose under an Act; an entity created by the Governor in Council or a Minister; an entity, other than an individual, declared under a regulation to be a public authority and— supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or established under an Act; an individual holding an office established under an Act; an individual holding an appointment— made by the Governor in Council or a Minister, other than under an Act; and declared under a regulation to be a public authority. However, none of the following is a public authority — a department or part of a department; a local government or part of a local government; a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform; a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions. The entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) . (sec.9-ssec.1) A public authority is any of the following entities— an entity, other than an individual, that is— established for a public purpose under an Act; or established by government for a public purpose under an Act; an entity created by the Governor in Council or a Minister; an entity, other than an individual, declared under a regulation to be a public authority and— supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or established under an Act; an individual holding an office established under an Act; an individual holding an appointment— made by the Governor in Council or a Minister, other than under an Act; and declared under a regulation to be a public authority. (sec.9-ssec.2) However, none of the following is a public authority — a department or part of a department; a local government or part of a local government; a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform; a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions. The entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) .

• (a) an entity, other than an individual, that is— (i) established for a public purpose under an Act; or (ii) established by government for a public purpose under an Act;
• (i) established for a public purpose under an Act; or
• (ii) established by government for a public purpose under an Act;
• (b) an entity created by the Governor in Council or a Minister;
• (c) an entity, other than an individual, declared under a regulation to be a public authority and— (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or (ii) established under an Act;
• (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or
• (ii) established under an Act;
• (d) an individual holding an office established under an Act;
• (e) an individual holding an appointment— (i) made by the Governor in Council or a Minister, other than under an Act; and (ii) declared under a regulation to be a public authority.
• (i) made by the Governor in Council or a Minister, other than under an Act; and
• (ii) declared under a regulation to be a public authority.
• (i) established for a public purpose under an Act; or
• (ii) established by government for a public purpose under an Act;
• (i) supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or
• (ii) established under an Act;
• (i) made by the Governor in Council or a Minister, other than under an Act; and
• (ii) declared under a regulation to be a public authority.
• (a) a department or part of a department;
• (b) a local government or part of a local government;
• (c) a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform;
• (d) a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions. Note— The entities mentioned in subsection (2) (a) and (b) are agencies under section 8 (1) .

sec.10 What is included in meaning of administrative action of agency

An administrative action of an agency includes— an administrative action taken by, in or for the agency; and an administrative action taken by or for an officer of the agency; and an administrative action taken for, or in the performance of functions conferred on, an agency, by an entity that is not an agency.

• (a) an administrative action taken by, in or for the agency; and
• (b) an administrative action taken by or for an officer of the agency; and
• (c) an administrative action taken for, or in the performance of functions conferred on, an agency, by an entity that is not an agency.

The ombudsman

sec.11 Ombudsman

There is to be an ombudsman. The ombudsman is an officer of the Parliament. (sec.11-ssec.1) There is to be an ombudsman. (sec.11-ssec.2) The ombudsman is an officer of the Parliament.

sec.12 Functions of ombudsman

The functions of the ombudsman are— to investigate administrative actions of agencies— on reference from the Assembly or a statutory committee of the Assembly; or on complaint; or on the ombudsman’s own initiative; and to consider the administrative practices and procedures of an agency whose actions are being investigated and to make recommendations to the agency— about appropriate ways of addressing the effects of inappropriate administrative actions; or for the improvement of the practices and procedures; and to consider the administrative practices and procedures of agencies generally, and to make recommendations or provide advice, training, information or other help to the agencies about ways of improving the quality of administrative practices and procedures; and to provide advice, training, information or other help to agencies, in particular cases, about ways of improving the quality of administrative practices and procedures; and the other functions conferred on the ombudsman under this or any other Act. s 12 amd 2017 No. 17 s 173

• (a) to investigate administrative actions of agencies— (i) on reference from the Assembly or a statutory committee of the Assembly; or (ii) on complaint; or (iii) on the ombudsman’s own initiative; and
• (i) on reference from the Assembly or a statutory committee of the Assembly; or
• (ii) on complaint; or
• (iii) on the ombudsman’s own initiative; and
• (b) to consider the administrative practices and procedures of an agency whose actions are being investigated and to make recommendations to the agency— (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or (ii) for the improvement of the practices and procedures; and
• (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or
• (ii) for the improvement of the practices and procedures; and
• (c) to consider the administrative practices and procedures of agencies generally, and to make recommendations or provide advice, training, information or other help to the agencies about ways of improving the quality of administrative practices and procedures; and
• (d) to provide advice, training, information or other help to agencies, in particular cases, about ways of improving the quality of administrative practices and procedures; and
• (e) the other functions conferred on the ombudsman under this or any other Act.
• (i) on reference from the Assembly or a statutory committee of the Assembly; or
• (ii) on complaint; or
• (iii) on the ombudsman’s own initiative; and
• (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or
• (ii) for the improvement of the practices and procedures; and

sec.12A Ombudsman’s functions for administrative action taken by entity that is not an agency

This section applies in relation to an entity— that is not an agency; and that takes administrative action of an agency as mentioned in section 10 (c) . The functions of the ombudsman include— to investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency— on reference from the Assembly or a statutory committee of the Assembly; or on complaint; or on the ombudsman’s own initiative; and to consider the administrative practices and procedures of the entity and make recommendations to the entity— about appropriate ways of addressing the effects of inappropriate administrative actions; or for the improvement of the administrative practices and procedures; and to provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures. However, the functions of the ombudsman apply only in relation to the entity’s decision-making, practices and procedures that relate to taking administrative action for, or in the performance of functions conferred on, the agency. For applying this Act in relation to the functions of the ombudsman under this section— the entity is taken to be an agency; and this Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) . s 12A ins 2024 No. 3 s 49 (sec.12A-ssec.1) This section applies in relation to an entity— that is not an agency; and that takes administrative action of an agency as mentioned in section 10 (c) . (sec.12A-ssec.2) The functions of the ombudsman include— to investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency— on reference from the Assembly or a statutory committee of the Assembly; or on complaint; or on the ombudsman’s own initiative; and to consider the administrative practices and procedures of the entity and make recommendations to the entity— about appropriate ways of addressing the effects of inappropriate administrative actions; or for the improvement of the administrative practices and procedures; and to provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures. (sec.12A-ssec.3) However, the functions of the ombudsman apply only in relation to the entity’s decision-making, practices and procedures that relate to taking administrative action for, or in the performance of functions conferred on, the agency. (sec.12A-ssec.4) For applying this Act in relation to the functions of the ombudsman under this section— the entity is taken to be an agency; and this Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) .

• (a) that is not an agency; and
• (b) that takes administrative action of an agency as mentioned in section 10 (c) .
• (a) to investigate administrative action taken by the entity for, or in the performance of functions conferred on, the agency— (i) on reference from the Assembly or a statutory committee of the Assembly; or (ii) on complaint; or (iii) on the ombudsman’s own initiative; and
• (i) on reference from the Assembly or a statutory committee of the Assembly; or
• (ii) on complaint; or
• (iii) on the ombudsman’s own initiative; and
• (b) to consider the administrative practices and procedures of the entity and make recommendations to the entity— (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or (ii) for the improvement of the administrative practices and procedures; and
• (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or
• (ii) for the improvement of the administrative practices and procedures; and
• (c) to provide advice, training, information or other help to the entity about ways of improving the quality of the entity’s administrative practices and procedures.
• (i) on reference from the Assembly or a statutory committee of the Assembly; or
• (ii) on complaint; or
• (iii) on the ombudsman’s own initiative; and
• (i) about appropriate ways of addressing the effects of inappropriate administrative actions; or
• (ii) for the improvement of the administrative practices and procedures; and
• (a) the entity is taken to be an agency; and
• (b) this Act applies in the same way it applies in relation to the ombudsman performing functions under section 12 , subject to necessary changes to give effect to the limitation under subsection (3) .

sec.13 Ombudsman not subject to direction

Subject to any other Act or law, the ombudsman is not subject to direction by any person about— the way the ombudsman performs the ombudsman’s functions under this Act; or the priority given to investigations.

• (a) the way the ombudsman performs the ombudsman’s functions under this Act; or
• (b) the priority given to investigations.

Investigation of administrative actions of agencies

Extent of jurisdiction

sec.14 What ombudsman may investigate

The ombudsman may investigate administrative actions of agencies. The ombudsman may investigate an administrative action despite a provision in any Act to the effect that the action is final or can not be appealed against, challenged, reviewed, quashed or called in question. (sec.14-ssec.1) The ombudsman may investigate administrative actions of agencies. (sec.14-ssec.2) The ombudsman may investigate an administrative action despite a provision in any Act to the effect that the action is final or can not be appealed against, challenged, reviewed, quashed or called in question.

sec.15 Liaison with complaints entity

The ombudsman may— liaise with a complaints entity about the exercise by the ombudsman and the complaints entity of their respective functions for investigating administrative actions; and enter into an arrangement with the complaints entity aimed at avoiding inappropriate duplication of investigative activity.

• (a) liaise with a complaints entity about the exercise by the ombudsman and the complaints entity of their respective functions for investigating administrative actions; and
• (b) enter into an arrangement with the complaints entity aimed at avoiding inappropriate duplication of investigative activity.

sec.16 What ombudsman may not investigate

The ombudsman must not question the merits of— a decision, including a policy decision, made by a Minister or Cabinet; or a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet. Also, the ombudsman must not investigate administrative action taken by— a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or the auditor-general; or a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 . s 16 amd 2003 No. 19 s 3 sch ; 2006 No. 25 s 241 (1) sch 3 ; 2009 No. 13 s 205 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2023 No. 32 s 77 (sec.16-ssec.1) The ombudsman must not question the merits of— a decision, including a policy decision, made by a Minister or Cabinet; or a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet. (sec.16-ssec.2) Also, the ombudsman must not investigate administrative action taken by— a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or the auditor-general; or a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .

• (a) a decision, including a policy decision, made by a Minister or Cabinet; or
• (b) a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.
• (a) a tribunal, or a member of a tribunal, in the performance of the tribunal’s deliberative functions; or
• (b) a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or
• (c) a member of the police service, if the action may be, or has been, investigated under the Crime and Corruption Act 2001 ; or
• (d) a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990 , part 7 because of the action; or
• (e) the auditor-general; or
• (f) a mediator at a mediation session under the Dispute Resolution Centres Act 1990 ; or
• (g) a person in a capacity as a conciliator under the Health Rights Commission Act 1991 , the repealed Health Quality and Complaints Commission Act 2006 or the Health Ombudsman Act 2013 ; or
• (h) the information commissioner in the performance of the commissioner’s functions under the Right to Information Act 2009 , section 128 , 129 , 130 or 131 or the Information Privacy Act 2009 , section 135 or 136 .

sec.17 Application to Supreme Court

This section applies if, in an investigation, a question arises about whether the ombudsman has jurisdiction to conduct the investigation. The ombudsman may apply to the Supreme Court to decide the question. The application must be heard in closed court. This section does not stop applications being made under the Judicial Review Act 1991 by entities whose actions are being investigated or by complainants. (sec.17-ssec.1) This section applies if, in an investigation, a question arises about whether the ombudsman has jurisdiction to conduct the investigation. (sec.17-ssec.2) The ombudsman may apply to the Supreme Court to decide the question. (sec.17-ssec.3) The application must be heard in closed court. This section does not stop applications being made under the Judicial Review Act 1991 by entities whose actions are being investigated or by complainants.

When administrative actions may be investigated

sec.18 When ombudsman may investigate administrative action

The ombudsman may investigate administrative action of an agency if— a complaint is made about the administrative action; or the ombudsman otherwise considers the administrative action should be investigated. The ombudsman must investigate a parliamentary reference of an administrative action of an agency. (sec.18-ssec.1) The ombudsman may investigate administrative action of an agency if— a complaint is made about the administrative action; or the ombudsman otherwise considers the administrative action should be investigated. (sec.18-ssec.2) The ombudsman must investigate a parliamentary reference of an administrative action of an agency.

• (a) a complaint is made about the administrative action; or
• (b) the ombudsman otherwise considers the administrative action should be investigated.

sec.19 Assembly may refer administrative action for investigation

The Assembly or a statutory committee of the Assembly may refer to the ombudsman, for investigation and report, any administrative action of an agency the ombudsman may investigate that the Assembly or committee considers should be investigated by the ombudsman. The ombudsman must ensure the investigation is started as soon as possible after the reference is made. (sec.19-ssec.1) The Assembly or a statutory committee of the Assembly may refer to the ombudsman, for investigation and report, any administrative action of an agency the ombudsman may investigate that the Assembly or committee considers should be investigated by the ombudsman. (sec.19-ssec.2) The ombudsman must ensure the investigation is started as soon as possible after the reference is made.

Complaints

sec.20 Complaints

Unless this section otherwise provides, a complaint about an administrative action of an agency— may be made orally or in written form; and may be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and must be made within 1 year after the day the complainant first had notice of the action. For subsection (1) (c) , a complainant is taken to have had notice of the action at the time the complainant might reasonably be expected to have had notice of the action. Despite subsection (1) , the ombudsman may— decline to investigate an oral complaint until the complaint is put in writing; or accept a complaint made for a complainant by a person apparently representing the complainant; or accept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or accept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action. The ombudsman may, if the ombudsman considers it necessary for achieving the objects of this Act for a particular complaint, give a person the help necessary to put the complaint in writing. However, if the person who could have made a complaint under this Act has died or the ombudsman considers the person can not, for any reason, act for himself or herself, the complaint may be made by an individual who is, in the ombudsman’s opinion, suitable to represent the person (also a complainant ). Also, if a person making the complaint is in custody or detention, the relevant custodian must ensure all necessary steps are taken to facilitate the making of the complaint. Maximum penalty for subsection (6) —100 penalty units or 1 year’s imprisonment. In this section— relevant custodian means— if the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or otherwise—the person in charge of the place of custody or detention. s 20 amd 2006 No. 29 s 518 sch 3 (sec.20-ssec.1) Unless this section otherwise provides, a complaint about an administrative action of an agency— may be made orally or in written form; and may be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and must be made within 1 year after the day the complainant first had notice of the action. (sec.20-ssec.2) For subsection (1) (c) , a complainant is taken to have had notice of the action at the time the complainant might reasonably be expected to have had notice of the action. (sec.20-ssec.3) Despite subsection (1) , the ombudsman may— decline to investigate an oral complaint until the complaint is put in writing; or accept a complaint made for a complainant by a person apparently representing the complainant; or accept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or accept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action. (sec.20-ssec.4) The ombudsman may, if the ombudsman considers it necessary for achieving the objects of this Act for a particular complaint, give a person the help necessary to put the complaint in writing. (sec.20-ssec.5) However, if the person who could have made a complaint under this Act has died or the ombudsman considers the person can not, for any reason, act for himself or herself, the complaint may be made by an individual who is, in the ombudsman’s opinion, suitable to represent the person (also a complainant ). (sec.20-ssec.6) Also, if a person making the complaint is in custody or detention, the relevant custodian must ensure all necessary steps are taken to facilitate the making of the complaint. Maximum penalty for subsection (6) —100 penalty units or 1 year’s imprisonment. (sec.20-ssec.7) In this section— relevant custodian means— if the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or otherwise—the person in charge of the place of custody or detention.

• (a) may be made orally or in written form; and
• (b) may be made by any person, or by any body of persons, whether incorporated or not ( complainant ), apparently directly affected by the action; and
• (c) must be made within 1 year after the day the complainant first had notice of the action.
• (a) decline to investigate an oral complaint until the complaint is put in writing; or
• (b) accept a complaint made for a complainant by a person apparently representing the complainant; or
• (c) accept a complaint after the end of the period mentioned in subsection (1) (c) if the ombudsman considers it is proper to accept the complaint because special circumstances exist; or
• (d) accept a complaint even though the complaint may not on its face be against an administrative action or agency if the ombudsman considers there is a likelihood that the cause for complaint arose from an administrative action.
• (a) if the person making the complaint is in the custody of the chief executive (corrective services)—the chief executive (corrective services); or
• (b) otherwise—the person in charge of the place of custody or detention.

sec.21 Effect of restrictive provisions on complaints

If a provision, of an Act, prohibits or restricts, or authorises or requires the imposition of prohibitions or restrictions on, communication, the provision does not apply to a communication made for the purpose of making a complaint under this Act.

sec.22 Preliminary inquiry

For this division, the ombudsman may make reasonably necessary inquiries to decide whether a complaint should be investigated. The principal officer of the agency must give the ombudsman reasonable help in the conduct of a preliminary inquiry. (sec.22-ssec.1) For this division, the ombudsman may make reasonably necessary inquiries to decide whether a complaint should be investigated. (sec.22-ssec.2) The principal officer of the agency must give the ombudsman reasonable help in the conduct of a preliminary inquiry.

sec.23 Refusal to investigate complaint

The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that— the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or the complainant does not have a sufficient direct interest in the action complained of; or both of the following apply— the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or both of the following apply— the complainant had a right of appeal, reference or review, or another remedy that is exhausted; in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable. Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint. A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court. If the ombudsman— can not investigate a complaint; or refuses to investigate a complaint; or refuses to continue an investigation of a complaint; the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable. s 23 amd 2007 No. 37 s 124 (sec.23-ssec.1) The ombudsman may refuse to investigate a complaint or, having started to investigate a complaint, may refuse to continue the investigation if the ombudsman considers that— the complaint is trivial; or the complaint is frivolous or vexatious or is not made in good faith; or the complainant does not have a sufficient direct interest in the action complained of; or both of the following apply— the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or both of the following apply— the complainant had a right of appeal, reference or review, or another remedy that is exhausted; in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable. (sec.23-ssec.2) Also, the ombudsman need not investigate a complaint to the extent that the ombudsman is satisfied a complaints entity has investigated, or will investigate, the action complained of at a level at least substantially equivalent to the level at which the ombudsman would otherwise investigate the complaint. (sec.23-ssec.3) A right or remedy mentioned in subsection (1) (d) (i) or (e)(i) does not include a right under the Judicial Review Act 1991 to make application to the Supreme Court. (sec.23-ssec.4) If the ombudsman— can not investigate a complaint; or refuses to investigate a complaint; or refuses to continue an investigation of a complaint; the ombudsman must inform the complainant, in a way the ombudsman considers appropriate, of the decision and the reasons for the decision as soon as reasonably practicable.

• (a) the complaint is trivial; or
• (b) the complaint is frivolous or vexatious or is not made in good faith; or
• (c) the complainant does not have a sufficient direct interest in the action complained of; or
• (d) both of the following apply— (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or
• (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;
• (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or
• (e) both of the following apply— (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted; (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or
• (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted;
• (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or
• (f) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable.
• (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted;
• (ii) it would be reasonable in the circumstances to require the person to exhaust the right or remedy before the ombudsman investigates, or continues to investigate, the complaint; or
• (i) the complainant had a right of appeal, reference or review, or another remedy that is exhausted;
• (ii) in the circumstances, the investigation, or the continuance of the investigation, of the action complained of is unnecessary or unjustifiable; or
• (a) can not investigate a complaint; or
• (b) refuses to investigate a complaint; or
• (c) refuses to continue an investigation of a complaint;

Other provisions

sec.24 Investigations generally

The ombudsman may conduct an investigation or part of an investigation— informally; or by exercising powers under part 4 . If an investigation is being conducted informally under subsection (1) (a) , the principal officer of the agency to which the investigation relates must give the ombudsman reasonable help in the conduct of the investigation. s 24 amd 2017 No. 17 s 174 (sec.24-ssec.1) The ombudsman may conduct an investigation or part of an investigation— informally; or by exercising powers under part 4 . (sec.24-ssec.2) If an investigation is being conducted informally under subsection (1) (a) , the principal officer of the agency to which the investigation relates must give the ombudsman reasonable help in the conduct of the investigation.

• (a) informally; or
• (b) by exercising powers under part 4 .

sec.25 Procedure

Unless this Act otherwise provides, the ombudsman may regulate the procedure on an investigation in the way the ombudsman considers appropriate. The ombudsman, when conducting an investigation— must conduct the investigation in a way that maintains confidentiality; and is not bound by the rules of evidence, but must comply with natural justice; and is not required to hold a hearing for the investigation; and may obtain information from the persons, and in the way, the ombudsman considers appropriate; and may make the inquiries the ombudsman considers appropriate. (sec.25-ssec.1) Unless this Act otherwise provides, the ombudsman may regulate the procedure on an investigation in the way the ombudsman considers appropriate. (sec.25-ssec.2) The ombudsman, when conducting an investigation— must conduct the investigation in a way that maintains confidentiality; and is not bound by the rules of evidence, but must comply with natural justice; and is not required to hold a hearing for the investigation; and may obtain information from the persons, and in the way, the ombudsman considers appropriate; and may make the inquiries the ombudsman considers appropriate.

• (a) must conduct the investigation in a way that maintains confidentiality; and
• (b) is not bound by the rules of evidence, but must comply with natural justice; and
• (c) is not required to hold a hearing for the investigation; and
• (d) may obtain information from the persons, and in the way, the ombudsman considers appropriate; and
• (e) may make the inquiries the ombudsman considers appropriate.

sec.26 Consultation

The ombudsman may, during or after an investigation, consult any Minister who is concerned in the action complained of. The ombudsman must consult with a Minister if— either— the Minister asks to consult with the ombudsman about an investigation; or an investigation relates to a recommendation made to the Minister; and the ombudsman is considering making a report under section 50 about the investigation. If, during an investigation, the ombudsman considers there may be grounds for making a report on the investigation that may affect or concern an agency, the ombudsman must, before making the report, give the principal officer of the agency an opportunity to comment on the matter under investigation. In this section— Minister includes a local government’s chairperson, mayor or president. (sec.26-ssec.1) The ombudsman may, during or after an investigation, consult any Minister who is concerned in the action complained of. (sec.26-ssec.2) The ombudsman must consult with a Minister if— either— the Minister asks to consult with the ombudsman about an investigation; or an investigation relates to a recommendation made to the Minister; and the ombudsman is considering making a report under section 50 about the investigation. (sec.26-ssec.3) If, during an investigation, the ombudsman considers there may be grounds for making a report on the investigation that may affect or concern an agency, the ombudsman must, before making the report, give the principal officer of the agency an opportunity to comment on the matter under investigation. (sec.26-ssec.4) In this section— Minister includes a local government’s chairperson, mayor or president.

• (a) either— (i) the Minister asks to consult with the ombudsman about an investigation; or (ii) an investigation relates to a recommendation made to the Minister; and
• (i) the Minister asks to consult with the ombudsman about an investigation; or
• (ii) an investigation relates to a recommendation made to the Minister; and
• (b) the ombudsman is considering making a report under section 50 about the investigation.
• (i) the Minister asks to consult with the ombudsman about an investigation; or
• (ii) an investigation relates to a recommendation made to the Minister; and

Powers and procedures for investigations

Ombudsman’s powers for conducting investigations

sec.27 Notice to principal officer

If— the ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and the ombudsman intends to exercise powers under this part; the ombudsman must, before exercising the powers, give the principal officer of the agency a notice under subsection (2) . The notice must— inform the officer of the ombudsman’s intention to conduct the investigation; and identify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and inform the officer in general terms of the powers the ombudsman may exercise under this part for investigations. On the giving of the notice, the ombudsman may exercise powers under this part for the investigation. (sec.27-ssec.1) If— the ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and the ombudsman intends to exercise powers under this part; the ombudsman must, before exercising the powers, give the principal officer of the agency a notice under subsection (2) . (sec.27-ssec.2) The notice must— inform the officer of the ombudsman’s intention to conduct the investigation; and identify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and inform the officer in general terms of the powers the ombudsman may exercise under this part for investigations. (sec.27-ssec.3) On the giving of the notice, the ombudsman may exercise powers under this part for the investigation.

• (a) the ombudsman decides, or is required, to conduct an investigation into an administrative action of an agency; and
• (b) the ombudsman intends to exercise powers under this part;
• (a) inform the officer of the ombudsman’s intention to conduct the investigation; and
• (b) identify, to the extent reasonable in the circumstances, the administrative action the subject of the investigation; and
• (c) inform the officer in general terms of the powers the ombudsman may exercise under this part for investigations.

sec.28 Requirement to give document or information

The ombudsman may by notice given to a person, require the person, within a stated reasonable time— to give the ombudsman— an oral or written statement of information of a stated type relevant to the investigation; or a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or to create, and give the ombudsman, a document containing information reasonably required for the investigation.

• (a) to give the ombudsman— (i) an oral or written statement of information of a stated type relevant to the investigation; or (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or
• (i) an oral or written statement of information of a stated type relevant to the investigation; or
• (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or
• (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or
• (b) to create, and give the ombudsman, a document containing information reasonably required for the investigation.
• (i) an oral or written statement of information of a stated type relevant to the investigation; or
• (ii) a stated document or other stated thing relevant to the investigation, or a copy of a stated document; or
• (iii) all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type; or

sec.29 Requirement to attend and to give document or information

The ombudsman may by notice given to a person, require the person— to attend before the ombudsman at a stated reasonable place and time; and at the stated place and time, to do 1 or more of the following as stated in the notice— give the ombudsman information of a stated type relevant to the investigation; answer questions relevant to the investigation the ombudsman reasonably requires to be answered; give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document; give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type. If the person is a prisoner, the ombudsman may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place. A direction mentioned in subsection (2) is lawful authority to the chief executive (corrective services) for production of the prisoner as directed. The chief executive (corrective services) must comply with the direction served on the chief executive. A prisoner produced under this section remains in the custody of the chief executive (corrective services). In this section— prisoner means a person in the custody of the chief executive (corrective services). s 29 amd 2006 No. 29 s 518 sch 3 (sec.29-ssec.1) The ombudsman may by notice given to a person, require the person— to attend before the ombudsman at a stated reasonable place and time; and at the stated place and time, to do 1 or more of the following as stated in the notice— give the ombudsman information of a stated type relevant to the investigation; answer questions relevant to the investigation the ombudsman reasonably requires to be answered; give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document; give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type. (sec.29-ssec.2) If the person is a prisoner, the ombudsman may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place. (sec.29-ssec.3) A direction mentioned in subsection (2) is lawful authority to the chief executive (corrective services) for production of the prisoner as directed. (sec.29-ssec.4) The chief executive (corrective services) must comply with the direction served on the chief executive. (sec.29-ssec.5) A prisoner produced under this section remains in the custody of the chief executive (corrective services). (sec.29-ssec.6) In this section— prisoner means a person in the custody of the chief executive (corrective services).

• (a) to attend before the ombudsman at a stated reasonable place and time; and
• (b) at the stated place and time, to do 1 or more of the following as stated in the notice— (i) give the ombudsman information of a stated type relevant to the investigation; (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered; (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document; (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.
• (i) give the ombudsman information of a stated type relevant to the investigation;
• (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered;
• (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document;
• (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.
• (i) give the ombudsman information of a stated type relevant to the investigation;
• (ii) answer questions relevant to the investigation the ombudsman reasonably requires to be answered;
• (iii) give the ombudsman a stated document or other stated thing relevant to the investigation, or a copy of a stated document;
• (iv) give the ombudsman all documents of a stated type containing information relevant to the investigation, or copies of documents of the stated type.

sec.30 Compliance with investigation requirement

A person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. An excuse is a reasonable excuse for subsection (1) if— within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable. Subsection (2) does not limit what is a reasonable excuse. It is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person. See section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) . s 30 amd 2017 No. 17 s 175 (sec.30-ssec.1) A person who receives an investigation requirement must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.30-ssec.2) An excuse is a reasonable excuse for subsection (1) if— within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable. (sec.30-ssec.3) Subsection (2) does not limit what is a reasonable excuse. (sec.30-ssec.4) It is not a reasonable excuse for subsection (1) that complying with the investigation requirement might tend to incriminate the person. See section 48 for the restrictions on the admissibility in a proceeding of information given, or derived from information given, under subsection (1) .

• (a) within the time for compliance with the investigation requirement, the person gives the ombudsman a notice of the excuse in enough detail to allow the ombudsman to form an opinion on whether the excuse is reasonable; and
• (b) the ombudsman advises the person that, in the ombudsman’s opinion, the excuse is reasonable.

sec.31 Power of court if noncompliance with investigation requirement

This section applies if, without reasonable excuse, a person fails to comply with an investigation requirement. A Magistrates Court, at the request of the ombudsman, may issue a subpoena requiring the attendance of the person before the ombudsman. The Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 . In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence. s 31 amd 2023 No. 23 s 163 (sec.31-ssec.1) This section applies if, without reasonable excuse, a person fails to comply with an investigation requirement. (sec.31-ssec.2) A Magistrates Court, at the request of the ombudsman, may issue a subpoena requiring the attendance of the person before the ombudsman. (sec.31-ssec.3) The Uniform Civil Procedure Rules 1999 , other than rules 417 , 418 and 420 , apply to the subpoena. See the Uniform Civil Procedure Rules 1999 , chapter 11 , part 4 . (sec.31-ssec.4) In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence.

• (a) a subpoena for production; or
• (b) a subpoena to give evidence; or
• (c) a subpoena for production and to give evidence.

sec.32 Custody of document given to ombudsman

If a document or other thing is produced to the ombudsman under this division— the ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and if it is a document, take extracts from it and make copies of it. While the ombudsman has possession of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession. (sec.32-ssec.1) If a document or other thing is produced to the ombudsman under this division— the ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and if it is a document, take extracts from it and make copies of it. (sec.32-ssec.2) While the ombudsman has possession of the document or other thing, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.

• (a) the ombudsman may keep the document or thing for a reasonable period for conducting the investigation; and
• (b) if it is a document, take extracts from it and make copies of it.

sec.33 Way of giving information

If a person is required to give information under this division, whether or not through answering questions, the ombudsman may— require the information to be given on oath; and administer the required oath. The oath to be taken by a person for this section is an oath that the information the person will give will be true. A person required to give information on oath must not refuse to be sworn. Maximum penalty for subsection (3) —100 penalty units. (sec.33-ssec.1) If a person is required to give information under this division, whether or not through answering questions, the ombudsman may— require the information to be given on oath; and administer the required oath. (sec.33-ssec.2) The oath to be taken by a person for this section is an oath that the information the person will give will be true. (sec.33-ssec.3) A person required to give information on oath must not refuse to be sworn. Maximum penalty for subsection (3) —100 penalty units.

• (a) require the information to be given on oath; and
• (b) administer the required oath.

sec.34 Investigation at agency premises

The ombudsman may, on the giving of reasonable notice to the principal officer of an agency, and at a reasonable time— enter and inspect a place occupied by the agency; and take into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and take extracts from, or copy in any way, documents located at the place; and require an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) . A person given a requirement under subsection (1) (d) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units. (sec.34-ssec.1) The ombudsman may, on the giving of reasonable notice to the principal officer of an agency, and at a reasonable time— enter and inspect a place occupied by the agency; and take into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and take extracts from, or copy in any way, documents located at the place; and require an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) . (sec.34-ssec.2) A person given a requirement under subsection (1) (d) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (2) —100 penalty units.

• (a) enter and inspect a place occupied by the agency; and
• (b) take into the place the persons, equipment and materials the ombudsman reasonably requires for the investigation; and
• (c) take extracts from, or copy in any way, documents located at the place; and
• (d) require an officer of the agency at the place to give the ombudsman reasonable help in exercising the powers mentioned in paragraphs (a) to (c) .

sec.35 Expenses

The ombudsman may pay the reasonable expenses incurred by a person in complying with a requirement of the ombudsman under this division or in otherwise helping the ombudsman in an investigation. In subsection (1) — person does not include any of the following— an agency; an officer of an agency carrying out the officer’s duties with the agency; if the investigation arose from a complaint—the complainant. (sec.35-ssec.1) The ombudsman may pay the reasonable expenses incurred by a person in complying with a requirement of the ombudsman under this division or in otherwise helping the ombudsman in an investigation. (sec.35-ssec.2) In subsection (1) — person does not include any of the following— an agency; an officer of an agency carrying out the officer’s duties with the agency; if the investigation arose from a complaint—the complainant.

• (a) an agency;
• (b) an officer of an agency carrying out the officer’s duties with the agency;
• (c) if the investigation arose from a complaint—the complainant.

Arrest warrants

sec.36 Application for arrest warrant

The ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if— the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement. The application must be sworn and state the grounds on which the warrant is sought. The magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. (sec.36-ssec.1) The ombudsman may apply to a magistrate for a warrant for the arrest of a person ( arrest warrant ) if— the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement. (sec.36-ssec.2) The application must be sworn and state the grounds on which the warrant is sought. (sec.36-ssec.3) The magistrate may refuse to consider the application until the ombudsman gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.

• (a) the person has not complied with an investigation requirement given to the person under section 29 (1) to attend before the ombudsman; and
• (b) the ombudsman has not given the person advice under section 30 (2) to the effect that an excuse given by the person for not attending is, in the ombudsman’s opinion, a reasonable excuse; and
• (c) the person has also not complied with a subpoena issued because of the failure to comply with the investigation requirement.

sec.37 Issue of arrest warrant

The magistrate may issue an arrest warrant only if the magistrate is satisfied— the person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and the warrant is necessary to ensure the person attends before the ombudsman. The warrant must state that a police officer may arrest the person named in the warrant and cause the person to attend before the ombudsman. For particular police powers relating to the arrest of a person, see the Police Powers and Responsibilities Act 2000 , sections 21 and 615 . Also, for what happens if the person can not be taken before the ombudsman on the day of the arrest, see section 395 of that Act. (sec.37-ssec.1) The magistrate may issue an arrest warrant only if the magistrate is satisfied— the person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and the warrant is necessary to ensure the person attends before the ombudsman. (sec.37-ssec.2) The warrant must state that a police officer may arrest the person named in the warrant and cause the person to attend before the ombudsman. For particular police powers relating to the arrest of a person, see the Police Powers and Responsibilities Act 2000 , sections 21 and 615 . Also, for what happens if the person can not be taken before the ombudsman on the day of the arrest, see section 395 of that Act.

• (a) the person has refused to attend before the ombudsman under an investigation requirement or a subpoena; and
• (b) the warrant is necessary to ensure the person attends before the ombudsman.

Contempt

sec.38 Contempt of ombudsman

A person is in contempt of the ombudsman if, in an investigation, the person— insults or threatens— the ombudsman; or a person who gives or is to give information or a document to the ombudsman; or a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or obstructs or assaults a person who attends, or is to attend, before the ombudsman; or by writing or speech uses false and defamatory words about the ombudsman; or does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially. Also, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document. In this section— ombudsman includes an officer of the ombudsman. s 38 amd 2017 No. 17 s 176 (sec.38-ssec.1) A person is in contempt of the ombudsman if, in an investigation, the person— insults or threatens— the ombudsman; or a person who gives or is to give information or a document to the ombudsman; or a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or obstructs or assaults a person who attends, or is to attend, before the ombudsman; or by writing or speech uses false and defamatory words about the ombudsman; or does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially. (sec.38-ssec.2) Also, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document. (sec.38-ssec.3) In this section— ombudsman includes an officer of the ombudsman.

• (a) insults or threatens— (i) the ombudsman; or (ii) a person who gives or is to give information or a document to the ombudsman; or (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or
• (i) the ombudsman; or
• (ii) a person who gives or is to give information or a document to the ombudsman; or
• (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or
• (b) deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or
• (c) creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or
• (d) obstructs or assaults a person who attends, or is to attend, before the ombudsman; or
• (e) by writing or speech uses false and defamatory words about the ombudsman; or
• (f) does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.
• (i) the ombudsman; or
• (ii) a person who gives or is to give information or a document to the ombudsman; or
• (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or

sec.39 Punishment of contempt

A person’s contempt of the ombudsman may be punished under this section. The ombudsman may certify the contempt in writing to the Supreme Court (the court ). For subsection (2) , it is enough for the ombudsman to be satisfied there is evidence of contempt. The court may issue a warrant directed to a police officer for the arrest of the person to be brought before the court to be dealt with according to law. The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. The court must inquire into the alleged contempt. The court must hear— witnesses and evidence that may be produced against or for the person whose contempt was certified; and any statement given by the person in defence. If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in a proceeding in the court for the enforcement of a non-money order. The Uniform Civil Procedure Rules 1999 , so far as they relate to the enforcement of non-money orders, apply, with necessary changes, to the court’s investigation, hearing and power to punish. The ombudsman’s certificate of contempt is evidence of the matters stated in the certificate. (sec.39-ssec.1) A person’s contempt of the ombudsman may be punished under this section. (sec.39-ssec.2) The ombudsman may certify the contempt in writing to the Supreme Court (the court ). (sec.39-ssec.3) For subsection (2) , it is enough for the ombudsman to be satisfied there is evidence of contempt. (sec.39-ssec.4) The court may issue a warrant directed to a police officer for the arrest of the person to be brought before the court to be dealt with according to law. (sec.39-ssec.5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. (sec.39-ssec.6) The court must inquire into the alleged contempt. (sec.39-ssec.7) The court must hear— witnesses and evidence that may be produced against or for the person whose contempt was certified; and any statement given by the person in defence. (sec.39-ssec.8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in a proceeding in the court for the enforcement of a non-money order. (sec.39-ssec.9) The Uniform Civil Procedure Rules 1999 , so far as they relate to the enforcement of non-money orders, apply, with necessary changes, to the court’s investigation, hearing and power to punish. (sec.39-ssec.10) The ombudsman’s certificate of contempt is evidence of the matters stated in the certificate.

• (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and
• (b) any statement given by the person in defence.

sec.40 Conduct that is contempt and offence

If conduct of an offender is both contempt of the ombudsman and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct. In this section— offender means a person guilty, or alleged to be guilty, of contempt of the ombudsman. (sec.40-ssec.1) If conduct of an offender is both contempt of the ombudsman and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct. (sec.40-ssec.2) In this section— offender means a person guilty, or alleged to be guilty, of contempt of the ombudsman.

Offences

sec.41 False or misleading statement

A person must not state anything to the ombudsman or an officer of the ombudsman the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’. (sec.41-ssec.1) A person must not state anything to the ombudsman or an officer of the ombudsman the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (sec.41-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’.

sec.42 False or misleading document

A person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. Subsection (1) does not apply to a person if the person, when giving the document— tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and if the person, has, or can reasonably obtain, the correct information—gives the correct information. It is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’. (sec.42-ssec.1) A person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (sec.42-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and if the person, has, or can reasonably obtain, the correct information—gives the correct information. (sec.42-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’.

• (a) tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and
• (b) if the person, has, or can reasonably obtain, the correct information—gives the correct information.

sec.43 Offence to assault or obstruct ombudsman or officer of ombudsman

A person must not assault or obstruct the ombudsman or an officer of the ombudsman in the performance of duties under this Act. Maximum penalty—40 penalty units or 6 months imprisonment. In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct. (sec.43-ssec.1) A person must not assault or obstruct the ombudsman or an officer of the ombudsman in the performance of duties under this Act. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.43-ssec.2) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct.

Other provisions supporting performance of ombudsman’s functions

sec.44 Application of Criminal Code

The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act. Without limiting subsection (1) , for applying the identified provisions to an investigation— the investigation is a judicial proceeding; and the ombudsman is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as ombudsman; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the ombudsman. (sec.44-ssec.1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to investigations under this Act. (sec.44-ssec.2) Without limiting subsection (1) , for applying the identified provisions to an investigation— the investigation is a judicial proceeding; and the ombudsman is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as ombudsman; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the ombudsman.

• (a) the investigation is a judicial proceeding; and
• (b) the ombudsman is the holder of a judicial office; and
• (c) a reference to judicial capacity is a reference to capacity as ombudsman; and
• (d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and
• (e) a reference to a witness is a reference to a person from whom the ombudsman may obtain information; and
• (f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and
• (g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and
• (h) a reference to a tribunal is a reference to the ombudsman.

sec.45 Information disclosure and privilege

No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to officers of an agency, whether imposed by any Act or by a rule of law, applies to the disclosure of information relevant to a preliminary inquiry or an investigation by the ombudsman. In a preliminary inquiry or an investigation, the State or an agency is not entitled to any privilege that would apply to the production of documents, or the giving of evidence, relevant to the investigation, in a legal proceeding. A person has, for the giving of information and the production of documents or other things relevant to a preliminary inquiry or an investigation, equivalent privileges to the privileges the person would have as a witness in proceedings in a court. Subsection (3) has effect subject to subsections (1) and (2) and part 4 , division 1 . (sec.45-ssec.1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or given to officers of an agency, whether imposed by any Act or by a rule of law, applies to the disclosure of information relevant to a preliminary inquiry or an investigation by the ombudsman. (sec.45-ssec.2) In a preliminary inquiry or an investigation, the State or an agency is not entitled to any privilege that would apply to the production of documents, or the giving of evidence, relevant to the investigation, in a legal proceeding. (sec.45-ssec.3) A person has, for the giving of information and the production of documents or other things relevant to a preliminary inquiry or an investigation, equivalent privileges to the privileges the person would have as a witness in proceedings in a court. (sec.45-ssec.4) Subsection (3) has effect subject to subsections (1) and (2) and part 4 , division 1 .

sec.46 Disclosure of certain matters not required

This Act does not require or authorise a person— to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) . For subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified. The ombudsman must not require— any information or answer to be given; or the production of any document or thing; if the Attorney-General certifies, in writing, that the giving of the information, or the answering of the question, or the production of the document or thing might prejudice the security of the State or the investigation or detection of offences. (sec.46-ssec.1) This Act does not require or authorise a person— to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) . (sec.46-ssec.2) For subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified. (sec.46-ssec.3) The ombudsman must not require— any information or answer to be given; or the production of any document or thing; if the Attorney-General certifies, in writing, that the giving of the information, or the answering of the question, or the production of the document or thing might prejudice the security of the State or the investigation or detection of offences.

• (a) to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or
• (b) to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .
• (a) any information or answer to be given; or
• (b) the production of any document or thing;

sec.47 Protection of person helping ombudsman

A person must not cause, or threaten, attempt or conspire to cause, detriment to another person because, or in the belief that, any person— has made, or may make, a complaint to the ombudsman; or has given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation. Maximum penalty—100 penalty units. An attempt to cause detriment includes an attempt to induce a person to cause detriment. In this section— detriment , to a person, includes dismissal of the person from the person’s employment. s 47 amd 2017 No. 17 s 177 (sec.47-ssec.1) A person must not cause, or threaten, attempt or conspire to cause, detriment to another person because, or in the belief that, any person— has made, or may make, a complaint to the ombudsman; or has given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation. Maximum penalty—100 penalty units. (sec.47-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (sec.47-ssec.3) In this section— detriment , to a person, includes dismissal of the person from the person’s employment.

• (a) has made, or may make, a complaint to the ombudsman; or
• (b) has given, or may give, the ombudsman information or a document or other thing for the purposes of a preliminary inquiry or an investigation.

sec.48 Inadmissibility of particular information in proceedings

This section applies if an individual gives information to the ombudsman under an investigation requirement. The following information is not admissible in any proceeding as evidence against the individual— the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ). Subsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence. In this section— information includes a document. s 48 sub 2017 No. 17 s 178 (sec.48-ssec.1) This section applies if an individual gives information to the ombudsman under an investigation requirement. (sec.48-ssec.2) The following information is not admissible in any proceeding as evidence against the individual— the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ). (sec.48-ssec.3) Subsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence. (sec.48-ssec.4) In this section— information includes a document.

• (a) the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence );
• (b) any information obtained as a direct or indirect result of primary evidence ( derived evidence ).

Reports and recommendations

Reports on particular investigations

sec.49 Investigations to which div 1 applies

This division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference. However, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates— was taken contrary to law; or was unreasonable, unjust, oppressive, or improperly discriminatory; or was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or was taken— for an improper purpose; or on irrelevant grounds; or having regard to irrelevant considerations; or was an action for which reasons should have been given, but were not given; or was based wholly or partly on a mistake of law or fact; or was wrong. s 49 amd 2017 No. 17 s 179 (sec.49-ssec.1) This division applies to an investigation of an administrative action of an agency, other than an investigation started because of a parliamentary reference. (sec.49-ssec.2) However, this division applies to an investigation only if the ombudsman considers that the administrative action to which the investigation relates— was taken contrary to law; or was unreasonable, unjust, oppressive, or improperly discriminatory; or was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or was taken— for an improper purpose; or on irrelevant grounds; or having regard to irrelevant considerations; or was an action for which reasons should have been given, but were not given; or was based wholly or partly on a mistake of law or fact; or was wrong.

• (a) was taken contrary to law; or
• (b) was unreasonable, unjust, oppressive, or improperly discriminatory; or
• (c) was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or
• (d) was taken— (i) for an improper purpose; or (ii) on irrelevant grounds; or (iii) having regard to irrelevant considerations; or
• (i) for an improper purpose; or
• (ii) on irrelevant grounds; or
• (iii) having regard to irrelevant considerations; or
• (e) was an action for which reasons should have been given, but were not given; or
• (f) was based wholly or partly on a mistake of law or fact; or
• (g) was wrong.
• (i) for an improper purpose; or
• (ii) on irrelevant grounds; or
• (iii) having regard to irrelevant considerations; or

sec.50 Report and recommendations

This section applies if the ombudsman considers— the administrative action should be referred to the agency for further consideration; or action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or a practice under which the administrative action was taken should be changed; or any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or reasons, or further reasons, should be given for the administrative action; or any other steps should be taken. The ombudsman may— give the principal officer of the agency a report that— states the action the ombudsman considers should be taken; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency. If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman— must give the principal officer of the agency a report that— states the nature of the breach of duty or misconduct; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— the responsible Minister for the agency; and if the agency is a local government—the local government’s mayor. The ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act. If the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must— give a copy of the report to all the members, however named, of the local government; and if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed. s 50 amd 2003 No. 19 s 3 sch ; 2014 No. 21 s 94 (2) sch 2 sub 2017 No. 17 s 180 (sec.50-ssec.1) This section applies if the ombudsman considers— the administrative action should be referred to the agency for further consideration; or action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or a practice under which the administrative action was taken should be changed; or any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or reasons, or further reasons, should be given for the administrative action; or any other steps should be taken. (sec.50-ssec.2) The ombudsman may— give the principal officer of the agency a report that— states the action the ombudsman considers should be taken; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency. (sec.50-ssec.3) If, during or after the investigation, the ombudsman considers there is evidence of a breach of duty or misconduct on the part of an officer of the agency, the ombudsman— must give the principal officer of the agency a report that— states the nature of the breach of duty or misconduct; and makes recommendations the ombudsman considers appropriate; and if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— the responsible Minister for the agency; and if the agency is a local government—the local government’s mayor. The ombudsman must also, under the Crime and Corruption Act 2001 , section 38 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act. (sec.50-ssec.4) If the principal officer of a local government is given a report under subsection (2) (a) or (3) (a) , the principal officer must— give a copy of the report to all the members, however named, of the local government; and if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.

• (a) the administrative action should be referred to the agency for further consideration; or
• (b) action can be, and should be, taken to rectify, mitigate or change the effects of, the administrative action; or
• (c) a practice under which the administrative action was taken should be changed; or
• (d) any law under which, or on the basis of which, the administrative action was taken should be reconsidered; or
• (e) reasons, or further reasons, should be given for the administrative action; or
• (f) any other steps should be taken.
• (a) give the principal officer of the agency a report that— (i) states the action the ombudsman considers should be taken; and (ii) makes recommendations the ombudsman considers appropriate; and
• (i) states the action the ombudsman considers should be taken; and
• (ii) makes recommendations the ombudsman considers appropriate; and
• (b) if the agency is a local government—direct the principal officer to table the report at a meeting of the local government; and
• (c) if subsection (3) does not apply—give a copy of the report to the responsible Minister for the agency.
• (i) states the action the ombudsman considers should be taken; and
• (ii) makes recommendations the ombudsman considers appropriate; and
• (a) must give the principal officer of the agency a report that— (i) states the nature of the breach of duty or misconduct; and (ii) makes recommendations the ombudsman considers appropriate; and
• (i) states the nature of the breach of duty or misconduct; and
• (ii) makes recommendations the ombudsman considers appropriate; and
• (b) if the agency is a local government—may direct the principal officer to table the report at a meeting of the local government; and
• (c) may, if the ombudsman considers it appropriate in the circumstances, give a copy of the report to— (i) the responsible Minister for the agency; and (ii) if the agency is a local government—the local government’s mayor.
• (i) the responsible Minister for the agency; and
• (ii) if the agency is a local government—the local government’s mayor.
• (i) states the nature of the breach of duty or misconduct; and
• (ii) makes recommendations the ombudsman considers appropriate; and
• (i) the responsible Minister for the agency; and
• (ii) if the agency is a local government—the local government’s mayor.
• (a) give a copy of the report to all the members, however named, of the local government; and
• (b) if the principal officer is given a direction under subsection (2) (b) or (3) (b) to table a copy of the report at a meeting of the local government—table the report as directed.

sec.51 Action after report making recommendations

This section applies if the ombudsman gives the principal officer of an agency a report under section 50 that makes recommendations. The ombudsman may ask the principal officer of the agency to give the ombudsman, within a stated time, comments about— the steps taken or proposed to be taken to give effect to the recommendations; or if no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations. The ombudsman may give the Premier a copy of the report and a copy of any comments made by or for the principal officer of the agency if— it appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and within that time, the ombudsman has considered any comments made by or for the principal officer; and the ombudsman considers it appropriate. If the ombudsman gives the Premier a copy of a report (the original report ) and a copy of any comments, the ombudsman may give the Speaker, for tabling in the Assembly, another report that deals, to the extent the ombudsman considers appropriate, with the original report and the comments. s 51 amd 2017 No. 17 s 181 (sec.51-ssec.1) This section applies if the ombudsman gives the principal officer of an agency a report under section 50 that makes recommendations. (sec.51-ssec.2) The ombudsman may ask the principal officer of the agency to give the ombudsman, within a stated time, comments about— the steps taken or proposed to be taken to give effect to the recommendations; or if no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations. (sec.51-ssec.3) The ombudsman may give the Premier a copy of the report and a copy of any comments made by or for the principal officer of the agency if— it appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and within that time, the ombudsman has considered any comments made by or for the principal officer; and the ombudsman considers it appropriate. (sec.51-ssec.4) If the ombudsman gives the Premier a copy of a report (the original report ) and a copy of any comments, the ombudsman may give the Speaker, for tabling in the Assembly, another report that deals, to the extent the ombudsman considers appropriate, with the original report and the comments.

• (a) the steps taken or proposed to be taken to give effect to the recommendations; or
• (b) if no steps, or only some steps, have been or are proposed to be taken to give effect to the recommendations—the reasons for not taking steps, or all the steps, necessary to give effect to the recommendations.
• (a) it appears to the ombudsman that no steps the ombudsman considers appropriate have been taken within a reasonable time after giving the principal officer the report; and
• (b) within that time, the ombudsman has considered any comments made by or for the principal officer; and
• (c) the ombudsman considers it appropriate.

Other reports

sec.52 Report to Assembly on ombudsman’s initiative

If the ombudsman considers it appropriate, the ombudsman may give to the Speaker at any time, for tabling in the Assembly, a report on a matter arising out of the performance of the ombudsman’s functions.

sec.53 Report on parliamentary reference

If the ombudsman investigates administrative action because of a parliamentary reference, the ombudsman must give a report on the investigation to the Speaker for tabling in the Assembly.

sec.54 Other reports on authority of speaker

The Speaker may, at the ombudsman’s written request, authorise the ombudsman to publish, in the public interest or in the interests of any agency, organisation or person— a report relating generally to the performance of the ombudsman’s functions; or a report relating to any particular case investigated by the ombudsman; whether or not the matters to be dealt with in the report have been the subject of a report tabled in the Assembly under this Act.

• (a) a report relating generally to the performance of the ombudsman’s functions; or
• (b) a report relating to any particular case investigated by the ombudsman;

Miscellaneous

sec.55 Report containing adverse comment

This section applies if the ombudsman proposes to make an adverse comment about a person in a report under this Act. The ombudsman must not make the proposed adverse comment unless, before the report is prepared, the ombudsman gives the person an opportunity to make submissions about the proposed adverse comment. If the person makes submissions and the ombudsman still proposes to make the adverse comment, the ombudsman must ensure the person’s defence is fairly stated in the report. (sec.55-ssec.1) This section applies if the ombudsman proposes to make an adverse comment about a person in a report under this Act. (sec.55-ssec.2) The ombudsman must not make the proposed adverse comment unless, before the report is prepared, the ombudsman gives the person an opportunity to make submissions about the proposed adverse comment. (sec.55-ssec.3) If the person makes submissions and the ombudsman still proposes to make the adverse comment, the ombudsman must ensure the person’s defence is fairly stated in the report.

sec.56 Report not to disclose identities in particular circumstances

This section applies if— the ombudsman investigates a matter involving a person; and under an Act, the identity of the person must not be disclosed. The ombudsman must not disclose the identity of the person, or information from which the person’s identity could be deduced, in any report under section 51 (4) or division 2 . (sec.56-ssec.1) This section applies if— the ombudsman investigates a matter involving a person; and under an Act, the identity of the person must not be disclosed. (sec.56-ssec.2) The ombudsman must not disclose the identity of the person, or information from which the person’s identity could be deduced, in any report under section 51 (4) or division 2 .

• (a) the ombudsman investigates a matter involving a person; and
• (b) under an Act, the identity of the person must not be disclosed.

sec.57 Information to complainant on completion of investigation

If the ombudsman investigates administrative action because of a complaint, the ombudsman must, as soon as possible, inform the complainant, in the way the ombudsman considers appropriate, of the result of the investigation.

sec.57A Copy of report may be given to particular persons

This section applies if a report prepared by the ombudsman under this part relates to the death of a person that— was a reportable death under the Coroners Act 2003 ; or was the subject of an inquiry under the Coroners Act 1958 . The ombudsman may give a copy of the report— to the State Coroner— for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or to the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act. This section applies despite any other provision of this Act. In this section— State Coroner means the State Coroner under the Coroners Act 2003 . s 57A ins 2004 No. 13 s 101 (sec.57A-ssec.1) This section applies if a report prepared by the ombudsman under this part relates to the death of a person that— was a reportable death under the Coroners Act 2003 ; or was the subject of an inquiry under the Coroners Act 1958 . (sec.57A-ssec.2) The ombudsman may give a copy of the report— to the State Coroner— for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or to the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act. (sec.57A-ssec.3) This section applies despite any other provision of this Act. (sec.57A-ssec.4) In this section— State Coroner means the State Coroner under the Coroners Act 2003 .

• (a) was a reportable death under the Coroners Act 2003 ; or
• (b) was the subject of an inquiry under the Coroners Act 1958 .
• (a) to the State Coroner— (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or
• (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or
• (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or
• (b) to the Attorney-General, for use by the Attorney-General for his or her functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or
• (c) to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by that Minister for his or her functions and powers under that Act.
• (i) for use by a coroner to help in an investigation under the Coroners Act 2003 or an inquiry under the Coroners Act 1958 ; or
• (ii) for use by the State Coroner in relation to the State Coroner’s functions and powers under the Coroners Act 2003 ; or

sec.57B Particular reports may be given to chief executive (child safety)

If a report prepared by the ombudsman under this part relates to the death or serious physical injury of a child, the ombudsman may give a copy of the report to the chief executive (child safety). Subsection (1) applies despite any other provision of this Act. In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. serious physical injury see the Child Protection Act 1999 , schedule 3 . s 57B ins 2004 No. 13 s 101 amd 2010 No. 5 s 248 sch 3 sub 2014 No. 28 s 96 (sec.57B-ssec.1) If a report prepared by the ombudsman under this part relates to the death or serious physical injury of a child, the ombudsman may give a copy of the report to the chief executive (child safety). (sec.57B-ssec.2) Subsection (1) applies despite any other provision of this Act. (sec.57B-ssec.3) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. serious physical injury see the Child Protection Act 1999 , schedule 3 .

Particular provisions about the ombudsman and inspector of detention services

Appointment

sec.58 Appointment as ombudsman and inspector of detention services

The ombudsman is appointed by the Governor in Council. The ombudsman is also appointed by the Governor in Council to be the inspector of detention services. The ombudsman and the inspector of detention services are appointed under this Act and not under the Public Sector Act 2022 . If a person stops holding office as the ombudsman, the person also stops holding office as the inspector of detention services. If a person stops holding office as the inspector of detention services, the person also stops holding office as the ombudsman. s 58 amd 2008 No. 38 s 252 sch 3 sub 2022 No. 18 s 66 amd 2022 No. 34 s 365 sch 3 (sec.58-ssec.1) The ombudsman is appointed by the Governor in Council. (sec.58-ssec.2) The ombudsman is also appointed by the Governor in Council to be the inspector of detention services. (sec.58-ssec.3) The ombudsman and the inspector of detention services are appointed under this Act and not under the Public Sector Act 2022 . (sec.58-ssec.4) If a person stops holding office as the ombudsman, the person also stops holding office as the inspector of detention services. (sec.58-ssec.5) If a person stops holding office as the inspector of detention services, the person also stops holding office as the ombudsman.

sec.59 Procedure before appointment

A person may be appointed as the ombudsman and the inspector of detention services only if— the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services. For subsection (1) (c) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph. The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days. Subsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services. s 59 amd 2022 No. 18 s 67 ; 2024 No. 3 s 50 (sec.59-ssec.1) A person may be appointed as the ombudsman and the inspector of detention services only if— the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services. (sec.59-ssec.2) For subsection (1) (c) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph. (sec.59-ssec.3) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days. (sec.59-ssec.4) Subsection (1) (a) and (b) does not apply to the reappointment of a person as the ombudsman and the inspector of detention services.

• (a) the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and
• (b) the person has been selected for appointment in accordance with a process for selection approved by the parliamentary committee; and
• (c) the Minister has obtained the parliamentary committee’s approval for the appointment of the person as the ombudsman and the inspector of detention services.
• (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (3) ; and
• (b) is taken to have approved the appointment of the person as the ombudsman and the inspector of detention services if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.

sec.60 Ineligibility for appointment

A person must not be appointed as the ombudsman or the inspector of detention services if the person has been, within the last 3 years— a member of the Parliament of the State, another State or the Commonwealth; or the holder of— the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or an office in another State equivalent to an office mentioned in subparagraph (i) . s 60 amd 2022 No. 18 s 68

• (a) a member of the Parliament of the State, another State or the Commonwealth; or
• (b) the holder of— (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .
• (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or
• (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .
• (i) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or
• (ii) an office in another State equivalent to an office mentioned in subparagraph (i) .

sec.61 Term of appointment

The ombudsman holds office as ombudsman for the term, of no more than 5 years, stated in the instrument of appointment. The ombudsman holds office as inspector of detention services for the term, of no more than 5 years, stated in the instrument of appointment. A person may be reappointed as the ombudsman and the inspector of detention services. However, a person must not be reappointed if the total of the person’s terms of appointment as the ombudsman would be more than 10 years. s 61 sub 2022 No. 18 s 69 (sec.61-ssec.1) The ombudsman holds office as ombudsman for the term, of no more than 5 years, stated in the instrument of appointment. (sec.61-ssec.2) The ombudsman holds office as inspector of detention services for the term, of no more than 5 years, stated in the instrument of appointment. (sec.61-ssec.3) A person may be reappointed as the ombudsman and the inspector of detention services. (sec.61-ssec.4) However, a person must not be reappointed if the total of the person’s terms of appointment as the ombudsman would be more than 10 years.

sec.62 Remuneration and conditions

The ombudsman, as the ombudsman and the inspector of detention services, is to be paid remuneration and travelling and other allowances decided by the Governor in Council. The remuneration paid under subsection (1) must not be reduced during the ombudsman’s term of office without the ombudsman’s written consent. The ombudsman, as the ombudsman and the inspector of detention services, is entitled to the leave of absence decided by the Governor in Council. The ombudsman holds office, as the ombudsman and the inspector of detention services, on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. The Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee. For subsection (5) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph. The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days. s 62 amd 2022 No. 18 s 70 ; 2024 No. 3 s 51 (sec.62-ssec.1) The ombudsman, as the ombudsman and the inspector of detention services, is to be paid remuneration and travelling and other allowances decided by the Governor in Council. (sec.62-ssec.2) The remuneration paid under subsection (1) must not be reduced during the ombudsman’s term of office without the ombudsman’s written consent. (sec.62-ssec.3) The ombudsman, as the ombudsman and the inspector of detention services, is entitled to the leave of absence decided by the Governor in Council. (sec.62-ssec.4) The ombudsman holds office, as the ombudsman and the inspector of detention services, on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (sec.62-ssec.5) The Minister may make a recommendation to the Governor in Council regarding the remuneration, allowances, and terms and conditions of office only with the approval of the parliamentary committee. (sec.62-ssec.6) For subsection (5) , the parliamentary committee— must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph. (sec.62-ssec.7) The Minister and chair of the parliamentary committee may, before the end of the original period, agree to extend the original period by a further period of not more than 20 business days.

• (a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister (the original period ) or within the further period agreed under subsection (7) ; and
• (b) is taken to have approved the remuneration, allowances, and terms and conditions of office stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.

sec.63 Oath before performing duties

Before performing the duties of office as the ombudsman and the inspector of detention services, the ombudsman must make an oath to the effect that he or she will faithfully and impartially perform the duties of each office. The oath must be administered by the Speaker. s 63 amd 2022 No. 18 s 71 (sec.63-ssec.1) Before performing the duties of office as the ombudsman and the inspector of detention services, the ombudsman must make an oath to the effect that he or she will faithfully and impartially perform the duties of each office. (sec.63-ssec.2) The oath must be administered by the Speaker.

sec.63A Declaration of interests

This section applies to the ombudsman on appointment as the ombudsman or the inspector of detention services. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint . The ombudsman must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— the interests of the ombudsman; and the interests of each person who is a related person in relation to the ombudsman. The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly. Subsections (5) and (6) apply if, after the giving of the statement— there is a change in the interests mentioned in subsection (2) ; and the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly. The ombudsman must give the Speaker a revised statement. The revised statement must— be given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and comply with subsection (3) . The Speaker must, if asked, give a copy of the latest statement to— the Minister; or the leader of a political party represented in the Legislative Assembly; or the Crime and Corruption Commission; or a member of the parliamentary committee; or the integrity commissioner. The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the ombudsman to another member of the Legislative Assembly. A member of the Legislative Assembly may, by writing given to the Speaker, allege that the ombudsman has not complied with the requirements of this section. A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply. In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 . related person , in relation to the ombudsman, means— the ombudsman’s spouse; or a person who is totally or substantially dependent on the ombudsman and— the person is the ombudsman’s child; or the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman. s 63A ins 2010 No. 37 s 67 amd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2022 No. 18 s 72 (sec.63A-ssec.1) This section applies to the ombudsman on appointment as the ombudsman or the inspector of detention services. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint . (sec.63A-ssec.2) The ombudsman must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— the interests of the ombudsman; and the interests of each person who is a related person in relation to the ombudsman. (sec.63A-ssec.3) The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly. (sec.63A-ssec.4) Subsections (5) and (6) apply if, after the giving of the statement— there is a change in the interests mentioned in subsection (2) ; and the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly. (sec.63A-ssec.5) The ombudsman must give the Speaker a revised statement. (sec.63A-ssec.6) The revised statement must— be given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and comply with subsection (3) . (sec.63A-ssec.7) The Speaker must, if asked, give a copy of the latest statement to— the Minister; or the leader of a political party represented in the Legislative Assembly; or the Crime and Corruption Commission; or a member of the parliamentary committee; or the integrity commissioner. (sec.63A-ssec.8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the ombudsman to another member of the Legislative Assembly. (sec.63A-ssec.9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the ombudsman has not complied with the requirements of this section. (sec.63A-ssec.10) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply. (sec.63A-ssec.11) In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 . related person , in relation to the ombudsman, means— the ombudsman’s spouse; or a person who is totally or substantially dependent on the ombudsman and— the person is the ombudsman’s child; or the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.

• (a) the interests of the ombudsman; and
• (b) the interests of each person who is a related person in relation to the ombudsman.
• (a) there is a change in the interests mentioned in subsection (2) ; and
• (b) the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the ombudsman were a member of the Legislative Assembly.
• (a) be given as soon as possible after the relevant facts about the change come to the ombudsman’s knowledge; and
• (b) comply with subsection (3) .
• (a) the Minister; or
• (b) the leader of a political party represented in the Legislative Assembly; or
• (c) the Crime and Corruption Commission; or
• (d) a member of the parliamentary committee; or
• (e) the integrity commissioner.
• (a) the ombudsman’s spouse; or
• (b) a person who is totally or substantially dependent on the ombudsman and— (i) the person is the ombudsman’s child; or (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.
• (i) the person is the ombudsman’s child; or
• (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.
• (i) the person is the ombudsman’s child; or
• (ii) the person’s affairs are so closely connected with the ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the ombudsman.

sec.63B Conflicts of interest

This section applies to the ombudsman in relation to the ombudsman’s official responsibilities as the ombudsman and the inspector of detention services. If the ombudsman has an interest that conflicts or may conflict with the discharge of the ombudsman’s responsibilities, the ombudsman— must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved. If the conflict or possible conflict between an interest of the ombudsman and the ombudsman’s responsibilities is resolved, the ombudsman must give to the Speaker and parliamentary committee a statement advising of the action the ombudsman took to resolve the conflict or possible conflict. A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply. s 63B ins 2010 No. 37 s 67 amd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2022 No. 18 s 73 (sec.63B-ssec.1) This section applies to the ombudsman in relation to the ombudsman’s official responsibilities as the ombudsman and the inspector of detention services. (sec.63B-ssec.2) If the ombudsman has an interest that conflicts or may conflict with the discharge of the ombudsman’s responsibilities, the ombudsman— must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved. (sec.63B-ssec.3) If the conflict or possible conflict between an interest of the ombudsman and the ombudsman’s responsibilities is resolved, the ombudsman must give to the Speaker and parliamentary committee a statement advising of the action the ombudsman took to resolve the conflict or possible conflict. (sec.63B-ssec.4) A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.

• (a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the ombudsman’s knowledge; and
• (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.

sec.64 Restriction on outside employment

The ombudsman must not, without the Minister’s prior approval in each particular case— hold any offices of profit other than those of the ombudsman and the inspector of detention services; or engage in any remunerative employment or undertaking outside the duties of each office. Contravention of subsection (1) is misconduct under division 2 . s 64 amd 2022 No. 18 s 74 (sec.64-ssec.1) The ombudsman must not, without the Minister’s prior approval in each particular case— hold any offices of profit other than those of the ombudsman and the inspector of detention services; or engage in any remunerative employment or undertaking outside the duties of each office. (sec.64-ssec.2) Contravention of subsection (1) is misconduct under division 2 .

• (a) hold any offices of profit other than those of the ombudsman and the inspector of detention services; or
• (b) engage in any remunerative employment or undertaking outside the duties of each office.

sec.65 Acting ombudsman and inspector of detention services

The Governor in Council may appoint a person to act as the ombudsman and the inspector of detention services— during a vacancy as the ombudsman or inspector of detention services; or during any period when the ombudsman— is absent from duty as the ombudsman or inspector of detention services; or is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services. The person appointed under subsection (1) to act as the ombudsman and the inspector of detention services must be eligible for appointment as the ombudsman and inspector of detention services. The person appointed as the acting ombudsman and the acting inspector of detention services is appointed under this Act and not the Public Sector Act 2022 . The Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) does not apply to the offices of the acting ombudsman and the acting inspector of detention services. s 65 amd 2008 No. 38 s 252 sch 3 sub 2022 No. 18 s 75 amd 2022 No. 34 s 365 sch 3 (sec.65-ssec.1) The Governor in Council may appoint a person to act as the ombudsman and the inspector of detention services— during a vacancy as the ombudsman or inspector of detention services; or during any period when the ombudsman— is absent from duty as the ombudsman or inspector of detention services; or is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services. (sec.65-ssec.2) The person appointed under subsection (1) to act as the ombudsman and the inspector of detention services must be eligible for appointment as the ombudsman and inspector of detention services. (sec.65-ssec.3) The person appointed as the acting ombudsman and the acting inspector of detention services is appointed under this Act and not the Public Sector Act 2022 . (sec.65-ssec.4) The Acts Interpretation Act 1954 , section 25 (1) (b) (iv) and (v) does not apply to the offices of the acting ombudsman and the acting inspector of detention services.

• (a) during a vacancy as the ombudsman or inspector of detention services; or
• (b) during any period when the ombudsman— (i) is absent from duty as the ombudsman or inspector of detention services; or (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.
• (i) is absent from duty as the ombudsman or inspector of detention services; or
• (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.
• (i) is absent from duty as the ombudsman or inspector of detention services; or
• (ii) is unable, for another reason, to perform the duties of the ombudsman or inspector of detention services.

Removal or suspension from office

sec.66 Grounds for removal or suspension from office as the ombudsman and inspector of detention services

The following are grounds for removal or suspension of the ombudsman from office as the ombudsman and inspector of detention services— proved incapacity, incompetence or misconduct; conviction of an indictable offence. s 66 amd 2022 No. 18 s 77

• (a) proved incapacity, incompetence or misconduct;
• (b) conviction of an indictable offence.

sec.67 Removal of ombudsman and inspector of detention services on address

The Governor may, on an address from the Assembly, remove the ombudsman from office as the ombudsman and inspector of detention services. The motion for the address may be moved only by the Premier. The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly. s 67 amd 2022 No. 18 s 78 (sec.67-ssec.1) The Governor may, on an address from the Assembly, remove the ombudsman from office as the ombudsman and inspector of detention services. (sec.67-ssec.2) The motion for the address may be moved only by the Premier. (sec.67-ssec.3) The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.

• (a) the Premier has given the ombudsman a statement setting out the reasons for the motion; and
• (b) the statement and any written response by the ombudsman have been tabled in the Assembly; and
• (c) the Premier has consulted with the parliamentary committee about the motion; and
• (d) agreement to the motion has been obtained from— (i) all members of the parliamentary committee; or (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
• (i) all members of the parliamentary committee; or
• (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
• (i) all members of the parliamentary committee; or
• (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.

sec.68 Suspension of ombudsman and inspector of detention services on address

The Governor may, on an address from the Assembly, suspend the ombudsman from office as the ombudsman and inspector of detention services. The motion for the address may be moved only by the Premier. The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly. The ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension only if— the Assembly resolves that the salary and allowances be paid for the period; or the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period. s 68 amd 2022 No. 18 s 79 (sec.68-ssec.1) The Governor may, on an address from the Assembly, suspend the ombudsman from office as the ombudsman and inspector of detention services. (sec.68-ssec.2) The motion for the address may be moved only by the Premier. (sec.68-ssec.3) The Premier may move the motion only if— the Premier has given the ombudsman a statement setting out the reasons for the motion; and the statement and any written response by the ombudsman have been tabled in the Assembly; and the Premier has consulted with the parliamentary committee about the motion; and agreement to the motion has been obtained from— all members of the parliamentary committee; or a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly. (sec.68-ssec.4) The ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension only if— the Assembly resolves that the salary and allowances be paid for the period; or the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.

• (a) the Premier has given the ombudsman a statement setting out the reasons for the motion; and
• (b) the statement and any written response by the ombudsman have been tabled in the Assembly; and
• (c) the Premier has consulted with the parliamentary committee about the motion; and
• (d) agreement to the motion has been obtained from— (i) all members of the parliamentary committee; or (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
• (i) all members of the parliamentary committee; or
• (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
• (i) all members of the parliamentary committee; or
• (ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
• (a) the Assembly resolves that the salary and allowances be paid for the period; or
• (b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of the salary and allowances for the period.

sec.69 Suspension of ombudsman and inspector of detention services if Assembly not sitting

If the Assembly is not sitting, the Governor in Council may suspend the ombudsman from office as the ombudsman and inspector of detention services. The Governor in Council may suspend the ombudsman only if— the Premier has given the ombudsman a statement setting out the reasons for the suspension; and the Premier has considered any response by the ombudsman to the statement. The Premier must table the statement and any written response by the ombudsman in the Assembly within 3 sitting days after the day the suspension begins. The suspension stops having effect— at the end of 6 sitting days after the day the suspension begins; or if the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time. If the suspension stops having effect under subsection (4) (a) , the ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension. s 69 amd 2022 No. 18 s 80 (sec.69-ssec.1) If the Assembly is not sitting, the Governor in Council may suspend the ombudsman from office as the ombudsman and inspector of detention services. (sec.69-ssec.2) The Governor in Council may suspend the ombudsman only if— the Premier has given the ombudsman a statement setting out the reasons for the suspension; and the Premier has considered any response by the ombudsman to the statement. (sec.69-ssec.3) The Premier must table the statement and any written response by the ombudsman in the Assembly within 3 sitting days after the day the suspension begins. (sec.69-ssec.4) The suspension stops having effect— at the end of 6 sitting days after the day the suspension begins; or if the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time. (sec.69-ssec.5) If the suspension stops having effect under subsection (4) (a) , the ombudsman is entitled to be paid salary and allowances as the ombudsman and inspector of detention services for the period of the suspension.

• (a) the Premier has given the ombudsman a statement setting out the reasons for the suspension; and
• (b) the Premier has considered any response by the ombudsman to the statement.
• (a) at the end of 6 sitting days after the day the suspension begins; or
• (b) if the ombudsman is earlier removed or suspended from office on an address from the Assembly under section 67 or 68 —at the earlier time.

sec.70 Acts Interpretation Act 1954

The Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply to the removal or suspension of the ombudsman or the inspector of detention services. s 70 amd 2022 No. 18 s 81

Resignation and vacation of office

sec.71 Resignation

The ombudsman may, at any time, resign office as the ombudsman and the inspector of detention services by signed writing, addressed to the Governor. s 71 amd 2022 No. 18 s 82

sec.72 Vacation of office

The ombudsman is taken to resign office as the ombudsman and the inspector of detention services on becoming a candidate for election to— the Parliament of another State or of the Commonwealth; or the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or an office in another State equivalent to an office mentioned in paragraph (b) . Under the Parliament of Queensland Act 2001 , section 67 (1) , the person holding office as the ombudsman and the inspector of detention services must resign on being nominated under the Electoral Act 1992 , section 84 , as a candidate for election. s 72 amd 2001 No. 81 s 146 ; 2022 No. 18 s 83

• (a) the Parliament of another State or of the Commonwealth; or
• (b) the office of the chairperson, the mayor, the president, a councillor or a member of a local government; or
• (c) an office in another State equivalent to an office mentioned in paragraph (b) .

Administration

Establishment and control of office