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Ombudsman Act 2001
sec.12AOmbudsman’s functions for administrative action taken by entity that is not an agency
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### 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) .