19ZSReports of the Overseas Students Ombudsman

#### 19ZS Reports of the Overseas Students Ombudsman Annual reports (1) As soon as practicable after the end of each financial year, the Overseas Students Ombudsman must give an annual report to the Minister, for presentation to the Parliament, on the operations of the Overseas Students Ombudsman during the financial year. Additional reports (2) The Overseas Students Ombudsman may, from time to time, give the Minister, for presentation to the Parliament, a report: (a) on the operations of the Overseas Students Ombudsman during a part of a year; or (b) in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Overseas Students Ombudsman. (3) Subsections (1) and (2) do not affect the powers and duties of the Overseas Students Ombudsman under section 19ZQ or 19ZR. Tabling and inclusion in other reports (4) If the Overseas Students Ombudsman gives a report to the Minister under subsection (1) or (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report. (5) A report relating to the operations of the Overseas Students Ombudsman during a period may be included in a report under: (a) section 19; or (b) section 46 of the Public Governance, Performance and Accountability Act 2013; relating to the operations of the Ombudsman during that period. Content of report (6) A report relating to the operations of the Overseas Students Ombudsman during a period must: (a) set out the number of complaints received by the Overseas Students Ombudsman under this Part during that period; and (b) if the Overseas Students Ombudsman has investigated action under paragraph 19ZJ(2)(a)—set out: (i) the number of such investigations started during that period; and (ii) the number of such investigations completed during that period; and (c) if the Overseas Students Ombudsman has investigated action under paragraph 19ZJ(2)(b)—set out: (i) the number of such investigations started during that period; and (ii) the number of such investigations completed during that period; and (d) set out: (i) the number of times when the Overseas Students Ombudsman has made a requirement of a person under section 9 (as that section applies because of sections 19ZM and 19ZN) during that period; and (ii) the circumstances in which each of those requirements was made. (7) A report relating to the operations of the Overseas Students Ombudsman during a period may include: (a) details of the circumstances and number of occasions during that period where the holder of the office of Overseas Students Ombudsman decided, under section 19ZK, to transfer a complaint to a statutory complaint handler or statutory office‑holder; and (b) details of recommendations made during that period in reports under section 19ZQ; and (c) statistical information about actions taken during that period as a result of such recommendations; and (d) details of action that the Overseas Students Ombudsman took during the period to promote best practice in dealing with complaints; and (e) details of the Overseas Students Ombudsman’s observations during the period regarding: (i) any trends in complaints; or (ii) any broader issues that arise from investigations. 24 Subsection 34(2) Omit “subsection 19F(3)”, substitute “section 19FA”. 25 Subsection 35B(2) (paragraph (a) of the definition of listed disclosure method) Repeal the paragraph, substitute: (a) including the information or the contents of the document or record in any report under: (i) Division 2 of Part II; or (ii) section 46 of the Public Governance, Performance and Accountability Act 2013; or Paid Parental Leave Act 2010 26 Section 6 (definition of Commonwealth agency) Repeal the definition, substitute: > Commonwealth agency means any of the following: (a) a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; (b) any other unincorporated body established for a public purpose by or under a law of the Commonwealth. 27 Section 78 Repeal the section. Papua New Guinea (Staffing Assistance) Act 1973 28 Subsection 62B(3) (note) Repeal the note. 29 Subsection 62C(10) Omit “Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper”, substitute “Public Governance, Performance and Accountability Act 2013) of ComSuper”. Parliamentary Contributory Superannuation Act 1948 30 Subsection 4(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 31 Subsections 24AA(2) and (3) (note) Repeal the note. 32 Subsection 24AB(3) (note) Repeal the note. 33 Subsection 24AC(10) Omit “Financial Management and Accountability Act 1997) who is in the Department or is part of the Department”, substitute “Public Governance, Performance and Accountability Act 2013) of the Department”. Parliamentary Counsel Act 1970 34 Section 16A Repeal the section. 35 Subsection 16C(2) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Parliamentary Service Act 1999 36 Section 7 (definition of Commonwealth body) Repeal the definition, substitute: > Commonwealth body means: (a) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013; or (b) the High Court of Australia. 37 At the end of section 9 Add: (3) To the extent that section 21 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to non‑corporate Commonwealth entities) applies to a Department, that section is subject to subsection (2) of this section. 38 Subsection 13(7) Repeal the subsection, substitute: (7) A Parliamentary Service employee must: (a) take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the employee’s Parliamentary Service employment; and (b) disclose details of any material personal interest of the employee in connection with the employee’s Parliamentary Service employment. 39 Subsection 13(8) After “manner”, insert “and for a proper purpose”. 40 Subsection 13(10) Repeal the subsection, substitute: (10) A Parliamentary Service employee must not improperly use inside information or the employee’s duties, status, power or authority: (a) to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or (b) to cause, or seek to cause, detriment to the Department in which the employee is employed, the Commonwealth or any other person. 41 Parliamentary Service Code of Conduct (1) The amendment made by item 38 of this Schedule applies to: (a) conflicts of interest arising before or after the commencement time; and (b) material personal interests arising before or after that time. (2) The amendment made by item 39 of this Schedule applies to uses of resources by Parliamentary Service employees after the commencement time. (3) The amendment made by item 40 of this Schedule applies to: (a) uses by Parliamentary Service employees occurring after the commencement time of information obtained by the employees before or after that time; and (b) uses by Parliamentary Service employees of their duties, status, power or authority after the commencement time. 42 Subsection 57(3) (note) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 43 At the end of Division 1 of Part 7 Add: