Ombudsman Act 1974

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

any action or inaction relating to a matter of administration, and

any alleged action or inaction relating to a matter of administration.

in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the head of the agency, and

in relation to a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013—the chief of staff of the office of that office holder, and

in relation to a public authority that is a local government authority, or a member or employee of a local government authority—the mayor (or other presiding officer) of the local government authority, and

in relation to a public authority that is a corporation sole, or who is a person employed by a corporation sole—the person constituting the corporation, and

in relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body—the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and

in any other case—the person prescribed by the regulations, or in the absence of any regulation prescribing a person, the person who, in the opinion of the Ombudsman, is the chief executive of the public authority.

any person appointed to an office by the Governor,

any statutory body representing the Crown,

any Public Service agency or any person employed in a Public Service agency,

any person in the service of the Crown or of any statutory body representing the Crown,

any person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013,

an auditable entity within the meaning of the Government Sector Audit Act 1983,

a person entitled to be reimbursed from public funds for expenses associated with attending meetings or carrying out the business of a body constituted by an Act,

any accreditation authority or registered certifier within the meaning of the Building and Development Certifiers Act 2018,

any body declared by the regulations to be a public authority for the purposes of this Act,

any holder of an office declared by the regulations to be an office of a public authority for the purposes of this Act,

any local government authority or any member or employee of a local government authority,

an approved charitable organisation, within the meaning of the Prevention of Cruelty to Animals Act 1979, to the extent the organisation’s conduct relates to the exercise of functions under that Act,

any person acting for or on behalf of, or in the place of, or as deputy or delegate of, any person described in any of the foregoing paragraphs.

in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the Minister responsible for that agency or, in the case where more than one Minister is responsible for that agency, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that agency, and

in relation to a public authority that is a local government authority or a member or employee of a local government authority—the Minister administering the Local Government Act 1993, and

in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act—the Minister administering the Act or the relevant part of the Act, and

in relation to a public authority who is a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013—the Premier, and

in relation to any other public authority—the Minister who, in the opinion of the Ombudsman, is the most nearly concerned with the conduct of the public authority.

(Repealed)

A reference in this Act, except in section 37 (2) (e), to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman and an Assistant Ombudsman.

In this Act, a reference to—

a function includes a reference to a power, authority and duty, and

the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes included in this Act do not form part of this Act.