Ombudsman Act 2009

In this Act:

acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under this Act or exercising powers or performing functions otherwise related to the administration of this Act.

administrative action, see section 6.

Agency, see section 3(1) of the Public Sector Employment and Management

Act 1993.

Australian parliament means:

(a) the

Legislative Assembly; or

(b) the

Parliament of the Commonwealth or a State; or

(c) the parliament or legislature of another Territory.

Commissioner means the Commissioner of Police.

complainant means the person who makes a complaint, and includes the person aggrieved by the action or conduct the subject of a complaint if it is not made by that person.

complaint means a complaint made under Part 5, and includes part of a complaint.

complaints entity means an entity that under another Act has responsibility for the investigation or review of matters that may include administrative actions of public authorities or conduct of police officers.

conduct, of a police officer, see section 7.

disciplinary action, for a breach of discipline by a police officer, means action of a type mentioned in section 84D of the Police

Administration Act 1978.

disciplinary procedures, for a breach of discipline by a police officer, means procedures under Part IV of the Police Administration Act

1978.

DPP exempt matter means:

(a) the starting or conduct of, or participation in or help with matters relating to, a legal proceeding, including a legal proceeding outside the Territory; or

(b) the granting of immunity from prosecution; or

(c) an extradition; or

(d) the recovery of penalties or enforcement of forfeitures; or

(e) the issuing and contents of guidelines relating to prosecutions for offences; or

(f) the limiting of the powers of officials as defined in section 23(4) of the Director of Public Prosecutions Act 1990; or

(g) the investigation of offences.

eligible person, see section 133(1).

failure includes refusal.

harm includes:

(a) injury, loss and damage; and

(b) intimidation and harassment; and

(c) discrimination, disadvantage and adverse treatment (including disciplinary action) in relation to employment, career, profession, trade or business.

investigation means an investigation under:

(a) Part

6, Division 4; or

(b) Part

7, Division 4, Subdivision 2; or

(c) Part

7, Division 5, Subdivision 2.

notified police complaint means a police complaint about which the

Ombudsman is notified under section 65(2).

obstruct includes hinder and resist.

officer, of a public authority, includes:

(a) the authority's principal officer; and

(b) a member of the authority; and

(c) a person employed by or for the authority.

Ombudsman means the person holding or occupying the office of Ombudsman for the

Northern Territory established by section 9.

Ombudsman's officer means a person employed for the Ombudsman.

parliamentary reference means a reference made under section 17.

party, to a complaint, means:

(a) if it relates to administrative action of a public authority:

(i) the complainant; or

(ii) the principal officer of the authority; or

(b) if it relates to conduct of a police officer:

(i) the complainant; or

(ii) the

Commissioner; or

(iii) the police officer.

Police

Civil Employment Unit means the Agency of that name specified in Schedule 1 to the Public

Sector Employment and Management Act 1993.

police complaint means a complaint about conduct of a police officer.

police complaints agreement, see section 150.

police complaints resolution process means a process for the resolution of police complaints relating to conduct of a kind to which the police complaints agreement applies.

Police

Force means the Police Force of the Northern Territory established under section 5 of the Police Administration Act 1978.

Police

Minister means the Minister administering the Police

Administration Act 1978.

preliminary inquiries, for administrative action, means preliminary inquiries under section 28.

presiding member, of a local government council, means the mayor, president, chairman or person (however described) presiding over the council, and includes the deputy to the presiding member.

principal officer, of a public authority, means:

(a) for an Agency – the Chief Executive Officer of the Agency; or

(b) for the Police Force – the Commissioner; or

(c) for a local government council:

(i) in relation to action taken by the chief executive officer of the council for the council – the presiding member of the council; or

(ii) otherwise

– the chief executive officer of the council; or

(d) for another entity constituted or established by or under a law of the

Territory – the chairperson or presiding member (however described) of the entity or the person constituting the entity; or

(e) for an entity prescribed by regulation to be a public authority –

the person prescribed by regulation.

prisoner, see section 6 of the Correctional Services Act 2014.

Professional

Standards Command means the Ethical and Professional

Standards Command of the Police Force established under section 34G of the Police Administration Act 1978.

Professional

Standards Command member means a police officer assigned to the Professional Standards Command.

Professional

Standards Command report means a report mentioned in section 92(1) or 95.

public authority, see section 5.

public official means a person who is appointed or authorised under an Act to perform inspection, investigation or other enforcement functions under the Act for the Territory, an Agency or another public authority.

relevant official, for Part 7, Division 3, see section 68.

responsible

Minister means:

(a) for an Agency – the Minister administering the Agency; or

(b) for a public authority constituted or established under an Act –the

Minister who administers the provisions of the Act by or under which it is constituted or established; or

(c) for the Police Force – the Police Minister; or

(d) for an entity prescribed by regulation to be a public authority –

the Minister prescribed by regulation in relation to the entity.

review right means:

(a) a right of appeal; or

(b) a right of reference to or review before a tribunal; or

(c) a remedy by way of a legal proceeding in a court.

State means the following:

(a) a

State of the Commonwealth;

(b) the

Australian Capital Territory.

tribunal means an entity (including an individual but not including a court) that:

(a) is established or appointed under an Act; and

(b) has judicial or quasi-judicial functions.

witness, at a hearing for an investigation, means a person required by notice under section 53 to attend the hearing to answer questions relevant to the investigation.

working day means a day other than:

(a) a

Saturday or Sunday; or

(b) a public holiday.