Ombudsman Act 2009

This

Act may be cited as the Ombudsman Act 2009.

This

Act commences on the date fixed by the Administrator by Gazette notice.

The objects of this Act are:

(a) to give people a timely, effective, efficient, independent, impartial and fair way of investigating, and dealing with complaints about, administrative actions of public authorities and conduct of police officers; and

(b) to improve the quality of decision-making and administrative practices in public authorities.

A

public authority is:

(a) an

Agency; or

(b) the

Police Force; or

(c) a

Government owned corporation; or

(d) a local government council; or

(e) another entity that is constituted or established for a public purpose by or under a law of the Territory; or

(f) an entity declared to be a public authority by another Act or prescribed by regulation.

(1) Administrative action is any action about a matter of administration, and includes:

(a) a decision or act; and

(b) a failure to make a decision or do an act; and

(c) the formulation of a proposal or intention; and

(d) the making of a recommendation, including a recommendation made to the

Administrator or a minister; and

(e) a decision or act taken in consequence of the making of a recommendation.

(2) Administrative action of a public authority includes:

(a) administrative action taken by, in or for the authority; and

(b) administrative action taken by or for an officer of the authority in relation to or incidental to the exercise or purported exercise of a power, or performance or purported performance of a function, of the authority or officer; and

(c) administrative action taken for, or in relation to or incidental to the performance of functions conferred on, the authority, by an entity that is not a public authority, including for example, by an entity under a contract.

(3) Subsection (2)(a) applies even if the action is taken by a public authority wholly or partly for an entity that is not a public authority.

(4) For subsection (2)(c), the action is taken to be administrative action of the public authority.

(1) Conduct of a police officer is any decision or act, or a failure to make any decision or do any act, by the police officer for, in relation to or incidental to, the exercise of a power or performance of a function of a police officer.

(2) To avoid doubt, conduct of a police officer includes conduct mentioned in subsection (1) in the capacity of a public official.

exercise, of a power, includes the purported exercise of the power.

performance, of a function, includes the purported performance of the function.

Part

IIAA of the Criminal Code applies to an offence against this Act.

Note

Part

IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

There is to be an Ombudsman for the Northern Territory.

Notes for section 9

1 Section

11 of the Integrity and Ethics Commissioner Act 2025 provides that while a person holds office as the Integrity and Ethics Commissioner, the person also holds office as the Ombudsman.

2 Section

21 of the Integrity and Ethics Commissioner Act 2025 provides that while a person acts as the Integrity and Ethics Commissioner, the person also acts as the Ombudsman.

3 Section

62 of the Integrity and Ethics Commissioner Act 2025 also provides for the appointment of an acting Ombudsman.

(1) The

Ombudsman's functions are:

(a) to investigate, and deal with complaints about, administrative actions of public authorities; and

(b) to consider the administrative practices and procedures of public authorities whose actions are being investigated, or dealt with on complaint, and to make recommendations to authorities:

(i) about appropriate ways of addressing the effects of inappropriate administrative actions; or

(ii) for the improvement of their practices and procedures; and

(c) to consider the administrative practices and procedures of public authorities generally and to make recommendations or provide information or other help to the authorities for the improvement of their practices and procedures; and

(d) to investigate, and deal with complaints about, conduct of police officers; and

(e) to consider and prepare reports on investigations of the conduct of police officers and to make recommendations about action that should be taken in relation to them; and

(f) to perform other functions conferred on the Ombudsman under this or another Act.

(2) The

Ombudsman's functions under subsection (1) do not extend to a matter for which the Children's Commissioner is authorised to conduct an investigation under the Children's Commissioner Act 2013.

The

Ombudsman may do all things necessary or convenient to be done for, or in relation to, the performance of the Ombudsman's functions.

(1) The

Ombudsman is not subject to direction by any person about:

(a) the way the Ombudsman exercises or performs the Ombudsman's powers or functions in relation to complaints and investigations; or

(b) the priority given to investigations.

(2) The

Ombudsman must act independently, impartially and in the public interest in the exercise or performance of the Ombudsman's powers or functions in relation to complaints and investigations.

(3) Subsections (1) and (2) have effect despite anything to the contrary in the

Public Sector Employment and Management Act 1993.

A reference in this Part to the investigation of administrative action of a public authority or conduct of a police officer includes dealing with a complaint under Part 6 or 7 in another way provided in the

Part.