Ombudsman Act 2001

This Act may be cited as the Ombudsman Act 2001.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 3 defines terms used in this Act.

A note in the text of this Act is part of the Act.

The objects of this Act are—

to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and

to improve the quality of decision-making and administrative practices and procedures in agencies.

The objects of this Act are to be achieved by—

requiring an ombudsman to be appointed; and

authorising the ombudsman—

to investigate administrative actions of agencies; and

to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and

to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.

An administrative action is any action about a matter of administration, and includes—

a decision and an act; and

a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and

the formulation of a proposal or intention; and

the making of a recommendation, including a recommendation made to a Minister; and

an action taken because of a recommendation made to a Minister.

However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action.

An agency is any of the following entities—

a department;

a local government;

a public authority.

An agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency.

An individual is not an agency under this Act only because the individual holds—

an office the duties of which are performed as duties of employment as an officer of an agency; or

an office of member of an agency; or

an office established under an Act for the purposes of an agency.

Note—See also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section.

A public authority is any of the following entities—

an entity, other than an individual, that is—

established for a public purpose under an Act; or

established by government for a public purpose under an Act;

an entity created by the Governor in Council or a Minister;

an entity, other than an individual, declared under a regulation to be a public authority and—

supported directly or indirectly by government funds or other help over which government is in a position to exercise control; or

established under an Act;

an individual holding an office established under an Act;

an individual holding an appointment—

made by the Governor in Council or a Minister, other than under an Act; and

declared under a regulation to be a public authority.

However, none of the following is a public authority—

a department or part of a department;

a local government or part of a local government;

a court, or the holder of a judicial office connected with a court, when acting judicially or when performing a function the court or office holder is authorised under an Act to perform;

a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, to the extent its or their functions relate to the court’s judicial functions.

Note—The entities mentioned in subsection (2)(a) and (b) are agencies under section 8(1).

An administrative action of an agency includes—

an administrative action taken by, in or for the agency; and

an administrative action taken by or for an officer of the agency; and

an administrative action taken for, or in the performance of functions conferred on, an agency, by an entity that is not an agency.

There is to be an ombudsman.

The ombudsman is an officer of the Parliament.

The functions of the ombudsman are—

to investigate administrative actions of agencies—

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 an agency whose actions are being investigated and to make recommendations to the agency—

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

for the improvement of the practices and procedures; and

to consider the administrative practices and procedures of agencies generally, and to make recommendations or provide advice, training, information or other help to the agencies about ways of improving the quality of administrative practices and procedures; and

to provide advice, training, information or other help to agencies, in particular cases, about ways of improving the quality of administrative practices and procedures; and

the other functions conferred on the ombudsman under this or any other Act.