Ombudsman Act 1973

Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation—

the complainant or the person who made the relevant public interest complaint; and

the principal officer (if any) of the authority or public interest disclosure entity to which the investigation relates; and

the responsible Minister (if any) for the authority or public interest disclosure entity to which the investigation relates; and

if the investigation relates to a member of staff of a Council or a Councillor, the Mayor of the Council; and

if the investigation relates to Gellung Warl, the First Peoples' Assembly Chairperson.

Subsection (1)(c) does not apply in relation to an investigation relating to Gellung Warl.

The Ombudsman must not inform a person under subsection (1) if doing so would result in information being disclosed that—

is likely to lead to the identification of a person who has made an assessable disclosure; and

is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

Every investigation under this Act shall be conducted in private.

The Ombudsman is not required to hold any hearing for the purposes of an investigation, and the Ombudsman may obtain information from such persons and in such manner as the Ombudsman thinks fit.

If at any time during an investigation it appears to the Ombudsman that there may be grounds for making a report adverse to an authority or a public interest disclosure entity, the Ombudsman must, before making the report, give the principal officer (if any) of the authority or public interest disclosure entity the opportunity to comment on the subject-matter of the investigation.

If at any time during the course of an investigation on a relevant public interest complaint about a Councillor it appears to the Ombudsman that there may be grounds for making a report adverse to the Councillor, the Ombudsman must, before making the report, give the responsible Minister or the Mayor of the relevant Council the opportunity to comment on the subject-matter of the investigation.

If at any time during the course of an investigation on a relevant public interest complaint about a member of the First Peoples' Assembly it appears to the Ombudsman that there may be grounds for making a report adverse to the member, the Ombudsman must, before making the report, give the First Peoples' Assembly Chairperson the opportunity to comment on the subject-matter of the investigation.

The Ombudsman may at any time during or after an investigation (other than an investigation on a relevant public interest complaint about a member of Parliament) consult a Minister who is concerned in the subject-matter of an investigation, and if a Minister so requests or the investigation relates to a recommendation made to a Minister, shall consult the Minister before forming an adverse opinion in relation to the administrative action concerned or, in case of an investigation of a relevant public interest complaint, an adverse opinion in relation to the conduct.

If an investigation relates to an administrative action taken by a member of staff of a Council or relates to a relevant public interest complaint about conduct of a Councillor or a member of staff of a Council, the Ombudsman—

may, at any time during or after the investigation, consult the Mayor of the Council; and

must, if the Mayor so requests or the investigation relates to a recommendation made to the Council, consult the Mayor before forming an adverse opinion in relation to the administrative action or conduct.

If, during or after an investigation, the Ombudsman considers that there is evidence of a breach of duty or misconduct on the part of an authority or a public interest disclosure entity, or a member, officer or employee of an authority or a public interest disclosure entity, the Ombudsman must—

report the matter to the principal officer (if any) of the authority or public interest disclosure entity; and

unless the authority is Gellung Warl, send a copy of the report to the responsible Minister and, if the authority or public interest disclosure entity is a member of staff of a Council or a Councillor, to the Mayor of the Council; and

if the authority is Gellung Warl, send a copy of the report to the First Peoples' Assembly Chairperson.

The Ombudsman must not disclose any information under subsection (4), (4A), (4B), (5), (5A) or (6) that—

is likely to lead to the identification of a person who has made an assessable disclosure; and

is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

The Ombudsman may at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that—

a ground specified in section 15A for refusing to deal with the complaint or section 15E for refusing to conduct an investigation would now apply; or

the matter has been sufficiently investigated and further investigation is not warranted.

The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that a ground specified in section 15 for refusing to deal with the complaint or section 15D for refusing to conduct an investigation would now apply.

If the Ombudsman discontinues an investigation in accordance with subsection (6B)(a) or (6C)—

the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under subsection (1) of—

the discontinuance of the investigation; and

the reason for that discontinuance; and

sections 23, 23A and 24(1) cease to apply in relation to the investigation.

If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)—

sections 23, 23A and 24(1) apply as if the investigation had been completed; and

the Ombudsman must provide the reason for the discontinuance in any report or notification given under those sections.

Subject to this Act the Ombudsman may regulate the procedures on an investigation in such manner as the Ombudsman thinks fit.