New South Wales Consolidated Acts
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OMBUDSMAN ACT 1974
- As at 21 March 2024
- Act 68 of 1974
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. (Repealed)
4. Act binds Crown
5. Definitions
5A. References to Presiding Officers
PART 2 - THE OMBUDSMAN
6. Office of Ombudsman
6A. Veto of proposed appointment of Ombudsman
7. Acting Ombudsman
8. Deputy Ombudsman and Assistant Ombudsman
8A. Deputy Ombudsman--functions
8B. Acting Deputy Ombudsman and Assistant Ombudsman
9. (Repealed)
10. Delegation
10A. Delegation to other Ombudsman
10B. Delegation from other jurisdictions
11. Effect of certain acts etc
PART 3 - INVESTIGATIONS AND CONCILIATIONS
11A. Application of Part
12. Right to complain
12A. Referral of complaints about public authorities for investigation
13. Decision for investigation
13AA. Preliminary inquiries
13A. Dealing with complaint by conciliation
14. Amendment of Schedule
15. Reasons for refusal to conciliate, investigate or continue to investigate
16. Notice of investigation
17. Privacy
18. Ombudsman may require information, document or other thing
19. Inquiries
19A. Restriction on publication of evidence
19B. Publication of evidence given at inquiry
19C. Disclosures prejudicing investigations
20. Entry on premises etc
21. Limits on secrecy and privilege
21A. Privilege as regards entry and inspections on public premises
21B. (Repealed)
21C. Injunction
22. Cabinet information and proceedings
23. Expert assistance
24. Persons to be heard
25. Consultation with responsible Minister
25A. Review of complaints handling systems
PART 3A - (Repealed)
None
PART 3B - ABORIGINAL PROGRAMS
25K. Aboriginal programs to which Part applies
25L. Monitoring and assessment of Aboriginal programs
25M. Provision of information
25N. Reporting on Aboriginal programs
PART 3C - (Repealed)
None
PART 4 - REPORTS
25AA. (Repealed)
26. Report of investigation
26A. Authority to pay compensation
27. Default in consequent action
28. Serious misconduct
29. Report to complainant or the relevant person
30. Annual reports
30A. Public availability of annual reports
31. Special report to Parliament
31AA. Provisions relating to reports
31AB. Provision of information to DPP, ICAC and Commissioner of Police
31AC. Ombudsman may furnish information to public authority
PART 4A - PARLIAMENTARY JOINT COMMITTEE
31A. Constitution of Joint Committee
31B. Functions
31BA. Power to veto proposed appointments
31C. Membership
31D. Vacancies
31E. Chair and Deputy Chair
31F. Procedure
31FA. Reporting when Parliament not in session
31G. Evidence
31H. Confidentiality
31I. Application of certain Acts etc
31J. Validity of certain acts or proceedings
PART 4B - PROTECTIONS FOR PERSONS ASSISTING OMBUDSMAN
Division 1 - Preliminary
31K. Objects of Part
31L. Interpretation
31M. Meaning of "protected action" and "limited protected action"
31N. Meaning of "protected obligation"
31O. Reasonable management action not prevented
31P. Other provisions not affected
Division 2 - Protections
31Q. Limitation on protections for limited protected action
31R. Detrimental action offence
31S. Detrimental action--recovery of damages
31T. Employer liability for detrimental action by employee
31U. Injunctions relating to detrimental action
31V. Immunity from costs orders
31W. Detrimental action--relationship between criminal and civil proceedings
31X. Protections from liability
31Y. Undertakings
31Z. Identifying information not to be disclosed
PART 5 - GENERAL
32. Staff
33. Preservation of certain rights
34. Disclosure of information
35. Ombudsman, officer or expert as witness
35A. Immunity of Ombudsman and others
35B. Application to Supreme Court
35C. Referral of legal question to Civil and Administrative Tribunal for advisory opinion
35D. Inter-relationship between Ombudsman and NCAT
35E. Referral of online complaints about public authorities
36. Protection against self-incrimination
37. Offences
38. Proceedings for offences
38A. Fees for services provided under Public Interest Disclosures Act 2022
39. Regulations
40. Savings and transitional provisions
PART 6 - COMPLAINT HANDLING BY RELEVANT AGENCIES
41. Definitions
42. Referral of complaints between relevant agencies
43. Sharing of information by relevant agencies
44. Delegation
45. Inter-agency agreements to be publicly available
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
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