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      (Repealed)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      (Repealed)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    (Repealed)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   PART 3A - (Repealed)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   PART 3C - (Repealed)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   (Repealed)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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