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Ombudsman Act 1976
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C2023C00177 C56
01 July 2023
-
11 August 2023
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3A Prescribed authorities: Commonwealth controlled companies
3B Certain legislation relating to Australian Capital Territory not to be enactment
3BA Commonwealth service providers
3C Application of Act
3D Application of the Criminal Code
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Part II—Establishment, functions, powers and duties of the Ombudsman
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Division 1—Establishment and functions
4 Establishment of offices of Ombudsman and Deputy Ombudsman
4A The Office of the Commonwealth Ombudsman
5 Functions of Ombudsman
5A Public interest disclosure functions of Ombudsman
5B Transfer of complaints from the Inspector General of Intelligence and Security
6 Discretion not to investigate certain complaints
6A Transfer of complaints about ACC
6B Transfer of complaints about National Anti Corruption Commissioner
6C Transfer of complaints to Information Commissioner
6D Tax administration matters and transfer of complaints to Inspector General of Taxation
6E Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman
6F Transfer of complaints to the Inspector General of Intelligence and Security
6G Transfer of information to the National Anti Corruption Commissioner or the Inspector
7 Complaints
7A Preliminary inquiries
8 Investigations
8A Investigations by Commonwealth and State Ombudsmen
8B Investigations by other authorities of ACC actions
8C Investigations by other authorities of National Anti Corruption Commission actions
8D Investigations by Ombudsman and Australian Federal Police
9 Power to obtain information and documents
10 Unreasonable delay in exercising power
10A Ombudsman may refer questions to the AAT
11 Ombudsman may recommend that the principal officer refer questions to the AAT
11A Powers of Federal Court of Australia
12 Complainant and Department etc. to be informed
13 Power to examine witnesses
14 Power to enter premises
Division 2—Reports
15 Reports by Ombudsman
16 Reports where appropriate action not taken on Ombudsman’s report
17 Special reports to Parliament
18 Ombudsman may have further discussion with principal officer
19 Reports to Parliament
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Part IIA—Establishment, functions, powers and duties of the Defence Force Ombudsman
19B Establishment of office of Defence Force Ombudsman
19C Functions of Defence Force Ombudsman
19D Discretion to investigate complaints as Commonwealth Ombudsman or as Defence Force Ombudsman
19E Discretion with respect to certain complaints
19F Application of provisions of Act to Defence Force Ombudsman
19FA Reports of the Defence Force Ombudsman
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Part IIB—Establishment, functions, powers and duties of the Postal Industry Ombudsman
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Division 1—Preliminary
19G Definitions
19H Action taken by contractors
19J Continued application of this Act to deregistered PPOs
19K Part IIB not to affect operation of other provisions of this Act
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Division 2—Establishment and functions of the Postal Industry Ombudsman
19L Establishment of office of Postal Industry Ombudsman
19M Functions of Postal Industry Ombudsman
19N Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman
19P Discretion to refer complaint to another statutory office holder
19Q Discretion not to investigate certain complaints
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Division 3—Powers and duties of the Postal Industry Ombudsman
19R Application of other provisions of this Act to the Postal Industry Ombudsman
19S Powers of the Postal Industry Ombudsman under section 9
19T Duty to accord procedural fairness
19U Disclosure of identifying information
19V Postal Industry Ombudsman may report to Australia Post or registered PPO
19W Minister to table certain reports in Parliament
19X Reports of the Postal Industry Ombudsman
19Y Postal Industry Ombudsman may notify employer of misconduct
19Z Limitation on liability where information or documents provided in good faith or when required to do so
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Division 4—Register of PPOs
19ZA Registration of PPOs
19ZB Information to be included in Register
19ZC Deregistration of PPOs
19ZD Register may be maintained by electronic means
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Division 5—Fees for investigations
19ZE Fees for investigations
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Part IIC—Establishment, functions, powers and duties of the Overseas Students Ombudsman
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Division 1—Preliminary
19ZF Definitions
19ZG Continued application of Part to former registered providers
19ZH Part not to affect operation of other provisions of this Act
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Division 2—Establishment and functions of the Overseas Students Ombudsman
19ZI Establishment of office of Overseas Students Ombudsman
19ZJ Functions of Overseas Students Ombudsman
19ZK Transfer of complaints
19ZL Discretion not to investigate certain complaints
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Division 3—Powers and duties of the Overseas Students Ombudsman
19ZM Application of other provisions of this Act to the Overseas Students Ombudsman
19ZN Powers of the Overseas Students Ombudsman under section 9
19ZO Duty to accord procedural fairness
19ZP Disclosure of identifying information
19ZQ Overseas Students Ombudsman may report to private registered provider
19ZR Minister to table certain reports in Parliament
19ZS Reports of the Overseas Students Ombudsman
19ZT Overseas Students Ombudsman may notify of misconduct
19ZU Limitation on liability where information or documents provided in good faith or when required to do so
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Part IID—Private Health Insurance Ombudsman
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Division 1—Preliminary
20 Principal object of this Part
20A Definitions for this Part
20B Private Health Insurance Ombudsman Rules
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Division 2—Establishment and functions of the Private Health Insurance Ombudsman
20C Establishment of office of Private Health Insurance Ombudsman
20D Functions of Private Health Insurance Ombudsman
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Division 3—Complaints
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Subdivision A—Relevant complaints
20E Who may make a complaint
20F Persons against whom complaints may be made
20G Grounds for complaint
Subdivision B—Dealing with complaints
20H Initial receipt of complaint
20J Ways of dealing with complaints
20K Referral to the Australian Competition and Consumer Commission
20L Referral to other bodies
20M Deciding not to deal with a complaint
Subdivision C—Referral to subjects of complaints
20N Referral to the subject of the complaint
Subdivision D—Investigation of complaints
20P Investigation of complaint
Subdivision E—Recommendations and reports
20Q Recommendations as a result of referral or investigation
20R Report to Health Minister on outcome of investigation under Subdivision D
Subdivision F—Miscellaneous
20S Complainant to be kept informed
Division 3A—Inspection and audit
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Subdivision A—Inspection and audit
20SA Powers to conduct inspections and audits
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Subdivision B—Recommendations and reports
20SB Recommendation and reporting powers as a result of inspection or audit
Division 4—Investigations
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Subdivision A—Investigations
20T Initiating investigations
20TA Powers to inspect documents etc.
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Subdivision B—Recommendations and reports
20U Recommendations as a result of investigation
20V Report to Health Minister on outcome of investigations under this Division
20W Consultation with Australian Competition and Consumer Commission
Division 5—Mediation
20X Conducting mediation
20Y Participation in mediation may be compulsory
20Z Medical practitioners may appoint representatives
20ZA Conduct of compulsory mediation
20ZB Admissibility of things said in mediation
20ZC Appointment of mediators
Division 6—Information gathering
20ZD Information gathering—requests for PHI records and information
20ZE Information gathering—notices requiring PHI records and information
20ZF Information gathering—compliance with requests and notices
Division 7—Provisions relating to the Private Health Insurance Ombudsman
20ZG Reports of the Private Health Insurance Ombudsman
Division 8—Miscellaneous
20ZH Victimisation
20ZHA Announcement before entry
20ZHB Responsibility to provide facilities and assistance
20ZI Giving information about the Private Health Insurance Ombudsman
20ZIA Identity cards
20ZJ Private Health Insurance Ombudsman Rules
20ZK Application of certain provisions of the Act
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Part IIE—VET Student Loans Ombudsman
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Division 1—Establishment and functions
20ZL Establishment of office of VET Student Loans Ombudsman
20ZM Functions of VET Student Loans Ombudsman
20ZN Performance of functions
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Division 2—Investigations and complaints
20ZO Investigations
20ZP Complaints
20ZQ Referral of complaints to other bodies
20ZR Deciding not to investigate complaints
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Division 3—Other powers of the VET Student Loans Ombudsman
20ZS Application of Act to VET Student Loans Ombudsman
20ZT Duty to accord procedural fairness
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Division 4—Reporting by the VET Student Loans Ombudsman
20ZU Disclosure of identifying information
20ZV Reports to VET student loan scheme providers
20ZW Minister to table reports about VET student loan scheme providers in Parliament
20ZX Annual and other reports by the VET Student Loans Ombudsman
20ZY VET Student Loans Ombudsman may notify of misconduct
20ZZ Limitation on liability where information or documents provided in good faith or when required to do so
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Division 5—Other provisions relating to the VET Student Loans Ombudsman
20ZZA Part does not limit application of other provisions
20ZZB Alternative constitutional basis
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Part III—Conditions of service, and staff, of the Ombudsman
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Division 1—Ombudsman
21A Interpretation
21 Appointment of Ombudsman
22 Tenure of office
23 Deputy Ombudsman
24 Salary and allowances
25 Leave of absence
26 Resignation
27 Retirement
28 Suspension and removal of Ombudsman
28A Removal taken to be retirement on ground of invalidity
28B Retirement on ground of invalidity under the Superannuation Acts
29 Acting appointments
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Division 2—Staff
31 Staff
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Part IV—Miscellaneous
33 Ombudsman not to be sued
34 Delegation
35 Officers to observe confidentiality
35AA Disclosure of information and documents to National Anti Corruption Commissioner or Inspector
35AB Disclosure of information and documents to Inspector General of Intelligence and Security
35A Disclosure of information by Ombudsman
35B Disclosure of ACC information
35C Disclosure of NACC information
36 Offences
37 Protection from civil actions
38 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
