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Ombudsman (Miscellaneous Amendments) Act 1983

  • - C2004A02779
  • No longer in force
Act No. 62 of 1983 as made
An Act to amend the Complaints (Australian Federal Police) Act 1981 and certain other Acts in consequence of the enactment of the Ombudsman Amendment Act 1983, and for other purposes
Administered by: Attorney-General's
Date of Assent 12 Oct 1983
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015
 

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

Section

1. Short title

2. Commencement

PART II - AMENDMENTS OF COMPLAINTS (AUSTRALIAN FEDERAL
POLICE) ACT

3. Principal Act

4. Interpretation

5. Meaning of action taken by a member

6. Complaints to which Act applies

7. Insertion of new section -

5A. Application of Act

8. Investigation Division to refrain from investigation in certain
circumstances

9. Interpretation

10. Complaints to Ombudsman concerning action of members

11. Ombudsman may determine that complaint should not be investigated

12. Insertion of new section -

24A. Preliminary inquiries

13. Investigations

14. Insertion of new section -

25A. Investigations by Commonwealth and State Ombudsmen

15. Power to obtain information and documents

16. Reference of question to the Administrative Appeals Tribunal

17. Insertion of new section -

28A. Power of Federal Court of Australia to make orders

18. Reports by Ombudsman

19. Persons affected to be informed of results of investigation by Ombudsman

20. Action to be taken by Ombudsman upon receipt of report of an investigation

21. Ombudsman to inform complainant of results of investigation

22. Ombudsman not to be sued

23. Delegation

24. Officers to observe secrecy

25. Insertion of new section -

41A. Disclosure of information by Ombudsman

26. Offences

27. Protection from civil actions

PART III - AMENDMENT OF SECTION 10 OF ADMINISTRATIVE
DECISIONS (JUDICIAL REVIEW) ACT

28. Principal Act

29. Rights conferred by this Act to be additional to other rights

PART IV - AMENDMENT OF SECTION 48B OF AUDIT ACT

30. Principal Act

31. Public authorities of the Commonwealth

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - LONG TITLE

An Act to amend the Complaints (Australian Federal Police)
Act 1981 and certain other Acts in consequence of the
enactment of the Ombudsman Amendment Act 1983, and
for other purposes

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - PART I
PART I - PRELIMINARY

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 1
Short title

(Assented to 12 October 1983)
1. This Act may be cited as the Ombudsman (Miscellaneous Amendments) Act 1983.

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 2
Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which the Ombudsman Amendment Act 1983 receives the Royal Assent.

(2) Part IV shall come into operation on the date fixed by Proclamation under sub-section 2 (2) of the Ombudsman Amendment Act 1983.

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - PART II
PART II - AMENDMENTS OF COMPLAINTS (AUSTRALIAN
FEDERAL POLICE) ACT

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 3
Principal Act

3. The Complaints (Australian Federal Police) Act 1981*1* is in this Part referred to as the Principal Act. *1*No. 21, 1981.

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 4
Interpretation

4. Section 3 of the Principal Act is amended -
(a) by omitting "and" from sub-paragraph (3) (d) (i); and
(b) by omitting sub-paragraph (3) (d) (ii) and substituting the following
sub-paragraphs:

"(ii) the formulation of a proposal; and
(iii) failure or refusal to take any action, to make a decision or

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recommendation or to formulate a proposal.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 5
Meaning of action taken by a member

5. Section 4 of the Principal Act is amended by omitting ", whether within or outside Australia".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 6
Complaints to which Act applies

6. Section 5 of the Principal Act is amended by omitting from sub-section (1) ", whether within or outside Australia,".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 7

7. After section 5 of the Principal Act the following section is inserted in Part I:

Application of Act
"5A. This Act applies both within and outside Australia and extends to every external Territory.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 8
Investigation Division to refrain from investigation in certain circumstances

8. Section 9 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

"(3) Where, after -
(a) particulars of a complaint have been furnished to the Ombudsman in
accordance with section 6; or
(b) the Ombudsman has referred to the Commissioner a complaint that
was made to the Ombudsman under this Act or a matter relating to
such a complaint,
the Ombudsman informs the Commissioner under section 24 that the Ombudsman has determined that the complaint should not be investigated, or investigated further, as the case requires, the Commissioner may, in his discretion, direct the officer in charge to cause the Investigation Division to refrain from investigating, or further investigating, that complaint or matter.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 9
Interpretation

9. Section 21 of the Principal Act is amended -
(a) by omitting from sub-section (1) the definition of "enactment" and substituting the following definitions:

" 'enactment' means -
(a) an Act;
(b) an Ordinance of the Australian Capital Territory;
(c) an Ordinance of the Territory of Christmas Island or of
the Territory of Cocos (Keeling) Islands;
(d) an instrument made under an Act or under an
Ordinance referred to in paragraph (b) or (c); or
(e) a law (not being an Act, an Ordinance referred to in
paragraph (c) or an instrument referred to in paragraph
(d)) in force in the Territory of Christmas Island or the
Territory of Cocos (Keeling) Islands,
but does not include the Norfolk Island Act 1979, the Northern Territory (Self-Government) Act 1978 or an enactment of Norfolk Island or of the Northern Territory;
'enactment of Norfolk Island' means -
(a) a law or Ordinance referred to in paragraph (a), (b) or
(c) of the definition of 'enactment' in sub-section 4 (1)
of the Norfolk Island Act 1979; or
(b) an instrument (including rules, regulations or by-laws)
made under such a law or Ordinance;
'enactment of the Northern Territory' means -
(a) a law or Ordinance referred to in paragraph (a) or (b)
of the definition of 'enactment' in sub-section 4 (1) of
the Northern Territory (Self-Government) Act 1978; or
(b) an instrument (including rules, regulations or by-laws)
made under such a law or Ordinance;"; and
(b) by adding at the end thereof the following sub-sections:

"(6) In this Part, unless the contrary intention appears, a reference to the Ombudsman of a State shall be read as a reference to a person performing, under a law of the State, functions similar to the functions performed by the Ombudsman under this Part.

"(7) For the purposes of a provision of this Part (other than this sub-section) in which a reference to the Ombudsman of a State occurs -
(a) a reference to a State, in relation to the Ombudsman of a State, shall be read as including a reference to the Northern Territory; and
(b) a reference to a law of a State, in relation to the Ombudsman of a State, shall be read as including a reference to an enactment of the Northern Territory.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 10
Complaints to Ombudsman concerning action of members

10. Section 22 of the Principal Act is amended -
(a) by omitting sub-sections (2), (3) and (4) and substituting the following sub-sections:

"(2) Subject to sub-section (3), a complaint under sub-section (1) may be made to the Ombudsman orally or in writing.

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"(3) Where a complaint is made orally to the Ombudsman, the Ombudsman may reduce the complaint to writing or at any time require the complainant to reduce the complaint to writing and, where the Ombudsman makes such a requirement of a complainant, the Ombudsman may decline to investigate the complaint, or to investigate the complaint further, or to refer the complaint to the Commissioner, until the complainant reduces the complaint to writing.

"(4) A person who is detained in custody is entitled -
(a) upon making a request to the person in whose custody he is detained or to any other person performing duties in connection with his detention -
(i) to be provided with facilities for preparing a complaint
in writing under this Part, for furnishing in writing to the
Ombudsman, after the complaint has been made, any
other relevant information and for enclosing the
complaint or the other information (if any) in a sealed
envelope; and
(ii) to have sent to the Ombudsman, without undue delay, a
sealed envelope delivered by him to any such person and
addressed to the Ombudsman; and
(b) to have delivered to him, without undue delay, any sealed envelope, addressed to him and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he is detained or of any other person performing duties in connection with his detention.

"(4A) Where a sealed envelope addressed to the Ombudsman is delivered by a person detained in custody to a person referred to in sub-section (4) for sending to the Ombudsman, or a sealed envelope addressed to a person so detained and sent by the Ombudsman comes into the possession or under the control of a person referred to in that sub-section, neither the person in whose custody the first-mentioned person is detained nor any other person performing duties in connection with his detention is entitled to open the envelope or to inspect any document enclosed in the envelope.

"(4B) For the purposes of sub-sections (4) and (4A), the Ombudsman may make arrangements with the appropriate authority of a State or Territory for the identification and delivery of sealed envelopes sent by the Ombudsman to persons detained in custody in that State or Territory."; and
(b) by adding at the end thereof the following sub-section:

"(8) For the purposes of the application of sections 56 and 57 of the Freedom of Information Act 1982 in a case where a complaint is made to the Ombudsman concerning action taken by a member or by the Australian Federal Police in connection with a request made to the Australian Federal Police under that Act -
(a) references in those sections to the Ombudsman Act 1976 shall
be read as references to this Act;
(b) references in those sections to section 12 of the Ombudsman
Act 1976 shall be read as references to section 34 of this Act;
(c) the reference in sub-section 57 (1) of the Freedom of
Information Act 1982 to sub-sections 6 (2) and 6 (3) of the
Ombudsman Act 1976 shall be read as references to
sub-sections 24 (2) and (2A) of this Act, respectively; and
(d) sub-sections 57 (2) and (3) of the Freedom of Information Act
1982 shall be disregarded.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 11
Ombudsman may determine that complaint should not be investigated

11. Section 24 of the Principal Act is amended -
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

"(1) Where a complaint has been made to the Ombudsman under this Part or particulars of a complaint have been furnished to the Ombudsman in accordance with section 6, the Ombudsman may, in his discretion, determine that the complaint should not be investigated, or investigated further, as the case requires, under this Act -
(a) if he is satisfied that the complainant became aware of the
action complained of more than 12 months before the
complaint was made;
(b) if, in his opinion -
(i) the complaint is frivolous or vexatious or was not made
in good faith; or
(ii) the complainant does not have a sufficient interest in
the subject matter of the complaint;
(c) if a person has been charged with an offence or breach of
discipline in relation to the action complained of; or
(d) if, in his opinion, the investigation, or further investigation, of
that action is unnecessary having regard to all the
circumstances of the case.

"(2) Where the Ombudsman is satisfied, with respect to a complaint referred to in sub-section (1), that the complainant has exercised a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law, the Ombudsman shall determine that the action should not be investigated, or investigated further, as the case requires, under this Act unless he is of the opinion that there are special reasons why the action should be investigated, or investigated further, under this Act.

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"(2A) Where the Ombudsman is satisfied, with respect to a complaint referred to in sub-section (1), that the complainant has or had a right to cause the action complained of to be reviewed by a court or tribunal constituted by or under a law but has not exercised that right, the Ombudsman may determine that the action should not be investigated, or investigated further, as the case requires, under this Act if he is of the opinion that, in all the circumstances of the case, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.";
(b) by omitting from sub-section (3) "or (2)" and substituting ", (2) or
(2A)";
(c) by omitting from sub-section (4) "or (2)" and substituting ", (2) or
(2A)";
(d) by inserting after sub-section (4) the following sub-section:

"(4A) The Ombudsman may from time to time make with the Commissioner an arrangement in relation to actions in respect of which complaints referred to in sub-section (1) are made, being actions included in a class or classes of actions specified in the arrangement, providing for the manner in which, and the period within which, the Ombudsman is to inform the Commissioner of a determination referred to in sub-section (1), (2) or (2A) and of the reasons for the determination."; and
(e) by omitting from sub-section (5) "is made to the Ombudsman under this Part" and substituting "referred to in sub-section (1) is made".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 12

12. After section 24 of the Principal Act the following section is inserted in Division 1 of Part III:

Preliminary inquiries
"24A. (1) Where a complaint has been made to the Ombudsman under this Part, the Ombudsman may, for the purpose of -
(a) determining whether or not the complaint concerns action taken by a
member; or
(b) if the Ombudsman is satisfied that the complaint concerns action
taken by a member - determining whether or not the Ombudsman
may, in his discretion, determine that the complaint should not be
investigated under this Act,
make inquiries of the Commissioner or, if an arrangement with the Commissioner is in force under sub-section (2), of such member as is, or such members as are, referred to in the arrangement.

"(2) The Ombudsman may from time to time make with the Commissioner an arrangement with respect to the member or members of whom all inquiries, or inquiries included in a class or classes of inquiries specified in the arrangement, are to be made by the Ombudsman in pursuance of sub-section (1).".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 13
Investigations

13. Section 25 of the Principal Act is amended -
(a) by omitting from sub-section (1) "responsible Minister and the";
(b) by inserting after sub-section (1) the following sub-section:

"(1A) The Ombudsman may from time to time make with the Commissioner an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform the Commissioner that he proposes to investigate a complaint under this Part, being a complaint included in a class or classes of complaints specified in the arrangement."; and
(c) by inserting after sub-section (9) the following sub-section:

"(9A) Where, in relation to an investigation of a complaint under this Part, the Ombudsman proposes to afford a person an opportunity to appear before him or before an authorized person and to make submissions under sub-section (7), or proposes to make a requirement of a person under section 27 -
(a) if the complaint was made orally and the complaint has not
been reduced to writing - the complaint shall be reduced to
writing accordingly; and
(b) the Ombudsman shall, if he has not previously informed the
responsible Minister that the complaint is being investigated,
inform that Minister accordingly.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 14

14. After section 25 of the Principal Act the following section is inserted:

Investigations by Commonwealth and State Ombudsmen
"25A. (1) The Commonwealth Ombudsman may, if he thinks fit, make an arrangement with the Ombudsman of a State, or the Ombudsmen of 2 or more States, for and in relation to the investigation by any one or more of the Ombudsmen of action referred to in any of the following paragraphs:

(a) action taken by a member or by the Australian Federal Police and action taken -
(i) by a member of the police force of a State;
(ii) by the police force of a State; or
(iii) by a Department of a State or by an authority of a State;
(b) action taken by a body established jointly or administered jointly by the Commonwealth and one or more States, being a body that includes a member or members of the Australian Federal Police and a member or members of the

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police force of a State or the police forces of 2 or more States;
(c) action taken by a body referred to in paragraph (b) and action taken -
(i) by a member or by the Australian Federal Police;
(ii) by a member of the police force of a State;
(iii) by the police force of a State; or
(iv) by a Department of a State or by an authority of a State.

"(2) An arrangement made in pursuance of sub-section (1) may relate to particular action or actions, to a series of related actions or to actions included in a class or classes of actions.

"(3) The Commonwealth Ombudsman may arrange with the other Ombudsman or Ombudsmen with whom an arrangement is in force under this section for the variation or revocation of the arrangement.

"(4) An arrangement under this section, or the variation or revocation of such an arrangement, shall be in writing.

"(5) The regulations may make provision for and in relation to the participation by the Ombudsman in the carrying out of an investigation in pursuance of an arrangement under this section.

"(6) Nothing in this section affects the powers and duties of the Ombudsman under any other provision of this Part.

"(7) Sub-section (1) shall not be taken to empower the Ombudsman -
(a) to exercise any of the powers of the Ombudsman of a State except in
accordance with sub-section 34 (7) of the Ombudsman Act 1976; or
(b) to make an arrangement for the exercise by the Ombudsman of a State
of a power of the Ombudsman except in accordance with an
instrument of delegation referred to in sub-section 40 (1) of this Act.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 15
Power to obtain information and documents

15. Section 27 of the Principal Act is amended -
(a) by omitting sub-section (1) and substituting the following sub-section:

"(1) Where the Ombudsman has reason to believe that a person is capable of furnishing information or producing documents or other records relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require that person, at such place, and within such period or on such date and at such time, as are specified in the notice -
(a) to furnish to the Ombudsman, by writing signed by that person
or, in the case of a body corporate, by an officer of the body
corporate, any such information; or
(b) to produce to the Ombudsman such documents or other
records as are specified in the notice.";
(b) by omitting sub-section (3) and substituting the following sub-sections:

"(3) Where documents or other records are produced to the Ombudsman in accordance with a requirement under sub-section (1) or an order under sub-section 28A (1), the Ombudsman -
(a) may take possession of, and may make copies of, or take
extracts from, the documents or other records;
(b) may retain possession of the documents or other records for
such period as is necessary for the purposes of the investigation
to which the documents or other records relate; and
(c) during that period shall permit a person who would be entitled
to inspect any one or more of the documents or other records if
they were not in the possession of the Ombudsman to inspect at
all reasonable times such of the documents or other records as
that person would be so entitled to inspect.

"(3A) Where the Ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require the person to attend before him, on such date and at such time and place as are specified in the notice, to answer questions relevant to the investigation.";
(c) by inserting in sub-section (4) "to the Ombudsman" after "disclosure"
(first and second occurring);
(d) by omitting from the end of paragraph (4) (b) "or";
(e) by inserting after paragraph (4) (c) the following word and
paragraph:

"; or (d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council,";
(f) by omitting from sub-section (5) "other than proceedings for an offence against section 44." and substituting -
"other than -
(d) an application under sub-section 28A (1); or
(e) proceedings for an offence against section 44."; and
(g) by adding at the end thereof the following sub-section:

"(8) The reference in sub-section (1) to an officer, in relation to a body corporate, being a body corporate that is not a prescribed authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 16
Reference of question to the Administrative Appeals Tribunal

16. Section 28 of the Principal Act is amended by omitting from sub-section (1) "discretionary".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 17

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17. After section 28 of the Principal Act the following section is inserted:

Power of Federal Court of Australia to make orders
"28A. (1) Where a person fails to comply with a requirement made by the Ombudsman by notice under section 27 to furnish information, to produce documents or other records or to attend before the Ombudsman to answer questions in relation to an investigation under this Part, the Ombudsman may make an application to the Federal Court of Australia for an order directing that person to furnish the information, or to produce the documents or other records, at such place, and within such period or on such date and at such time, as are specified in the order, or to attend before the Ombudsman to answer questions at such place, and on such date and at such time, as are specified in the order, as the case may be.

"(2) The Federal Court of Australia has jurisdiction with respect to matters arising under sub-section (1) in respect of which applications are made to the Court.

"(3) The Ombudsman shall not make an application to the Federal Court of Australia under sub-section (1) unless he has informed the Minister in writing of the reasons for the proposed application.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 18
Reports by Ombudsman

18. Section 31 of the Principal Act is amended by inserting in sub-paragraph (1) (c) (i) ", or that there was a failure to take relevant considerations into account," after "account".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 19
Persons affected to be informed of results of investigation by Ombudsman

19. Section 34 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

"(3) Subject to sub-section (4), the Ombudsman may, if he thinks fit, furnish to any Department, body or person comments or suggestions with respect to any matter relating to or arising out of an investigation of a complaint by him.

"(4) Notwithstanding sub-section (3), where the Ombudsman makes a report to the Commissioner under section 31, the Ombudsman shall not, otherwise than in the report, furnish to the Commissioner comments or suggestions with respect to a matter to which the report relates.

"(5) Where the Ombudsman makes a report to the Commissioner under section 31 containing recommendations with respect to action in respect of which a complaint has been made -
(a) the Ombudsman shall, if action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the recommendations within a reasonable time after the report is furnished to the Commissioner - furnish to the member concerned and, unless the identity of the complainant is not known, to the complainant a copy of the recommendations, together with such comments (if any) as he thinks fit; or
(b) in any other case - the Ombudsman may furnish to the member concerned and the complainant a copy of the recommendations, together with such comments (if any) as he thinks fit.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 20
Action to be taken by Ombudsman upon receipt of report of an investigation

20. Section 36 of the Principal Act is amended by adding at the end thereof the following sub-section:

"(6) Upon receipt of a copy of a report of the investigation, or further investigation, of a complaint carried out by the Investigation Division, the Ombudsman may, if he thinks fit, furnish to any Department, body or person comments or suggestions with respect to any matter relating to or arising out of the investigation or further investigation, as the case may be.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 21
Ombudsman to inform complainant of results of investigation

21. Section 37 of the Principal Act is amended -
(a) by omitting sub-section (2) and substituting the following sub-section:

"(2) Where the Ombudsman furnishes to the Commissioner a notification under paragraph 36 (1) (b) or 36 (2) (b) containing recommendations referred to in paragraph 36 (3) (a) -
(a) the Ombudsman shall, if action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the recommendations within a reasonable time after the notification is furnished to the Commissioner - furnish to the member concerned and to the complainant a copy of the recommendations together with such comments (if any) as he thinks fit; or
(b) in any other case - the Ombudsman may furnish to the member concerned and the complainant a copy of the recommendations, together with such comments (if any) as he thinks fit."; and
(b) by omitting from sub-section (3) "sub-section (1)" and substituting "this section".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 22
Ombudsman not to be sued

22. Section 39 of the Principal Act is amended by adding at the end of sub-section (2) "or a delegate of the Ombudsman".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 23
Delegation

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23. Section 40 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

"(1) The Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person all or any of his powers under this Act, other than his powers under sections 31, 32 and 33 and this power of delegation.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 24
Officers to observe secrecy

24. Section 41 of the Principal Act is amended -
(a) by inserting in sub-section (2) ", including information furnished by the Ombudsman of a State or information disclosed to or obtained by the Commonwealth Ombudsman in the exercise of a power of the Ombudsman of a State delegated to him as provided by sub-section 34 (7) of the Ombudsman Act 1976" after "Act";
(b) by inserting in paragraph (3) (a) "exercise of the powers and the"
after "connected with the";
(c) by omitting from sub-section (5) "or (c)" and substituting ", (c) or
(d)"; and
(d) by omitting sub-section (7) and substituting the following
sub-sections:

"(7) Subject to sub-section (8), where the Ombudsman proposes, for purposes connected with the exercise of his powers or performance of his functions under this Act, to furnish information, or to send a document, or a copy of, or extract from, a document, to the Ombudsman of a State, the Ombudsman shall satisfy himself that a law of the State makes provision corresponding to the provision made by this section with respect to the confidentiality of information acquired by the Ombudsman of the State.

"(8) Sub-section (7) does not apply in relation to any information or document obtained by the Ombudsman in the exercise of a power of the Ombudsman of the State that the Ombudsman was authorized to exercise in pursuance of sub-section 34 (7) of the Ombudsman Act 1976.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 25

25. After section 41 of the Principal Act the following section is inserted:

Disclosure of information by Ombudsman
"41A. (1) Nothing in this Act shall be taken to preclude the Ombudsman from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of the functions of, or an investigation by, the Ombudsman under this Part if, in the opinion of the Ombudsman, it is in the interests of the Australian Federal Police or any Department, prescribed authority or person (including a member), or is otherwise in the public interest, so to disclose that information or to make that statement.

"(2) The Ombudsman shall not disclose information or make a statement under sub-section (1) with respect to a particular investigation where the disclosure of that information, or the making of that statement, is likely to interfere with the carrying out of that or any other investigation or the making of a report under this Part.

"(3) The Ombudsman shall not, in disclosing information or making a statement under sub-section (1) with respect to a particular investigation -
(a) set out opinions that are, either expressly or impliedly, critical of the
Australian Federal Police or a Department, prescribed authority or
person (including a member) unless the Ombudsman has complied
with sub-section 25 (7) in relation to the investigation; or
(b) disclose the name of a complainant or any other matter that would
enable a complainant to be identified unless it is fair and reasonable in
all the circumstances to do so.

"(4) This section has effect notwithstanding sub-section 25 (2) and section 41 (other than sub-section (5) of that section).".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 26
Offences

26. Section 44 of the Principal Act is amended -
(a) by omitting from paragraph (1) (b) "or" (last occurring); and
(b) by inserting after paragraph (1) (b) the following paragraph:

"(ba) refuse or fail to furnish information; or".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 27
Protection from civil actions

27. Section 45 of the Principal Act is amended -
(a) by inserting after "by reason of" and before paragraph (a) "any of the
following acts done in good faith";
(b) by omitting from paragraph (a) "or"; and
(c) by adding at the end of paragraph (b) ", whether or not the statement
was made, or the document or information was furnished, in pursuance
of a requirement under section 27 or an order under section 28A.".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - PART III
PART III - AMENDMENT OF SECTION 10 OF
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 28
Principal Act

28. The Administrative Decisions (Judicial Review) Act 1977*2* is in this Part referred to as the Principal Act.

*2*No. 59, 1977, as amended. For previous amendments, see No. 66, 1978; No. 111, 1980; and Nos. 111, 115, 122, 137, 140 and 153, 1982.

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 29
Rights conferred by this Act to be additional to other rights

29. Section 10 of the Principal Act is amended by adding at the end of paragraph (1) (b) "and sub-section 24 (2A) of the Complaints (Australian Federal Police) Act 1981".

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - PART IV
PART IV - AMENDMENT OF SECTION 48B OF AUDIT ACT

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 30
Principal Act

30. The Audit Act 1901*3* is in this Part referred to as the Principal Act.

*3*No. 4, 1901, as amended. For previous amendments, see No. 8, 1906; No. 4, 1909; No. 6, 1912; No. 32, 1917; No. 23, 1920; No. 34, 1924; No. 18, 1926; No. 45, 1934; No. 52, 1947; No. 60, 1948; No. 51, 1950; No. 79, 1952; No. 12, 1953; No. 29, 1954; No. 18, 1955; No. 39, 1957; No. 8, 1959; Nos. 17 and 77, 1960; No. 89, 1961; No. 74, 1962; No. 75, 1964; No. 126, 1965; No. 93, 1966; No. 120, 1968; No. 20, 1969; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 36, 1978; Nos. 8 and 155, 1979; No. 176, 1981; and Nos. 26 and 80, 1982.

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 31
Public authorities of the Commonwealth

31. Section 48B of the Principal Act is amended by omitting paragraph (4) (b) and substituting the following paragraphs:

"(b) the person who holds, or is performing the duties of, the offices of Commonwealth Ombudsman and Defence Force Ombudsman;
"(ba) a person who holds, or is performing the duties of, an office of Deputy Commonwealth Ombudsman; or".