Ombudsman Amendment Bill 1996
First Reading

1996

The Parliament of the

Commonwealth of Australia

SENATE

Presented and read a first time

Ombudsman Amendment Bill 1996

No. , 1996

(Senator Conroy)

A Bill for an Act to amend the Ombudsman Act 1976

9609422--890/28.6.1996--(94/96) Cat. No. 96 4864 X ISBN 0644 446684

Contents

1       Short title

2       Commencement

3       Schedule(s)

Schedule 1--Amendment of the Ombudsman Act 1976       

A Bill for an Act to amend the Ombudsman Act 1976

The Parliament of Australia enacts:

1 Short title

        This Act may be cited as the Ombudsman Amendment Act 1996.

2 Commencement

        This Act commences on the day on

which it receives the Royal Assent.

3 Schedule(s)

        Each Act that is specified in the Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Ombudsman Act 1976

1 Subsection 3(1)

Insert:

Committee means the Parliamentary Joint Committee on the Ombudsman for the time being constituted under this Act.

2 Subsection 3(1)

Insert:

member means a member of the Committee.

3 After section 29

Insert:

Division 1A--Parliamentary Joint Committee on the Ombudsman

4 After section 29

Insert:

29A Parliamentary Joint Committee on the Ombudsman

       (1) As soon as practicable after the commencement of this Act and after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Ombudsman shall be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint standing committees of both Houses of the Parliament.

       (2) The Committee shall consist of 10 members, namely 5 members of the Senate appointed by the Senate, and 5 members of the House of Representatives appointed by that House.

       (3) A member of the Parliament is not eligible for appointment as a member of the Committee if the member is:

       (a) a Minister;

       (b) the President of the Senate;

       (c) the Speaker of the House of Representatives; or

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       (d) the Deputy President of the Senate or the Deputy Speaker or Second Deputy Speaker of the House of Representatives.

       (4) A member ceases to hold office:

       (a) when the House of Representatives expires by effluxion of time or is dissolved;

       (b) if the member becomes the holder of an office specified in any of the paragraphs of subsection (3);

       (c) if the member ceases to be a member of the House of the Parliament by which the member was appointed; or

       (d) if the member resigns the member's office as provided by subsection (5) or (6).

       (5) A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.

       (6) A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.

       (7) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.

29B Powers and proceedings of the Committee

        All matters relating to the powers and proceedings of the Committee shall be determined by resolution of both Houses of the Parliament.

29C Duties of the Committee

       (1) The duties of the Committee are:

       (a) to monitor and to review the performance by the Ombudsman of the Ombudsman's functions;

       (b) to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the Ombudsman or connected with the performance of the Ombudsman's functions to which, in the opinion of the Committee, the attention of the Parliament should be directed;

       (c) to examine the proposed budget for the Ombudsman's office for each year and to approve the budget, with whatever comments it considers appropriate, for transmission to the Prime Minister;

       (d) to examine each annual report of the Ombudsman and report to the Parliament on any matter appearing in, or arising out of any such annual report to which the Committee thinks the Parliament's attention should be directed;

       (e) to examine trends and changes in matters dealt with by the Ombudsman and report to both Houses of the Parliament any change which the Committee thinks desirable to the functions, structure, powers and procedures of the Ombudsman; and

       (f) to inquire into any question in connection with its duties which is referred to it by either House of the Parliament, and to report to that House upon that question.

       (2) Nothing in this Part authorises the Committee:

       (a) to investigate a matter relating to a particular subject or issue considered or likely to be considered by the Ombudsman; or

       (b) to reconsider the findings of the Ombudsman in relation to a particular matter.

5 After section 31

Insert:

Division 2A--Budget

6 After section 31

Insert:

31A Budget

       (1) As soon as practicable after the proposed budget for each year for the Ombudsman's office has been considered by the Committee the Ombudsman shall transmit the budget, together with any comments the Committee may have made, to the Prime Minister.

       (2) Notwithstanding any requirements of any other Act or administrative arrangements, no changes to the proposed budget for the Ombudsman's office which would be inconsistent with any comments made by the Committee may be made unless they have been discussed with the Committee.