Ombudsman Regulations 1977
Statutory Rules No. 104, 1977
made under the
Ombudsman Act 1976
Compilation No. 15
Compilation date: 1 December 2016
Includes amendments up to: F2016L01384
Registered: 2 December 2016
About this compilation
This compilation
This is a compilation of the Ombudsman Regulations 1977 that shows the text of the law as amended and in force on 1 December 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name of Regulations
These Regulations are the Ombudsman Regulations 1977.
3 Interpretation
In these Regulations, the Act means the Ombudsman Act 1976.
3A Members of court staff
(1) Each security officer is declared to be a member of the staff of the chief executive of the court, for paragraph 3(14)(d) of the Act.
(2) In this regulation:
court has the meaning given by the Court Security Act 2013.
security officer means a person who holds an appointment under the Court Security Act 2013 as a security officer for a court.
4 Bodies not to be taken to be prescribed authorities for the purposes of the Act
For the purposes of the definition of prescribed authority in section 3 of the Act, a body specified in Schedule 1 is not to be taken to be a prescribed authority for the purposes of the Act.
5 Prescribed authorities
For the purposes of the definition of prescribed authority in section 3 of the Act, each of the bodies specified in Schedule 2 is declared to be a prescribed authority for the purposes of the Act.
6 Persons not to be taken to be prescribed authorities for the purposes of the Act
For the purposes of the definition of prescribed authority in section 3 of the Act, a person holding, or performing the duties of:
(a) an office specified in Schedule 3; or
(b) an office established by a provision of an enactment of the Northern Territory, being a provision relating to a matter in respect of which the Ministers of that Territory have executive authority;
is not to be taken to be a prescribed authority for the purposes of the Act.
6A Actions deemed not to be taken by Attorney‑General’s Department
(1) For subsection 3(5A) of the Act, action taken by the Australian Government Solicitor or any other officer of the Attorney‑General’s Department in furtherance of the duties of the Australian Government Solicitor is deemed not to be action taken by the Attorney‑General’s Department.
(2) Subregulation (1) does not apply to action that is disclosable conduct to which subsection 5A(1) of the Act applies.
6B Conferral of functions on Defence Force Ombudsman
(1) For paragraph 19C(1)(a) of the Act, the Defence Force Ombudsman has:
(a) the function of taking appropriate action to respond to a complaint of abuse made by a complainant about abuse engaged in by a member of Defence (excluding any complaint previously made to, and dealt with by, the Defence Abuse Response Taskforce), including in any of the following ways:
(i) facilitating counselling for the complainant;
(ii) using a process to address or resolve the complaint, facilitated by the Defence Force Ombudsman or another person, such as an alternative dispute resolution process or a restorative engagement conference;
(iii) making a recommendation to the Defence Department in respect of the complaint;
(iv) deciding not to take, or to continue to take, action in response to the complaint; and
(b) functions that are ancillary or incidental to the function mentioned in paragraph (a); and
(c) the function of inquiring into matters relating to complaints of abuse, including, for example:
(i) the Defence Department’s and the Defence Force’s procedures relating to making and responding to such complaints; and
(ii) the effectiveness and appropriateness of those procedures; and
(d) the function of dealing with any matter relating to complaints previously made to, and dealt with by, the Defence Abuse Response Taskforce.
Note: Paragraph (a)—provisions of the Act could also be used to respond to a complaint of abuse. For example, section 35A of the Act could be used to refer evidence relating to a complaint of abuse to the Australian Federal Police, the police force or police service of a State or Territory, or a military justice authority, for investigation and possible prosecution of an offence.
(2) To avoid doubt, a complainant may make a complaint about abuse engaged in by a member of Defence even if the complainant has not approached the Defence Department in relation to the complaint.
(3) For the purposes of paragraph (1)(a), a complaint is taken to be previously made to, and dealt with by, the Defence Abuse Response Taskforce, if the complaint is the same in substance as a complaint that was in fact previously made to, and dealt with by, the Defence Abuse Response Taskforce.
(4) The Chief of the Defence Force and the Secretary of the Defence Department must both use their best endeavours to assist the Defence Force Ombudsman in his or her performance of the functions set out in subsection (1).
(5) In this regulation:
abuse, in relation to a complainant, includes:
(a) sexual abuse of a complainant; and
(b) serious physical abuse of a complainant; and
(c) serious bullying or harassment of a complainant.
complainant includes:
(a) a person who is or was a member of the Defence Force; and
(b) a person who is or was an APS employee deployed outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and
(c) a person who is or was contracted to provide services outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.
Defence Abuse Response Taskforce means the Taskforce established by the then Attorney‑General and Minister for Defence to respond to complaints of sexual and other forms of abuse by Defence personnel alleged to have occurred before 11 April 2011.
Defence Department means the Department of State that is administered by the Minister administering section 1 of the Defence Act 1903.
Defence Force has the same meaning as in subsection 4(1) of the Defence Act 1903.
member of Defence, in relation to a complaint of abuse, includes a person who, at the time the abuse is alleged to have occurred:
(a) was a member of the Defence Force; and
(b) was an APS employee deployed outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force; and
(c) was contracted to provide services outside Australia:
(i) in connection with an operation of the Defence Force; or
(ii) for the purpose of capacity‑building or peacekeeping functions by the Defence Force.
restorative engagement conference means a process facilitated by the Defence Force Ombudsman or another person in which a complainant engages with a member of Defence to have their complaint of abuse acknowledged.
7 Allowances
For the purposes of subsection 24(2) of the Act, the following allowances are prescribed, namely:
(a) in relation to the Ombudsman—the allowances payable to the Secretary of a Department of the Australian Public Service;
(b) in relation to a Deputy Ombudsman—the allowances payable to a Senior Executive Service officer of the Australian Public Service.
8 Terms and conditions of holding office
In respect of matters not provided for in the Act:
(a) the Ombudsman holds office on such of the terms and conditions not inconsistent with the Act or other provisions of these Regulations as would be applicable to him if he were an officer in the Australian Public Service and were included in the First Division; and
(b) a Deputy Ombudsman holds office on such of the terms and conditions not inconsistent with the Act or other provisions of these Regulations as would be applicable to him if he were an officer in the Australian Public Service and were included in the Second Division.
9 Principal offices
For the purposes of the definition of principal officer in section 3 of the Act, an office specified in column 3 of Schedule 4 is declared to be the principal office in respect of the prescribed authority specified opposite to that office in column 2 of that Schedule.
10 Witnesses’ expenses
A person required to attend, or appearing, as a witness before the Ombudsman or his delegate, shall, in respect of his attendance, be paid such fees and allowances for expenses as are determined by the Ombudsman or his delegate, as the case may be, in accordance with the scale in Schedule 5.
11 Transitional—conferral of functions on Defence Force Ombudsman
Disclosure, collection and use of information and documents relating to the Defence Abuse Response Taskforce
(1) The Defence Abuse Response Taskforce must disclose information and documents obtained by the Taskforce in the performance of its functions to the Defence Force Ombudsman for the purposes of the Ombudsman performing his or her functions under the Act or these Regulations.
(2) The Attorney‑General’s Department must disclose information and documents relating to the Defence Abuse Response Taskforce to the Defence Force Ombudsman for the purposes of the Ombudsman performing his or her functions under the Act or these Regulations.
(3) The Defence Force Ombudsman may collect and use such information or documents, or disclose information or documents, for the purposes of performing his or her functions under the Act or these Regulations.
Disclosure, collection and use of information and documents relating to complaints of abuse
(4) A Department or prescribed authority may disclose information and documents relating to a complaint of abuse to the Defence Force Ombudsman for the purposes of the Ombudsman performing his or her function under paragraph 6B(1)(a) of these Regulations.
(5) The Defence Force Ombudsman may collect and use such information or documents, or disclose information or documents, for the purposes of performing his or her functions under the Act or these Regulations.
Interaction with the Privacy Act 1988
(6) For the purposes of the Privacy Act 1988, disclosing information or documents to the Ombudsman, as mentioned in subregulations (1), (2) and (4), is taken to be authorised by these Regulations.
Schedule 1—Bodies that are not taken to be prescribed authorities for the purposes of the Act
(regulation 4)
Advisory Council for Inter‑government Relations
Australian Security Intelligence Organisation
Coal Industry Tribunal
Cocos (Keeling) Islands Council
Commonwealth Bank Officers Superannuation Corporation
Commonwealth Development Bank of Australia
Commonwealth Grants Commission
Commonwealth Savings Bank of Australia
Defence Force Remuneration Tribunal
Industrial Appeals Tribunal of Christmas Island
National Debt Commission
Pharmaceutical Benefits Remuneration Tribunal
Remuneration Tribunal
Schedule 2—Prescribed authorities for the purposes of the Act
(regulation 5)
Column 1 Item | Column 2 Prescribed authorities |
1. | Aboriginal Hostels Limited |
2. | Anutech Pty Limited |
3. | Australian Institute of Sport |
4. | Barker House Pty Limited |
5. | Coal Mines Insurance Pty Limited |
6. | Croydon Investments Pty Limited |
7. | East Australian Pipeline Corporation Limited |
8. | Edwards River Crocodile Farm Pty Limited |
9. | Fawns and McAllan Pty Limited |
10. | Law Courts Limited |
11. | National Health and Medical Research Council |
12. | New Guinea Resources Prospecting Company Limited |
13. | Phosphate Mining Company of Christmas Island |
14. | Rotary Tableting Corporation Pty Limited |
Schedule 3—Persons who are not to be taken to be prescribed authorities for the purposes of the Act
(regulation 6)
Auditor‑General
Australian Government Solicitor
Chairman of the Defence Force Remuneration Tribunal
Chairman of the Remuneration Tribunal
Christmas Island Arbitrator
Director‑General of Security
Inspector‑General of Intelligence and Security
Schedule 4—Principal offices in respect of prescribed authorities
(regulation 9)
Column 1
Item | Column 2
Prescribed authority | Column 3
Principal office |
1A | Australian Crime Commission | Chief Executive Officer | |
1. | Australian Electoral Office | Chief Australian Electoral Officer | |
2. | Australian Federal Police | Commissioner of Police | |
3. | Australian Institute of Marine Science | Director | |
4. | Australian National University | Vice‑Chancellor | |
5. | Australian Postal Corporation | Managing Director | |
6. | Australian Science and Technology Council | Secretary | |
7. | Australian Tourist Commission | Managing Director | |
8. | Australian Trade and Investment Commission | Managing Director | |
9. | Australian Trade Union Training Authority | Executive Officer | |
10. | Australian War Memorial | Director | |
11. | Council of the Australian War Memorial | Director of the Australian War Memorial | |
12. | Export Finance and Insurance Corporation | Managing Director | |
14. | National Library of Australia | Director‑General | |
15. | National Standards Commission | Executive Director | |
16. | Special Broadcasting Service | Executive Director | |
| | | |
Schedule 5—Witnesses’ allowances for travelling and other expenses
(regulation 10)
1. A witness appearing before the Ombudsman or his delegate to give evidence because of his professional, scientific or other special skill or knowledge shall be paid an amount of not less than $45, or more than $225, for each day on which he so appears.
2. A witness, other than a witness referred to in Item 1, appearing before the Ombudsman or his delegate to give evidence shall be paid:
(a) if he is remunerated by wages, salary or fees:
(i) an amount equal to the amount of wages, salary or fees lost by him by reason of his so appearing; or
(ii) an amount of $50 for each day on which he so appears,
whichever is the less; or
(b) if he is not so remunerated—an amount of $40 for each day on which he so appears.
3. A witness appearing before the Ombudsman or his delegate to give expert evidence shall be paid, in addition to any other amount payable to him under Item 1 or 2, a reasonable amount for qualifying to give that evidence.
4. A witness appearing before the Ombudsman or his delegate to give evidence shall be paid a reasonable amount:
(a) in respect of his conveyance to and from the place at which he so attends; and
(b) if he is required to be absent overnight from his usual place of residence for meals and accommodation.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
1977 No. 104 | 30 June 1977 | 1 July 1977 | |
1978 No. 103 | 29 June 1978 | 1 July 1978 | — |
1979 No. 182 | 10 Sept 1979 | 10 Sept 1979 | — |
1980 No. 348 | 4 Dec 1980 | 4 Dec 1980 | — |
1982 No. 63 | 4 Mar 1982 | 4 Mar 1982 | — |
1985 No. 98 | 7 June 1985 | 7 June 1985 | — |
1989 No. 9 | 13 Feb 1989 | 1 Apr 1989 (r 1 and gaz 1989, No S92) | — |
1991 No. 431 | 19 Dec 1991 | r 4.1, 4.5 and 6.2–6.7: 1 Feb 1992 (r 1.1 and gaz 1992, No S32)
Remainder: 19 Dec 1991 | — |
1995 No. 138 | 15 June 1995 | 15 June 1995 | — |
1998 No. 47 | 25 Mar 1998 | 25 Mar 1998 | — |
1999 No. 192 | 1 Sept 1999 | 1 Sept 1999 (r 2 and gaz 1999, No S395) | — |
2002 No. 122 | 14 June 2002 | 14 June 2002 | — |
2002 No. 326 | 20 Dec 2002 | 1 Jan 2003 (r 2) | — |
2005 No. 207 | 19 Sept 2005 (F2005L02673) | 1 Oct 2005 (r 2) | — |
2011 No. 120 | 30 June 2011 (F2011L01364) | 1 July 2011 (r 2) | — |
260, 2013 | 16 Dec 2013 (F2013L02112) | Sch 1 (item 1): 1 Jan 2014 (s 2) | — |
95, 2015 | 26 June 2015 (F2015L00953) | Sch 1 (items 9, 10): 1 July 2015 (s 2(1) item 1) | — |
105, 2015 | 26 June 2015 (F2015L00947) | 1 July 2015 (s 2(1) item 1) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Trade Legislation Amendment (Australian Trade and Investment Commission) Regulation 2016 | 19 Apr 2016 (F2016L00539) | Sch 1 (item 22): 1 May 2016 (s 2(1) item 1) | — |
Ombudsman Amendment (Functions of the Defence Force Ombudsman) Regulation 2016 | 2 Sept 2016 (F2016L01384) | Sch 1 (item 1): 1 Dec 2016 (s 2(1) item 2)
Remainder: 3 Sept 2016 (s 2(1) items 1, 3) | — |
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Telstra (Transition to Full Private Ownership) Act 2005 | 118, 2005 | 23 Sept 2005 | Sch 1 (items 54–56): 24 Nov 2006 (s 2(1) item 3) | Sch 1 (item 56) |
Endnote 4—Amendment history
Provision affected | How affected |
r 1..................... | rs No 192, 1999 |
r 2..................... | rep LA s 48D |
r 3A.................... | ad No 260, 2013 |
r 4..................... | am No 47, 1998; No 105, 2015 |
r 6..................... | rs No 103, 1978 |
r 6A.................... | ad No 105, 2015 |
r 6B.................... | ad F2016L01384 |
r 7..................... | ad No 182, 1979 |
| rs No 63, 1982 |
| am No 98, 1985 |
r 8..................... | ad No 182, 1979 |
r 9..................... | ad No 182, 1979 |
| am No 122, 2002 |
r 10.................... | ad No 348, 1980 |
r 11.................... | ad F2016L01384 |
Schedule 1 | |
Schedule 1................ | am No 98, 1985 |
| rs No 431, 1991 |
| am No 192, 1999; No 95, 2015; No 105, 2015 |
Schedule 2 | |
Schedule 2................ | am No 103, 1978; No. 182, 1979 |
| rs No 98, 1985 |
| am No 9, 1989; No 431, 1991 |
| rs No. 138, 1995 |
| am Act No 118, 2005 |
Schedule 3 | |
Schedule 3................ | am No 98, 1985 |
| rs No 431, 1991 |
| am No 192, 1999; No 95, 2015; No 105, 2015 |
Schedule 4 | |
Schedule 4................ | ad No 182, 1979 |
| am No 348, 1980; No 98, 1985; No 9, 1989 |
| rs No 431, 1991 |
| am No 431, 1991 |
| rs No 138, 1995 |
| am No 122, 2002; No 326, 2002; No 207, 2005; Act No 118, 2005; No 120, 2011; F2016L00539 |
Schedule 5 | |
Schedule 5................ | ad No 348, 1980 |