Electricity Ombudsman Act 1998 (TAS)

Electricity Ombudsman Act 1998

An Act to provide for the making, investigation and resolution of complaints against electricity entities and for related purposes

[Royal Assent 19 June 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Electricity Ombudsman Act 1998 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3InterpretationIn this Act, unless the contrary intention appears – award means an award made under section 21(c) or an agreement registered as an award under section 21(b) ; complainant means a person who makes a complaint; complaint means a complaint made under section 7 ; comply with includes not contravene; confidential information includes – (a) information about the identity, occupation or whereabouts of the complainant or of any person who assists an investigation; and (b) information disclosed by a complaint; and (c) information of personal concern to an individual; and (d) information that, if disclosed, may cause detriment to a person; electricity entity has the same meaning as in the Electricity Supply Industry Act 1995 ; Energy Minister means the Minister to whom the administration of the Electricity Supply Industry Act 1995 is assigned from time to time; exempt information means information of a kind that is prescribed to be exempt information; function includes duty; investigation means an investigation undertaken by the Ombudsman in respect of a matter referred to in section 10 ; officer means – (a) a person appointed or employed under section 9(1) of the Ombudsman Act 1978 ; and (b) a person made available under section 9(2) of that Act; Ombudsman has the same meaning as in the Ombudsman Act 1978 ; Regulator has the same meaning as in the Electricity Supply Industry Act 1995 . 4Act binds CrownThis Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5Functions and powers of Ombudsman (1)  The Ombudsman has the following functions: (a) to receive, investigate and resolve complaints; (b) to make awards and register agreements as awards under Part 4 ; (c) to identify and review issues arising out of complaints; (d) to assist electricity entities to develop procedures to resolve complaints; (e) to perform any other functions imposed on the Ombudsman by this Act; (f) to perform any other prescribed functions. (2)  The Ombudsman has power to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act. (3)  In performing and exercising his or her functions and powers, the Ombudsman must act independently, impartially and in the public interest. PART 2Complaints6Who may complainA person may make a complaint if the person has a grievance concerning any service of, or relating to the sale and supply of electricity by, an electricity entity. 7Making a complaint (1)  Subject to this section, a complaint is to – (a) be made to the Ombudsman; and (b) be in writing; and (c) be signed by the complainant; and (d) disclose the name and address of the complainant; and (e) contain the details of the grievance. (2)  A complaint for and on behalf of a complainant may be made by a person authorised by the complainant. (3)  The Ombudsman may accept a complaint that does not comply with subsection (1) . 8Further information may be required (1)  The Ombudsman may, at any time, require a complainant – (a) to provide further information or documents; or (b) to verify all or any part of the complaint by statutory declaration. (2)  When making a requirement under subsection (1) , the Ombudsman must specify a reasonable period of time within which the requirement is to be satisfied. (3)  The Ombudsman may extend the period specified under subsection (2) , whether before or after its expiry. 9Withdrawal of complaintA complainant may withdraw a complaint at any time by notifying the Ombudsman in writing of the withdrawal or, if the Ombudsman agrees, by oral or other notice. PART 3Investigation of complaintDivision 1Preliminary matters10Determining whether to investigate complaint, &c. (1)  On receipt of a complaint, the Ombudsman – (a) may dismiss the complaint and recommend that proceedings be commenced in a court of competent jurisdiction if satisfied that the matters raised by the complaint are of such nature or complexity that they would be more appropriately dealt with by that court; or (b) may refer the complaint to the Regulator or a tribunal, a board or another person if the complaint concerns matters which should be investigated by the Regulator or that tribunal, board or other person under any other law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or (c) must dismiss the complaint if satisfied that – (i) the complaint lacks substance; or (ii) the complaint is frivolous, vexatious or was not made in good faith; or (iii) the complainant became aware of the circumstances that gave rise to the complaint more than 2 years before the complaint was made; or (iv) the complainant has been given reasonable explanations and information and there would be no benefit in further entertaining the complaint; or (v) the complaint has been resolved; or (vi) court proceedings which relate to the subject matter of the complaint have been commenced; or (vii) all the issues arising out of the subject matter of the complaint have been adjudicated upon or otherwise dealt with by the Regulator or a court, a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State; or (d) must investigate the complaint in any other case. (2)  Subsection (1)(c) does not apply if the Ombudsman is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it. (3)  Before determining the course of action to be taken under subsection (1) , the Ombudsman may make enquiries and obtain information that the Ombudsman considers necessary or appropriate. (4)  Subsection (3) does not authorise the exercise of a power under Division 2 . (5)  Within 14 days after making a determination under subsection (1) , the Ombudsman must provide written notice of the determination – (a) to the complainant; and (b) to the electricity entity if the Ombudsman has determined to investigate the complaint or refer the complaint to the Regulator or a tribunal, a board or another person. 11Splitting of complaints (1)  This section applies to a complaint that – (a) deals with more than one subject matter; or (b) deals with more than one set of circumstances; or (c) makes allegations against more than one electricity entity; or (d) makes more than one allegation against an electricity entity; or (e) for any other reason is susceptible to being dealt with in separate parts. (2)  If it is administratively or otherwise convenient to do so, the Ombudsman may determine that a complaint to which this section applies be treated as 2 or more complaints. 12Limitation on commencing proceedings (1)  If the Ombudsman has commenced an investigation on receipt of a complaint, the electricity entity is not entitled to commence proceedings in any court in respect of a matter raised by, or likely to be raised by, the complaint or the investigation. (2)  A court must dismiss proceedings commenced in contravention of subsection (1) and award costs in the matter against the electricity entity. Division 2Conduct of investigations13Limitation of powersThe powers conferred by this Division may be exercised only for the purposes of an investigation. 14Conduct of investigationAn investigation is to be conducted in such manner as the Ombudsman considers appropriate. 15RepresentationA person required to appear or to produce documents under this Division may be assisted or represented by another person. 16Obtaining and use of information (1)  If the Ombudsman has reason to believe that a person is capable of providing information or producing a document relevant to an investigation, the Ombudsman may, by notice in writing provided to the person, require the person to do one or more of the following: (a) to provide that information to the Ombudsman in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate; (b) to produce that document to the Ombudsman; (c) to attend before the Ombudsman or an officer as specified in the notice and provide information by answering questions relevant to the investigation. (2)  A notice referred to in subsection (1) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document or attend to answer questions. (3)  Nothing in subsection (1) authorises the Ombudsman to require the provision of exempt information or that part of a document containing exempt information. (4)  Where a document is produced in accordance with a requirement under this section, the Ombudsman may take possession of, make copies of, or take extracts from, the document. (5)  A person must comply with a requirement under subsection (1) .Penalty:  Fine not exceeding 50 penalty units. 17Power to examine witnesses, &c. (1)  The Ombudsman, or an officer who is to receive information under section 16(1) , may administer an oath or affirmation to a person required to attend before him or her under this Division and may examine the person on oath or affirmation. (2)  The Ombudsman may require a person to verify by statutory declaration – (a) any information or document produced under this Division; or (b) a statement that the person has no relevant information or documents or no further relevant information or documents. (3)  A person must comply with a requirement under subsection (2) .Penalty:  Fine not exceeding 50 penalty units. 18Reimbursement of expensesA person required to attend before the Ombudsman or another person under this Division is entitled to be paid the expenses and allowances – (a) that are prescribed; or (b) if none are prescribed, that the Ombudsman determines. 19Reference to another authority for investigation (1)  If the Ombudsman considers that a matter raised by, or during the course of, an investigation should be investigated by the Regulator or a tribunal, a board or another person under a law of Tasmania, the Commonwealth, a Territory of the Commonwealth or another State, the Ombudsman may refer the matter to the Regulator or that tribunal, board or other person for investigation. (2)  If the Ombudsman considers that a matter raised by, or during the course of, an investigation is of such nature or complexity that it would be more appropriately dealt with by a court of competent jurisdiction, the Ombudsman may recommend that proceedings be commenced in that court. Division 3Miscellaneous20Matters concerning reference to another authority (1)  The Ombudsman must not refer a matter to the Regulator or a tribunal, a board or another person without first consulting the Regulator or that tribunal, board or other person. (2)  Where the Ombudsman has referred a complaint to the Regulator or a tribunal, a board or another person under section 10(1)(b) or section 19(1) , the Ombudsman must give to the Regulator or tribunal, board or other person all documents and information in the possession of the Ombudsman that relate to the complaint. (3)  The Ombudsman may – (a) make and retain a record of information referred to in subsection (2) ; and (b) make copies of, or take extracts from, a document referred to in that subsection and retain those copies or extracts. (4)  The Ombudsman’s powers to investigate a matter cease when the matter is referred under section 10(1)(b) or section 19(1) to the Regulator or a tribunal, a board or another person for investigation or the Ombudsman recommends under section 10(1)(a) or section 19(2) that proceedings be commenced in a court of competent jurisdiction in respect of the matter. PART 4Action following investigationDivision 1Action by Ombudsman21Action by Ombudsman after investigationAfter investigating a complaint, the Ombudsman may – (a) dismiss the complaint; or (b) register an agreement between the complainant and the electricity entity as an award; or (c) make an award; or (d) refer the complaint to another body detailed in section 19(1) ; or (e) recommend that proceedings be commenced in a court. 22Action if complaint dismissed (1)  If the complaint is dismissed, the Ombudsman must provide written notice to the electricity entity and complainant stating that fact and specifying the reasons for dismissing the complaint. (2)  The fact that a complaint has been dismissed does not prejudice the right of the complainant to commence proceedings in any court in respect of any matter raised by the complaint or investigation. Division 2Awards23Awards (1)  An award may require the electricity entity to do one or more of the following: (a) pay compensation in the amount determined by, or determined in the manner specified by, the Ombudsman; (b) provide goods or services to the complainant; (c) amend or waive a charge for a service provided to the complainant; (d) undertake corrective work; (e) correct, delete from or add to any record kept in respect of the complainant by the electricity entity; (f) do or refrain from or stop doing any other act. (2)  The total value of an award must not exceed the prescribed amount or, if no amount is prescribed – (a) $20 000 except where the electricity entity otherwise agrees; or (b) $50 000 if the electricity entity has agreed to the total value exceeding $20 000. (3)  In determining the total value of an award, any costs awarded against the electricity entity are not to be taken into account. (4)  To the extent that the total value of an award exceeds the total value permissible under this Act the award is of no effect. (5)  The Ombudsman must provide a copy of an award to the electricity entity and the complainant. 24CostsThe Ombudsman must not award costs against the complainant but may award costs against the electricity entity. 25Acceptance of award by complainant (1)  The complainant may decide whether or not to accept an award made under section 21(c) . (2)  Within 21 days after receiving the copy of the award, the complainant must notify the Ombudsman, in writing, whether or not the complainant accepts the award. (3)  If the Ombudsman does not receive the notice referred to in subsection (2) within the time specified in that subsection, the Ombudsman must require the complainant to provide that notice to the Ombudsman within 14 days after receiving the requirement. (4)  The requirement is to – (a) be in writing; and (b) advise the complainant that if the complainant fails to comply with the requirement – (i) the award is taken to have been accepted; and (ii) the complainant may not then commence proceedings in any court in respect of any matter raised by the investigation of the complaint. (5)  If the complainant fails to comply with a requirement within the period specified in subsection (3) , the complainant is taken to have accepted the award. (6)  If the Ombudsman registers an agreement as an award under section 21(b) , the award is accepted by the complainant. (7)  On the acceptance by the complainant of an award, the Ombudsman must provide to the electricity entity and the complainant written notice of – (a) the fact that the award has been accepted; and (b) the day on which the award takes effect, being a day not earlier than the day on which the notice is provided to the electricity entity. 26Effect of award (1)  An award that has been accepted by the complainant is binding on the electricity entity. (2)  An electricity entity may not appeal against an award that has been accepted by the complainant except on a matter of law. (3)  Once an award is accepted, the complainant is not entitled to commence proceedings in any court in respect of any matter raised by the investigation of the complaint. (4)  A court must dismiss proceedings commenced in contravention of subsection (3) . 27Enforcement of order (1)  The complainant, or the Regulator on behalf of the complainant, may file an award that has been accepted by the complainant with a court of competent jurisdiction. (2)  An award filed with a court under subsection (1) is taken to be an order of that court and may be enforced as such. 28Duty of complainant to allow compliance with award (1)  The complainant must do anything that is both reasonable and necessary to allow the electricity entity to comply with an award that has been accepted by the complainant. (2)  If the complainant fails to comply with subsection (1) , the electricity entity may report the matter to the Ombudsman. (3)  On receipt of a report under subsection (2) , the Ombudsman may inquire into the matter and give directions to the electricity entity and the complainant as the Ombudsman considers appropriate. (4)  Division 2 of Part 3 applies, with necessary modifications, to an inquiry under subsection (3) as if the inquiry were an investigation. (5)  If the complainant fails to comply with a written direction given by the Ombudsman under subsection (3) , the Ombudsman may declare by notice provided to the electricity entity and the complainant that the electricity entity has satisfied the award. (6)  A declaration under subsection (5) is binding on the complainant. PART 5Reports29Reports (1)  The Ombudsman – (a) may prepare a report of his or her findings and conclusions at any time during an investigation; and (b) must prepare such a report at the conclusion of an investigation. (2)  A copy of each report must be provided to – (a) any electricity entity mentioned in the report; and (b) the complainant. (3)  A copy of each report may be provided to – (a) any person who, under a law of Tasmania, another State, a Territory or the Commonwealth, has a function exercisable in relation to a matter raised in the report; and (b) the Minister; and (c) the Energy Minister; and (d) the Regulator; and (e) any other person the Ombudsman considers appropriate. (4)  Subject to section 30 , a report may contain information, comments, opinions and recommendations for action. 30Adverse comment in reports (1)  The Ombudsman must not include in a report under this Act a comment adverse to a person identifiable from the report except where the person has been given a reasonable opportunity – (a) to make a submission to the Ombudsman in relation to the proposed comment; and (b) to provide to the Ombudsman a written statement in relation to it. (2)  If a person referred to in subsection (1) so requests, the Ombudsman must include in the report the statement given under subsection (1)(b) or a fair summary of it. (3)  The Ombudsman is not required to provide to a person the opportunity referred to in subsection (1) if the Ombudsman believes, on reasonable grounds, that awareness of the proposed comment by any person would be likely to result in action that would prejudice an investigation. PART 6Miscellaneous31Preservation of confidentiality (1)  A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, unless the person does so – (a) when necessary for the purposes of this Act; or (b) when expressly authorised or required under this or another Act; or (c) when expressly authorised or required under the regulations; or (d) when expressly authorised, in writing, by the person to whom it relates. Penalty:  Fine not exceeding 50 penalty units. (2)  Except where it is necessary to do so for the purposes of this Act, a person is not required – (a) to disclose confidential information gained by the person through involvement in the administration of this Act to a court or tribunal; or (b) to produce that part of a document that contains confidential information gained by the person through involvement in the administration of this Act to a court or tribunal. (3)  For the purposes of this section, a person gains information through involvement in the administration of this Act if the person gains the information – (a) in the course of the involvement; or (b) because of opportunity provided by the involvement. (4)  This section does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of any person. 32Exchange of informationFor the purposes of this Act – (a) the Ombudsman may disclose information to the Regulator and any tribunal, board and other person to whom the Ombudsman may refer a matter under section 10(1)(b) or section 19(1) ; and (b) the Regulator and any such tribunal, board and other person may disclose information to the Ombudsman. 33Offences relating to obstruction, &c.Without reasonable excuse, a person must not obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the Ombudsman or an officer in the performance or exercise of a function or power under this Act.Penalty:  Fine not exceeding 50 penalty units. 34Offences relating to provision of information, &c. (1)  Without reasonable excuse, a person who is required to do so under this Act must not refuse or fail – (a) to attend before a person for the purpose of providing information; or (b) to be sworn or make an affirmation; or (c) to provide information by answering a question or otherwise; or (d) to produce a document. Penalty:  Fine not exceeding 50 penalty units. (2)  A person must not – (a) provide to the Ombudsman or an officer who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or (b) refuse or fail to include in information provided to the Ombudsman or an officer who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular. Penalty:  Fine not exceeding 50 penalty units. (3)  A person must not provide to the Ombudsman or an officer performing or exercising a function or power under this Act a document containing information that the person knows is false or misleading in a material particular without – (a) indicating that the document is false or misleading and the manner in which it is false or misleading; and (b) giving correct information if the person has, or can reasonably obtain, the correct information. Penalty:  Fine not exceeding 50 penalty units. (4)  Without limiting subsection (1) , it is a reasonable excuse to refuse or fail to provide information by answering a question or otherwise or to produce the whole or part of a document if to do so would disclose or provide exempt information. (5)  A person is not liable to any penalty under the provisions of any other Act because the person, when required to do so under this Act – (a) provided information that is not exempt information; or (b) produced a document that does not contain exempt information; or (c) answered a question if the answer does not disclose exempt information. 35Proceedings for offenceProceedings for an offence against this Act are to start – (a) within 6 months after the commission of the offence; or (b) within 6 months after the offence comes to the knowledge of the Ombudsman. 36Evidence (1)  In any proceeding, a certificate purporting to be that of the Ombudsman stating that a person is a delegate in relation to a power specified in the certificate or is an officer is evidence of that matter. (2)  In any proceeding, a certificate purporting to be that of the Ombudsman or of another person referred to in subsection (1) stating that the Ombudsman or the person has made or taken a decision, step or action or that a document is held by or was provided to the Ombudsman or the person is evidence of those matters. 37Informality of procedures (1)  In performing functions and exercising powers under this Act, the Ombudsman and all officers must have regard to the rules of natural justice. (2)  Subject to subsection (1) , the Ombudsman and each officer – (a) must proceed with as little formality and technicality and with as much expedition as the requirements of this Act and a proper consideration of the matter permit; and (b) are not bound by the rules of evidence but may inform himself or herself of any matter in any manner that he or she considers appropriate. 38Providing documentsA document is effectively provided to a person under this Act if – (a) in the case of a natural person, it is – (i) given to the person; or (ii) left at, or sent by post to, the person’s postal or residential address or place or address of business or employment last known to the provider of the document; or (iii) sent by way of facsimile transmission to the person’s facsimile number; and (b) in the case of any other person, it is – (i) left at, or sent by post to, the person’s principal or registered office or principal place of business; or (ii) sent by way of facsimile transmission to the person’s facsimile number. 39Cost of administration of Act (1)  As soon as practicable after each 31 March, 30 June, 30 September and 31 December, the Ombudsman must provide to the Regulator and each electricity entity a quarterly report specifying the number of complaints in each category of complaints received by the Ombudsman in relation to each electricity entity during the period covered by the report. (2)  After the end of each financial year, the Ombudsman must provide to the Regulator and each electricity entity an annual report detailing the costs of administering this Act. (3)  The annual report under subsection (2) and each quarterly report under subsection (1)  – (a) is to be in a form approved by the Regulator; and (b) is to comply with any written directions given by the Regulator to the Ombudsman with respect to – (i) the categories of complaints; and (ii) the allocation of costs to each such category; and (iii) any other matter in respect of which the Regulator considers it appropriate to give directions. (4)  The costs of administering this Act are to be met by all electricity entities in such portions as the Regulator determines by notice provided to all electricity entities and published in the Gazette. (5)  The Regulator must determine the portion of the costs to be met by each electricity entity as soon as practicable after receiving the annual report of the Ombudsman. (6)  In determining the portion of the costs of administering this Act to be payable by each electricity entity, the Regulator must take into account – (a) each report of the Ombudsman relating to a period of time within the immediately preceding financial year; and (b) the annual report; and (c) the number of complaints of each category in respect of each electricity entity made or dealt with during that financial year. (7)  The amount determined by the Regulator as the portion of costs to be met by an electricity entity must be paid to the Ombudsman within the period or at the times, and in the manner, specified in the determination. (8)  For the purpose of meeting the costs of administering this Act during the period commencing on the commencement of this Act and ending on 30 June 1999, the Regulator may require an electricity entity to pay to the Ombudsman an amount determined by the Regulator by notice provided to all electricity entities and published in the Gazette. (9)  If at any time during the period referred to in subsection (8) the Regulator considers that the amounts required to be paid under requirements made under that subsection are insufficient to meet the costs of administering this Act during that period, the Regulator may make further requirements under that subsection. (10)  If the whole or any part of an amount payable under this section by an electricity entity to the Ombudsman is due and unpaid, that whole or part amount may be recovered as a debt due to the Ombudsman in a court of competent jurisdiction. 40Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  Without limiting the generality of subsection (1) , the regulations may make provision in respect of the following matters: (a) the making and investigation of a complaint; (b) the conduct of any person, including an electricity entity, in relation to the making of a complaint; (c) the conduct of any person, including an electricity entity, during and in relation to an investigation; (d) the resolution of a complaint, the making of an award and any other matter arising from the completion of an investigation. (3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions specified in the regulations. (4)  The regulations may – (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. (5)  The regulations may prescribe expenses and allowances payable to witnesses under this Act by reference to similar expenses and allowances payable to persons attending as witnesses before a court specified in the regulations. 41Transitional matters (1)  If on the commencement of this Act the Ombudsman is investigating a complaint made under the Ombudsman Act 1978 against the Hydro-Electric Corporation, that investigation may be continued under this Act as if – (a) the complaint had been made under this Act; and (b) the complaint had been made against the Hydro-Electric Corporation or an electricity company – (i) formed under the Electricity Companies Act 1997 ; and (ii) to which that part of the business and operations of the Hydro-Electric Corporation to which the complaint relates has been transferred under the Electricity Companies Act 1997 . (2)  A complaint may be made under this Act by a person who could, within the period of one year immediately preceding the commencement of this Act, have made a complaint to the Ombudsman under the Ombudsman Act 1978 against the Hydro-Electric Corporation. (3)  For the purposes of subsection (2) , the complaint under this Act may be made, as appropriate, against the Hydro-Electric Corporation or an electricity company – (a) formed under the Electricity Companies Act 1997 ; and (b) to which that part of the business and operations of the Hydro-Electric Corporation to which the complaint relates has been transferred under the Electricity Companies Act 1997 . 42Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Justice; and (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice. 43Consequential amendmentsThe Acts specified in Schedule 1 are amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 43

1.    Section 22(1) is amended by inserting after paragraph (c) the following paragraph: (ca) a condition that the electricity entity must – (i) comply with a requirement made under section 16 of the Electricity Ombudsman Act 1998 to provide information or produce a document; and (ii) take all reasonable steps to ensure that an officer or employee of the electricity entity complies with a requirement made under section 16 of the Electricity Ombudsman Act 1998 to provide information, produce a document, attend to answer questions or make a statutory declaration; and 1.    The long title is amended as follows: (a) by inserting in the long title "and" after "Ombudsman"; (b) by inserting in the long title "and for related purposes" after "authorities". 2.    Section 9 is amended as follows: (a) by inserting in subsection (1) "under this or any other Act" after "Ombudsman"; (b) by inserting in subsection (2) "or any other" after "this". 3.    Section 10(1) is amended by inserting "under this or any other Act" after "functions of the Ombudsman". 4.    Section 33 is amended as follows: (a) by inserting in subsection (1) "or any other" after "under this"; (b) by inserting in subsection (3) "under this or any other Act" after "investigation". 5.    Schedule 1 is amended by omitting item 27 .

[Second reading presentation speech made in:

House of Assembly on 29 APRIL 1998

Legislative Council on 9 JUNE 1998]