HomeFund Select Committee (Special Provisions) Act 1993 (NSW)

HOMEFUND SELECT COMMITTEE (SPECIAL PROVISIONS)

ACT 1993 No. 27

NEW SOUTH WALES

TABLE OF PROVISIONS

1.     Short title

2. Commencement
3. Definitions

4.    Extension of functions of Ombudsman to investigate and report on certain matters

5.     Extension of functions of Auditor-General to investigate and report on certain matters

6. Independence not affected
7. Expiry of Act

HOMEFUND SELECT COMMITTEE (SPECIAL PROVISIONS)

ACT 1993 No. 27

NEW SOUTH WALES

Act No. 27, 1993

An Act to make provision with respect to the exercise by the Ombudsman and the Auditor-General of their respective functions in connection with a resolution of the Legislative Assembly appointing a Select Committee upon HomeFund and FANMAC. [Assented to 8 June 1993]

HomeFund Select Committee (Special Provisions) Act 1993 No. 27

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the HomeFund Select Committee (Special Provisions) Act 1993.

Commencement

1. This Act commences on the date of assent.

Definitions

3. In this Act:

“Auditor-General’s functions” means the functions conferred on the Auditor-General by or under this Act, the Public Finance and Audit Act 1983 or any other Act;

“function” includes power, authority and duty; “exercise a function” includes perform a duty; “confer a function” includes impose a duty;

“Ombudsman’s functions” means the functions conferred on the Ombudsman by or under this Act, the Ombudsman Act 1974 or any other Act;

“Select Committee” means the Select Committee upon HomeFund and FANMAC appointed in accordance with clause ( 1 ) of the Special Resolution;

“Special Resolution’’ means the resolution of the Legislative Assembly with respect to the appointment of a Select Committee “to inquire into and report upon all matters concerning HomeFund and FANMAC”, being the resolution in the form in which it was passed by the Legislative Assembly on 21 April 1993, during the continuation of its proceedings of the previous day.

Extension of functions of Ombudsman to investigate and report on certain matters

(1) The Ombudsman is authorised to exercise the Ombudsman’s functions (at the request of the Select Committee) in connection with any matter that is within the Select Committee’s terms of reference under the Special Resolution as if that matter were the subject of a complaint under the Ombudsman Act 1974 and as if the Select Committee were the complainant.

4.

HomeFund Select Committee (Special Provisions) Act 1993 No. 27

(2) For the purpose of exercising the Ombudsman’s functions under this section, the Ombudsman is further authorised to furnish information, documents and reports to the Select Committee and to the

Auditor-General in connection with any such matter.

(3) For the purposes of this Act:

(a)	conduct of a public authority with respect to the investment of the funds of the Home Purchase Assistance Fund; and
(b)	conduct of the Treasury Corporation with respect to the HomeFund scheme,

are taken not to be conduct of a class described in clause 14 of Schedule 1 to the Ombudsman Act 1974, and that clause is taken to be amended accordingly.

(4) Nothing in this section is taken:

(a) to limit the Ombudsman’s functions under the Ombudsman Act 1974 in connection with any matter that is within the Select

Committee’s terms of reference under the Special Resolution; or

(b) to authorise the Ombudsman to investigate the conduct of any person who is not a public authority within the meaning of that Act.

(5) Nothing in the Ombudsman Act 1974, section 34 (Disclosure by Ombudsman or officer) in particular, is taken to limit the power of the Ombudsman to furnish any infomation, document or report under this section.

(6) This section is to be read as if it formed part of the Ombudsman Act 1974, so that the functions and immunities conferred by that Act and the Defamation Act 1974 with respect to matters arising under the Ombudsman Act 1974 are taken to apply equally to any matter with respect to which the Ombudsman exercises the Ombudsman’s functions under this section.

Extension of functions of Auditor-General to investigate and report on certain matters

5. (1) The Auditor-General is authorised to exercise the Auditor-General’s functions (at the request of the Select Committee) in connection with any matter that is within the Select Committee’s terms of reference under the Special Resolution.

HomeFund Select Committee (Special Provisions) Act 1993 No. 27

(2) For the purpose of exercising the Auditor-General’s functions under this section, the Auditor-General is further authorised:

(a)	to conduct a special audit of all or any particular activities of an authority, under Division 2A of Part 3 of the Public Finance and Audit Act 1983, for the purpose of investigating any such matter; and
(b)	to furnish information, documents and reports to the Select Committee and to the Ombudsman in connection with any such matter.

(3) Nothing in this section is taken to limit the Auditor-General’s functions under the Public Finance and Audit Act 1983 in connection with any matter that is within the Select Committee’s terms of reference under the Special Resolution.

(4) Nothing in the Public Finance and Audit Act 1983, section 38

(Secrecy) in particular, is taken to limit the power of the Auditor-General
to furnish any information, document or report under this section.

(5) This section is to be read as if it formed part of the Public Finance and Audit Act 1983, so that the functions and immunities conferred by that Act and the Defamation Act 1974 with respect to matters arising under the Public Finance and Audit Act 1983 are taken to apply equally

to any matter with respect to which the Auditor-General exercises the

Auditor-General’s functions under this section.

Independence not affected

6. Nothing in this Act affects in any way the independence or any independent discretion of the Ombudsman or the Auditor-General or requires either of them to exercise any functions or to undertake any additional functions.

Expiry of Act

7. This Act expires on 31 December 1993.

[Member’s second reading speech made in-

Legislative Assembly on 21 May 1993

[Minister’s second reading speech made made in-

Legislative Council on 21 May 1993]