Ombudsman Act 1972 (SA)

South Australia

Ombudsman Act 1972

An Act to provide for the appointment of an Ombudsman to investigate the exercise of the administrative powers of certain agencies and allegations of misconduct or maladministration in public administration; to provide for the powers, functions and duties of the Ombudsman; and for other purposes.

Contents

Part 1—Preliminary

1            Short title

3            Interpretation

4            Misconduct and maladministration

4A          Parliamentary privilege unaffected

5            Non-application of Act

Part 2—The Ombudsman

5A          Functions

6            Appointment of Ombudsman

7           Ombudsman not to engage in any remunerative employment

8            Acting Ombudsman

9            Delegation

10          Term of office of the Ombudsman etc

11          Ombudsman is not a Public Service employee

12          Officers of Ombudsman

Part 2A—Receiving and assessing complaints and reports

12A         Complaints system

12B         Persons who may make complaints

12C         Time within which complaints may be made

12D         Reporting system for misconduct and maladministration

12E         Referral of matter by OPI

12F         Obstruction of complaint or report

12G         False or misleading statements in complaint or report etc

12H        Assessment of complaint or report

Part 3—Investigations

13          Matters subject to investigation

14          Parliament may refer matter for investigation

14A         Administrative audits

17A        Conciliation

18          Procedure on investigations

19          Ombudsman to have powers of a Royal Commission

19A         Ombudsman may issue direction in relation to administrative act

20          No obligation on persons to maintain secrecy

20A        Injunction to refrain from conduct pending investigation

21          Protection for proceedings in Cabinet

23          Entry and inspection

24          Obstruction

25          Proceedings on completion of investigation

26          Report on investigation

27          Report to complainant

28          Determination of the Ombudsman's jurisdiction

28A         Directions following misconduct or maladministration referral

Part 4—Miscellaneous

29          Reviews

29A         Confidentiality

29B         Annual report and other public reports

29C         Legal assistance

30          Immunity from liability

31          Use of evidence or information

31A         Victimisation

32          Use of word "Ombudsman" by agencies to which Act applies in describing internal reviews prohibited

33          Regulations

Schedule 1—Reimbursement of Legal Fees Policy

1            Interpretation

2            Who can claim for reimbursement

3            Additional criteria for reimbursement

4            Reasonable costs

5            Procedure for reimbursement

6            Interim payments

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Ombudsman Act 1972.

3—Interpretation

1. In this Act, unless the contrary intention appears—

   act includes—

   (a)an omission;

   (b)a decision, proposal or recommendation (including a recommendation made to a Minister of the Crown),

   and the circumstances surrounding an act;

   administrative act means—

   (a)an act relating to a matter of administration on the part of an agency to which this Act applies or a person engaged in the work of such an agency; or

   (b)an act done in the performance of functions conferred under a contract for services with the Crown or an agency to which this Act applies,

   but does not include—

   (c)an act done in the discharge of a judicial authority; or

   (d)an act done by a person in the capacity of legal adviser to the Crown or an agency to which this Act applies;…