Ombudsman Act 1973 (Vic)

Version No. 121

Ombudsman Act 1973

No. 8414 of 1973

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

Part I—Interpretation

2Definitions

2AAMeaning of public body and public officer

2AObjectives

Part II—The Ombudsman

3Appointment of Ombudsman

4Suspension of Ombudsman

5Salary, allowances and leave of absence

6Acting Ombudsman

7Staff

8Application of Public Administration Act 2004

9Superannuation

10Oath or affirmation

11Delegation

12Restriction on other employment

Part III—Functions and jurisdiction of the Ombudsman

13Principal functions of the Ombudsman

13AAOther functions of the Ombudsman

13ABOmbudsman not to prejudice legal proceedings or investigations

13ACCourt Services Victoria

Part IIIA—Enquiries

13AConducting of enquiries

13BCommunication of information to complainant

Part IIIAB—Review of complaint practices and procedures

13CApplication of Part

13DReview of complaint practices and procedures of an authority

Part IIIAC—Alternative dispute resolution of complaints

13EDefinition

13FApplication of Part

13GAlternative dispute resolution of complaints

13HOutcome of alternative dispute resolution

Part IV—Investigations

Division 1—Complaints generally

14Making a complaint

15How the Ombudsman is to deal with certain complaints

15AOmbudsman may refuse to deal with certain complaints

15BInvestigation of complaints

Division 1A—Public interest complaints

15COmbudsman must investigate public interest complaints

15DOmbudsman must refuse to investigate certain public interest complaints

15EOmbudsman may refuse to investigate certain public interest complaints

15FPerson who made public interest complaint to be informed of refusal to investigate

Division 2—Parliamentary complaints

16Investigations referred by Parliament

Division 2A—Own motion investigations

16AOmbudsman may conduct own motion investigation

Division 2B—Referred complaints and matters

16BWhat are referred complaints and referred matters?

16CDealing with referred complaints

16DDealing with referred matters

Division 2C—Mandatory notifications by the Ombudsman

16ENotification to IBAC

16FNotification to Integrity Oversight Victoria

16GNotification to Information Commissioner

Division 2D—Referrals by the Ombudsman

16HApplication of Division

16IOmbudsman may refer complaints

16IAOmbudsman may refer a complaint to an authority

16JNotice of referral

16KConsultation prior to referral

Division 3—Conduct of investigations

17Procedure relating to investigations

18Witness summons

18AService of witness summons

18BVariation or revocation of witness summons

18CSupreme Court may order service by other means

18DOmbudsman to report to Integrity Oversight Victoria on issue of witness summons

18EWitness summons directed to person under 16 years

18FPower to take evidence on oath or affirmation

18GOffence to fail to comply with a witness summons

18HOffence to fail to take oath, make affirmation or answer question

18IFailure to comply with witness summons

18JOmbudsman may take statutory declaration

18KPrivileges in relation to witness summons and investigations

18LOffence for employers to take detrimental action against employees

18MLegal advice and representation

18NAdvance notice for voluntary appearances

18OVoluntary appearance of person under age of 16 years but of or over 10 years

18PFurther provisions relating to appearances

18QAudio or video recording of compulsory appearances

18RProtection of legal practitioners and witnesses at compulsory appearances

18SService of documents

19Deliberations of Ministers and Parliamentary committees not to be disclosed

19ACabinet information not to be disclosed—relevant public interest complaints

19BDeliberations of Parliamentary Committees not to be disclosed—relevant public interest complaints

19CConclusive certificates

19DDisclosure of information subject to legal professional privilege or client legal privilege—relevant public interest complaints

20Disclosing or taking advantage of information—transitional provision

20ACommunication of information to Commonwealth and State Ombudsmen

21Entry of premises

22Obstruction

22AAct applies equally to attendance in person or by audio or audio visual link

Division 4—Action on completion of investigations

23Procedure on completion of investigation

23AReport on investigation—relevant public interest complaints about members of Parliament

24Complainant or person who made relevant public interest complaint to be informed of result of investigation

Part IVA—Budget, annual plan and performance audit

24ABudget

24BAnnual plan

24CTransmission of annual plan to Parliament

24DIndependent performance audit

24EReport of independent performance auditor

Part V—Annual and other reports

25Annual and other reports to Parliament

25AATransmission of sections 23(6) and 25 reports to Parliament

25AABAdvance copy of sections 23(6) and 25 reports to Parliament

25ABTransmission of section 16 reports

25AContent of reports

25BPersons who receive proposed or draft reports or information in them

Part VA—Confidentiality

Division 1—Confidentiality requirements for Ombudsman officers

26AUnauthorised disclosure

26BTaking advantage of information

Division 2—Confidentiality notices

26CConfidentiality notice

26DExtension of confidentiality notice

26EOmbudsman to provide Integrity Oversight Victoria with copies

26FDisclosure subject to confidentiality notice

Part VAB—Information sharing

26FBDisclosure of information by the Ombudsman

26FCDisclosure of information for specified purposes

Part VB—Oversight of the Ombudsman

26GOversight by Integrity Oversight Victoria

26HOversight by Integrity and Oversight Committee

26IPowers and procedures of Integrity and Oversight Committee

Part VI—Miscellaneous

27Application to Supreme Court

28Letters by persons in custody etc. to be forwarded immediately to the Ombudsman

29Protection of the Ombudsman and officers of the Ombudsman

29AExemption from Freedom of Information Act 1982

29BEvidence

30Penalties

30ASupreme Court—limitation of jurisdiction

31Regulations

32Administration of Act

Part VII—Saving and transitional provisions

33Validity of certain actions taken by Ombudsman

34Transitional provision—complaints under the Freedom of Information Act 1982

35Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012

36Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019

37Transitional provisions—Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024

Schedules

Schedule 1—Specified entities

Schedule 2—Exempt persons and bodies

Schedule 3—Persons and bodies to whom or which the Ombudsman may refer complaints

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 121

Ombudsman Act 1973

No. 8414 of 1973

Version incorporating amendments as at

10 February 2025

An Act to provide for the Appointment in Victoria of an Ombudsman with Power to investigate Administrative Actions taken by or on behalf of Government Departments and other Authorities, and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Ombudsman Act 1973.

(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

*                *                *                *                *

PART I—INTERPRETATION

2Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

*                *                *                *                *

*                *                *                *                *

Acting Ombudsman means an Acting Ombudsman appointed under section 6;

administrative action means any action relating to a matter of administration, and includes—

(a)a decision and an act;

(b)the refusal or failure to take a decision or to perform an act;

(c)the formulation of a proposal or intention; and

(d)the making of a recommendation (including a recommendation made to a Minister);

Administrative Office has the meaning given by section 4(1) of the Public Administration Act 2004;

aggrieved person has the meaning given in section 14(1)(a);

assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

Auditor-General means the Auditor-General appointed under section 94A of the Constitution Act 1975;

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

authority means—

(a)a Department;

(b)an Administrative Office;

(ba)Court Services Victoria;

(bb)a public body;

(c)a specified entity—

but does not include an exempt person or body or a Councillor of a Council;

Cabinet information means—

(a)a document that is an exempt document under section 28 of the Freedom of Information Act 1982; or

(b)information that if it were in the form of a document would be a document referred to in paragraph (a);

cancellation notice means a notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3) cancelling a confidentiality notice;

Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

complainant means a person who makes a complaint;

complaint means a complaint under section 14;

compulsory appearance means the appearance of a person before the Ombudsman in accordance with a witness summons;

confidentiality notice means a notice issued by the Ombudsman under section 26C(1);

coroner has the meaning given in section 3(1) of the Coroners Act 2008;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Council has the meaning given in section 3(1) of the Local Government Act 2020;

Councillor has the meaning given in section 3(1) of the Local Government Act 2020;

Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014;

Department has the meaning given by section 4(1) of the Public Administration Act 2004;

*                *                *                *                *

disciplinary process or action has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (2).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

exempt person or body means a person or body specified in Schedule 2;

*                *                *                *                *

*                *                *                *                *

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

IBAC Officer has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel has the meaning given in section 3(1) of the Integrity Oversight Victoria Act 2011;

Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

Integrity and Oversight Committee means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003;

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011;

Judicial Commission has the same meaning as in Part IIIAA of the Constitution Act 1975;

legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;

Mayor means a person elected to be the Mayor of a Council in accordance with the Local Government Act 2020;

member of Ombudsman staff means any of the following—

(a)an employee referred to in section 7;

(b)a person seconded to the office of the Ombudsman;

(c)a person otherwise engaged to provide services to or assist the Ombudsman in the performance of the Ombudsman's functions;

member of Victoria Police personnel has the meaning given in section 3(1) of the Victoria Police Act 2013;

*                *                *                *                *

office of the Ombudsman means the office in respect of which the Ombudsman has the functions of public service body Head under section 16 of the Public Administration Act 2004;

Ombudsman officer means any of the following—

(a)the Ombudsman;

(b)the Acting Ombudsman;

(c)a member of Ombudsman staff;

Ombudsman premises means any premises or part of premises occupied by the office of the Ombudsman or an Ombudsman officer, other than residential premises;

own motion investigation means an investigation by the Ombudsman under section 16A;

Parliamentary Committee means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

*                *                *                *                *

*                *                *                *                *

police personnel conduct has the meaning given in section 5 of the Independent Broad-based Anti-corruption Commission Act 2011;

police personnel misconduct has the same meaning as it has in section 3(1) of the Independent Broad-based Anti‑corruption Commission Act 2011;

presiding officer means the Ombudsman officer before whom a person is appearing at a compulsory appearance or voluntary appearance;

principal officer means—

(a)in relation to a Department, the Department Head of the Department within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Department Head;

(b)in relation to an Administrative Office, the Administrative Office Head of the Administrative Office within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Administrative Office Head;

(ba)in relation to Court Services Victoria, the Chief Executive Officer within the meaning of the Court Services Victoria Act 2014;

(c)in relation to a specified entity, the person (if any) specified in column 2 of Schedule 1 opposite the specified entity;

(ca)in relation to a public statutory body, the chairperson or presiding member of the public statutory body;

(d)in relation to a member of the teaching service, the Secretary within the meaning of the Education and Training Reform Act 2006;

(e)in relation to a State funded residential care service, the chief executive officer of the service;

(f)in relation to a person or body prescribed to be a public interest disclosure entity, the person prescribed as the principal officer for that person or body;

*                *                *                *                *

*                *                *                *                *

public body has the meaning given by section 2AA;

public interest complaint means a disclosure determined to be a public interest complaint under section 26 of the Public Interest Disclosures Act 2012 and that is referred to the Ombudsman by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011;

public interest disclosure entity means—

(a)a member of Parliament, including a member in their capacity as a Minister of the Crown or a Parliamentary Secretary;

(b)a Councillor;

(c)a member of the teaching service within the meaning of the Education and Training Reform Act 2006;

(d)a State funded residential care service within the meaning of the Health Services Act 1988;

(e)a prescribed person or body;

Public Interest Monitor has the meaning given in section 4 of the Public Interest Monitor Act 2011;

public officer has the meaning given by section 2AA;

public statutory body means—

(a)a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or

(b)a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister; or

(c)a company all the shares or a majority of the shares in which are held by the State or an authority;

referred complaint has the meaning given in section 16B(1);

referred matter has the meaning given in section 16B(2);

*                *                *                *                *

relevant public interest complaint means a public interest complaint that the Ombudsman is required to investigate under section 15C;

responsible Minister means—

(a)in relation to a Department, the Minister responsible for the Department;

(b)in relation to an Administrative Office, the Minister responsible for the Administrative Office;

(ba)in relation to Court Services Victoria, the Attorney-General;

(c)in relation to a specified entity, the Minister (if any) specified in column 3 of Schedule 1 opposite the specified entity;

(ca)in relation to a public statutory body—

(i)in the case of a public statutory body that is established by or under an Act—the Minister administrating the provision of the Act under which the public statutory body is constituted or established; or

(ii)in any other case—the Minister responsible for the public statutory body;

(d)in relation to a Councillor, the Minister administering Part 2 of the Local Government Act 2020;

(e)in relation to a member of the teaching service, the Minister administering Part 2.4 of the Education and Training Reform Act 2006;

(f)in relation to a State funded residential care service, the Minister administering section 6 of the Health Services Act 1988;

(g)in relation to a prescribed person or body as a public interest disclosure entity, the Minister prescribed as the responsible Minister for that person or body;

restricted matter means—

(a)any evidence or information given to, or obtained by, the Ombudsman;

(b)the contents of any document, or a description of any thing, produced by a person, or obtained by the Ombudsman, at a compulsory appearance or a voluntary appearance;

(c)the contents of any document, or a description of any thing, which has been inspected under section 21;

(d)the existence of, or any information about, a confidentiality notice or a witness summons;

(e)the subject matter of an investigation in relation to which—

(i)a witness summons has been issued; or

(ii)a person has appeared, or has been requested to appear, at a voluntary appearance;

(f)any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance, to be identified or located;

(g)the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance;

(h)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(i)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(j)the fact that the Ombudsman intends to conduct an investigation on a public interest disclosure;

specified entity means a person or body specified in column 1 of Schedule 1;

spouse of a person means a person to whom the person is married;

State Trustees means the company described as State Trustees in the State Trustees (State Owned Company) Act 1994 while that company is a company a majority of shares in which is held by or on behalf of the State.

VAGO officer has the meaning given in section 3(1) of the Audit Act 1994;

Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994;

Victorian court means—

(a)the Supreme Court;

(b)the County Court;

(c)the Magistrates' Court;

(d)the Children's Court;

(e)the Coroners Court;

*                *                *                *                *

voluntary appearance means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this Act or any other Act, other than a compulsory appearance;

witness summons means a summons issued by the Ombudsman under section 18(1);

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as it has in the Relationships Act2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

*                *                *                *                *

*                *                *                *                *

(3)In this Act, a reference to a person who made a public interest complaint or to a person who made a relevant public interest complaint is a reference to a person who made a disclosure that was determined to be a public interest complaint under section 26 of the Public Interest Disclosures Act 2012.

2AAMeaning of public body and public officer

(1)In this Act—

public body means, subject to this section—

(a)a public sector body within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)a body, whether corporate or unincorporated, established by or under an Act for a public purpose, including a university; or

(c)a body that is performing a public function on behalf of the State or a public body or a public officer (whether under contract or otherwise); or

(d)any other prescribed entity;

public officer means, subject to this section—

(a)a person employed in any capacity or holding any office in the public sector within the meaning of the Public Administration Act 2004; or

(b)a person to whom a provision of the Public Administration Act 2004 applies as a result of the application of Part 7 of that Act; or

(c)a member of Council staff employed under the Local Government Act 2020; or

(d)the holder of any other statutory office (within the meaning of the Public Administration Act 2004) or a prerogative office (within the meaning of the Public Administration Act 2004); or

(e)any other person in the service of the Crown or a public body; or

(f)a person that is performing a public function on behalf of the State or a public body or a public officer (whether under contract or otherwise); or

(g)an employee of, or any person otherwise engaged by, or acting on behalf of, or acting as a deputy or delegate of, a public body or a public officer; or

(h)a prescribed person or class of persons.

(2)The following are not a public body or a public officer for the purposes of this Act—

(a)the Ombudsman;

(b)a member of Ombudsman staff;

(c)a court;

(d)an exempt person or body.

(3)In determining whether a person or body is performing a public function, any of the following factors may be taken into account—

(a)whether the function is conferred on the body or person by or under a statutory provision;

(b)whether the function is of a regulatory nature;

(c)whether the body is publicly funded to perform the function.

(4)To avoid doubt—

(a)the factors listed in subsection (3) are not exhaustive of the factors that may be taken into account in determining whether a body is performing a public function; and

(b)the fact that one or more of the factors set out in subsection (3) are present in relation to a function does not necessarily mean that function is a public function.

2AObjectives

The objectives of this Act are—

(a)to provide a timely, efficient, effective, flexible and independent means of resolving complaints about administrative action of authorities; and

(b)to provide for the identification, investigation, exposure and prevention of maladministration; and

(c)to assist in the identification, investigation, exposure and prevention of improper conduct and corrupt conduct; and

(d)to assist in improving the quality of administration and complaint handling practices and procedures of authorities; and

(e)to facilitate the education of the Victorian community and the public sector about matters relating to the functions of the Ombudsman.

PART II—THE OMBUDSMAN

3Appointment of Ombudsman

(1)There shall be appointed a Commissioner for Administrative Investigations, to be called the Ombudsman.

(2)The Ombudsman shall be appointed by the Governor in Council and shall hold office in accordance with this Act.

(3)The Ombudsman shall not be a Member of Parliament of Victoria or of the Commonwealth or any other State.

(4)Subject to this Act, the Ombudsman holds office for a term of 10 years, and is not eligible to be re‑appointed.

(5)The Ombudsman ceases to hold office if the Ombudsman—

(a)resigns in writing and the resignation is accepted by the Governor in Council; or

(b)is removed from office upon the presentation of an address of both Houses of the Parliament praying for the Ombudsman's removal from office; or

(c)is suspended from office under section 4 and is not restored to office; or

(d)nominates for election for either House of the Parliament of Victoria or of any other State or Territory.

4Suspension of Ombudsman

(1)The Governor in Council may at any time when Parliament is not in session suspend the Ombudsman from office on the ground of disability, bankruptcy, neglect of duty or misconduct or on any other ground which in the opinion of the Governor in Council makes the Ombudsman unfit to be the Ombudsman.

(2)The Ombudsman so suspended shall be restored to office unless—

(a)a statement setting out the grounds of suspension is laid before each House of Parliament during the first seven sitting days of that House following the suspension; and

(b)each House of Parliament within 20 sitting days of the statement being so laid passes an address praying for the Ombudsman to be removed from office.

5Salary, allowances and leave of absence

(1)The Ombudsman shall be paid—

(a)a salary at such rate as is fixed from time to time by the Governor in Council; and

(b)such travelling and other allowances as are fixed from time to time by the Governor in Council.

(2)The rate of salary paid to the Ombudsman shall not be reduced during the Ombudsman's term of office without the Ombudsman's consent in writing.

(3)The Ombudsman shall be entitled to such leave of absence as the Governor in Council from time to time determines.

(4)The salary and allowances payable to the Ombudsman shall be paid out of the Consolidated Fund, which to the necessary extent is appropriated accordingly.

6Acting Ombudsman

(1)The Governor in Council may appoint an Acting Commissioner of Administrative Investigations, to be called the Acting Ombudsman during the temporary absence or suspension of the Ombudsman or during any vacancy in the office of Ombudsman, and may at any time revoke such appointment.

(2)The Acting Ombudsman shall, while so acting, have all the powers and may exercise any of the functions of the Ombudsman as if the Acting Ombudsman were the Ombudsman.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

7Staff

Any employees that are necessary to enable the functions of the Ombudsman to be properly carried out may be employed under the Public Administration Act 2004.

8Application of Public Administration Act 2004

(1)A person who is the Ombudsman or Acting Ombudsman is not, in respect of the office of Ombudsman or Acting Ombudsman, subject to the Public Administration Act 2004.

(2)A person who is the Ombudsman or Acting Ombudsman and who, immediately before their appointment as such was an employee in the public service—

(a)is eligible to be employed in the public service at the termination of their office as the Ombudsman or Acting Ombudsman with a classification and emolument corresponding with or higher than that which the person last held or received in the public service immediately before their appointment as the Ombudsman or Acting Ombudsman as if their service as the Ombudsman or Acting Ombudsman had been service in the public service; and

(b)for the purposes of long service leave, is to be taken to continue to be an employee in the public service while the person was Ombudsman or Acting Ombudsman.

9Superannuation

(1)A person who is the Ombudsman or Acting Ombudsman or an employee of the Ombudsman and who immediately before their appointment as such was an officer within the meaning of the State Superannuation Act 1988 or of any corresponding previous enactment shall, subject to that Act, continue during their term of office as the Ombudsman or Acting Ombudsman or an employee of the Ombudsman to be an officer within the meaning of that Act.

(2)A person who is the Ombudsman and who immediately before appointment as the Ombudsman was not an employee in the public service may elect to be a contributor to a pension scheme determined by the Governor in Council after consideration of a report by the Secretary to the Department of Treasury and Finance.

10Oath or affirmation

(1)Before the Ombudsman or Acting Ombudsman performs any of the duties of office of Ombudsman, the Ombudsman or Acting Ombudsman must take an oath or make an affirmation that they—

(a)will faithfully and impartially perform the duties of office of Ombudsman; and

(b)will not divulge, except according to law, any information received in the performance of those duties.

(2)Before a member of Ombudsman staff performs any duties as a member of Ombudsman staff, the member must take an oath or make an affirmation that the member—

(a)will faithfully and impartially perform their duties as a member of Ombudsman staff; and

(b)will not divulge, except according to law, any information received in the performance of those duties.

(3)The oath or affirmation is to be administered by—

(a)the Speaker of the Legislative Assembly, in the case of the Ombudsman or Acting Ombudsman;

(b)the Ombudsman or Acting Ombudsman, in the case of a member of Ombudsman staff.

11Delegation

(1)The Ombudsman or the Acting Ombudsman may, by instrument in writing, delegate all or any of the powers or functions of the Ombudsman (except this power of delegation) under this or any other Act to any person, and may in like manner revoke or vary such delegation.

(2)A person to whom any such powers or functions have been delegated may exercise or perform those powers and functions so long as they are not revoked.

(3)The delegation of any powers or functions shall not affect the exercise of those powers or functions by the Ombudsman or, where applicable, by the Acting Ombudsman.

*                *                *                *                *

12Restriction on other employment

(1)The Ombudsman or Acting Ombudsman must not, without the consent of the Governor in Council, engage in any paid employment outside the duties of their office as Ombudsman or Acting Ombudsman.

(2)An employee referred to in section 7 must not, without the consent of the Ombudsman, engage in any paid employment outside the duties of their employment in the office of the Ombudsman.

PART III—FUNCTIONS AND JURISDICTION OF THE OMBUDSMAN

13Principal functions of the Ombudsman

(1)The principal functions of the Ombudsman are—

(a)to resolve complaints about administrative action taken by or in an authority, other than administrative action that—

(i)appears to involve corrupt conduct (unless it is an administrative action referred to in paragraph (c)); or

(ii)is taken under the Freedom of Information Act 1982; and

(b)to enquire into or investigate administrative action referred to in paragraph (a); and

(c)to enquire into or investigate administrative action taken by or in an authority that appears to involve corrupt conduct on a referral from the IBAC under Division 5 of Part 3 of the Independent Broad-based Anti‑corruption Commission Act 2011; and

(d)to investigate public interest complaints referred to in section 15C.

(2)The functions of the Ombudsman under subsection (1)(b) and (c) include the function to enquire into or investigate—

(a)whether the relevant administrative action is incompatible with a human right set out in the Charter of Human Rights and Responsibilities Act 2006; and

(b)if the administrative action involves a decision, whether there was a failure to give proper consideration to a relevant human right set out in the Charter of Human Rights and Responsibilities Act 2006.

(3)Without limiting the Ombudsman's principal functions under this section, the Ombudsman may enquire into or investigate administrative action that is taken by a person or body (other than an authority or an exempt person or body)—

(a)on behalf of an authority; or

(b)under a power or function that is conferred on the person or body by an authority; or

(c)as a result of instructions given by an authority.

(4)Nothing under this section authorises the Ombudsman to enquire into or investigate the merits of a decision made by a person or body referred to in subsection (3).

*                *                *                *                *

13AA   Other functions of the Ombudsman

(1)In addition to the principal functions of the Ombudsman under section 13(1), the Ombudsman has the following functions—

(a)to review the complaint practices and procedures of authorities;

(b)to provide education and training to the Victorian community and the public sector about matters relating to the functions of the Ombudsman;

(c)to promote improved public sector administration;

(d)any other function conferred by or under this Act or any other Act.

(2)To avoid doubt, nothing in this Act authorises or requires the Ombudsman to enquire into or investigate anything done or omitted to be done by an exempt person or body.

13ABOmbudsman not to prejudice legal proceedings or investigations

(1)The Ombudsman must not perform the functions or duties or exercise the powers of the Ombudsman in a manner that would prejudice any—

(a)criminal proceedings or criminal investigations; or

(b)investigations by the IBAC or Integrity Oversight Victoria.

(2)For the purposes of ensuring compliance with subsection (1), the Ombudsman may consult any of the following—

(a)the Director of Public Prosecutions;

(b)the Chief Commissioner of Police;

(c)the IBAC;

(d)Integrity Oversight Victoria.

13AC Court Services Victoria

(1)Despite anything to the contrary in Schedule 2, Court Services Victoria is not an exempt body.

(2)In performing the functions or duties or exercising the powers of the Ombudsman in relation to Court Services Victoria, the Ombudsman must not—

(a)interfere with the exercise of the jurisdiction of a court or VCAT; or

(b)direct a court or VCAT as to the manner or outcome of the exercise of its judicial function in any particular case or any other judicial or quasi-judicial function.

(3)The Ombudsman or a member of Ombudsman staff must not, pursuant to section 21, enter a court or tribunal hearing room in the course of the hearing of a matter, except with the agreement of the presiding judicial officer.

(4)The Ombudsman or a member of Ombudsman staff must not require a judicial member of the Courts Council or a member of the staff of Court Services Victoria—

(a)to provide any information (including answering any question); or

(b)to produce any document—

to the extent that the information or document concerns the exercise of a judicial or quasi‑judicial function by a court, VCAT or a person specified in clause 7 of Schedule 2 or by any person exercising the function on behalf of a court or VCAT.

(5)Despite subsection (4), the Ombudsman or a member of Ombudsman staff may require a member of the staff of Court Services Victoria to provide information or documents in a matter that relates to the exercise of a judicial or quasi-judicial function if the relevant head of the jurisdiction has approved the provision of such information or documents, subject to any conditions agreed between the relevant head of the jurisdiction and the Ombudsman.

(6)In this section—

Courts Council means the Courts Council established under section 10 of the Court Services Victoria Act 2014;

member of the staff, of Court Services Victoria has the same meaning as it has in section 3 of the Court Services Victoria Act 2014.

PART IIIA—ENQUIRIES

13AConducting of enquiries

(1)The Ombudsman may conduct an enquiry for the purpose of determining whether—

(a)an investigation under this Act should be conducted; or

(b)the matter (other than a public interest complaint) may be resolved informally.

(2)The Ombudsman may conduct an enquiry either an own motion or as a consequence of a complaint under section 14, a referred complaint or a referred matter.

(3)The principal officer of an authority or a public interest disclosure entity (if any) must assist the Ombudsman in the conduct of an enquiry.

(4)A person who is under the age of 16 years but of or over the age of 10 years may voluntarily provide information to the Ombudsman during an enquiry.

13BCommunication of information to complainant

Section 24 applies to—

(a)information obtained or received in the course or as a result of an enquiry under this Act; and

(b)the result of an enquiry under this Act and any recommendations made—

as if the enquiry were an investigation under this Act.

PART IIIAB—REVIEW OF COMPLAINT PRACTICES AND PROCEDURES

13CApplication of Part

(1)This Part does not apply to complaint practices and procedures of an authority taken under the Freedom of Information Act 1982.

(2)This Part does not apply to the complaint practices and procedures and complaint functions of the Information Commissioner.

13DReview of complaint practices and procedures of an authority

(1)The Ombudsman may conduct a review of the complaint practices and procedures of an authority—

(a)on the Ombudsman's own motion; or

(b)in response to a complaint.

(2)After conducting the review, the Ombudsman may, for the purpose of improving the complaint practices and procedures of the authority—

(a)make recommendations to the authority; and

(b)provide education and training or other assistance to the authority.

(3)The principal officer of the authority must assist the Ombudsman in the conduct of the review.

(4)The powers of the Ombudsman under Division 3 of Part IV do not apply to the review.

(5)A review under this section does not prevent the Ombudsman from conducting an own motion investigation in relation to the complaint practices and procedures of an authority.

PART IIIAC—ALTERNATIVE DISPUTE RESOLUTION OF COMPLAINTS

13EDefinition

In this Part, alternative dispute resolution includes conciliation and mediation.

13FApplication of Part

This Part does not apply to—

(a)a public interest complaint; or

(b)a parliamentary complaint under section 16; or

(c)a complaint referred to the Ombudsman by IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 where the conduct that is the subject matter of the complaint appears to involve corrupt conduct.

13GAlternative dispute resolution of complaints

(1)The Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may, at any time, as part of an enquiry or an investigation of a complaint under section 15B, attempt to resolve the complaint by alternative dispute resolution in accordance with this Part.

(2)The Ombudsman may authorise a conciliator or a mediator to mediate or conciliate the complaint under this Part.

(3)Alternative dispute resolution must be conducted in private and in a manner that the Ombudsman thinks fit.

(4)Participation by a party in alternative dispute resolution is voluntary and any party may withdraw from the alternative dispute resolution at any time.

(5)A person who is under the age of 16 years but of or over the age of 10 years and accompanied by a parent or guardian or independent person may voluntarily participate in alternative dispute resolution.

(6)The powers of the Ombudsman under Division 3 of Part IV do not apply to alternative dispute resolution conducted under this Part.

(7)The Ombudsman or a member of Ombudsman staff may terminate alternative dispute resolution at any time.

(8)The principal officer of an authority is not required to assist the Ombudsman or a member of Ombudsman staff during alternative dispute resolution however the principal officer may voluntarily participate in the alternative dispute resolution.

(9)Any information provided or anything done by a party during alternative dispute resolution under this Part is not admissible in evidence in any proceeding before a court or tribunal where the proceeding relates to the subject matter of the complaint.

(10)For the purposes of this section, an independent person is—

(a)a person nominated by, or who is acceptable to, the person referred to in subsection (5); or

(b)if no person has been nominated by, or is acceptable to, the person referred to in subsection (5), a person chosen by the Ombudsman who—

(i)is not involved in the subject matter of the enquiry or investigation; and

(ii)where practicable, is—

(A)involved in the care or supervision of the person referred to in subsection (5); and

(B)of the same gender as the person referred to in subsection (5) or, if the person identifies as being of a particular gender, of that gender.

13HOutcome of alternative dispute resolution

(1)If the Ombudsman considers that a complaint is resolved by alternative dispute resolution under this Part, the Ombudsman may decide that the complaint is resolved informally under this Act.

(2)If the Ombudsman considers that a complaint is unable to be resolved by alternative dispute resolution under this Part—

(a)the Ombudsman may decide that the complaint is to be treated as if the alternative dispute resolution did not occur; and

(b)the Ombudsman may decide—

(i)to conduct or to continue conducting enquiries on the complaint under section 13A; or

(ii)to discontinue conducting enquiries on the complaint under section 13A; or

(iii)not to deal with the complaint in accordance with section 15 or 15A; or

(iv)to refer the complaint under section 16I or 16IA; or

(v)to conduct or to continue conducting an investigation on the complaint under section 15B; or

(vi)to discontinue conducting an investigation on the complaint under section 15B.

(3)If the Ombudsman decides to conduct or continue conducting an enquiry under section 13A or to conduct or continue conducting an investigation under section 15B, the Ombudsman must not, without the consent of the parties to the alternative dispute resolution—

(a)use in the enquiry or the investigation information obtained during the alternative dispute resolution; or

(b)involve in the conduct of the enquiry or the investigation any member of Ombudsman staff who was involved in the alternative dispute resolution.

PART IV—INVESTIGATIONS

Division 1—Complaints generally

14Making a complaint

(1)The following persons may make a complaint to the Ombudsman about an administrative action taken by or in an authority—

(a)a person or body of persons affected by the administrative action (an aggrieved person); or

(b)a member of Parliament acting on behalf of an aggrieved person; or

(c)if an aggrieved person has died, a person who the Ombudsman considers is suitable to represent the deceased person; or

(d)if the Ombudsman considers that an aggrieved person is unable to act for themselves, a person who the Ombudsman considers is suitable to represent the aggrieved person; or

(e)any other person if, having regard to all the circumstances, the Ombudsman considers it is appropriate to deal with the complaint.

(1A)For the purposes of subsection (1), administrative action taken by or in an authority includes administrative action that is taken by a person or body (other than an authority or an exempt person or body)—

(a)on behalf of an authority; or

(b)under a power or function that is conferred on the person or body by an authority; or

(c)as a result of instructions given by an authority.

(2)If a complaint to the Ombudsman is not made in writing, the Ombudsman may require the complainant to provide a written statement in the form (if any) specified by the Ombudsman—

(a)confirming that the complainant wants the Ombudsman to consider the complaint; and

(b)specifying the details of the complaint.

(3)The Ombudsman may deal with a complaint even if, on the face of it, the complaint does not refer to an administrative action taken by or in an authority if the Ombudsman considers there is a likelihood that the cause for complaint arose from such an action.

15How the Ombudsman is to deal with certain complaints

(1)The Ombudsman must not deal with a complaint that involves police personnel conduct, other than to notify the IBAC under Division 2C.

(1A)Subject to subsection (1B), the Ombudsman must not deal with a complaint that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or Integrity Oversight Victoria under Division 2C.

(1B)If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter involving corruptconduct or to refer it to another body, theOmbudsman must not continue to deal with acomplaint that involves the matter or continue toconduct an investigation in relation to the matter unless—

(a)the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or

(b)where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti‑corruption Commission Act 2011, to the extent of the referral; or

(c)the IBAC completes or discontinues its investigation into the matter.

(2)The Ombudsman must refuse to deal with a complaint about administrative action that is taken under the Freedom of Information Act 1982 other than, if it could be made the subject of a complaint under Part VIA of that Act, to notify the Information Commissioner under Division 2C.

(3)The Ombudsman must refuse to deal with a complaint if dealing with it would be contrary to section 13AB.

(4)The Ombudsman must refuse to deal with a complaint relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice.

(5)If the Ombudsman considers that a complainant has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances—

(a)it would not be reasonable to expect or have expected the complainant to exercise that right; or

(b)the matter merits investigation to avoid injustice.

(6)If the Ombudsman considers that a complainant has or had a remedy by taking proceedings in a court, the Ombudsman must refuse to deal with the complaint unless the Ombudsman considers that in the particular circumstances—

(a)it would not be reasonable to expect or have expected the complainant to take those proceedings; or

(b)the matter merits investigation to avoid injustice.

15AOmbudsman may refuse to deal with certain complaints

(1)The Ombudsman may refuse to deal with a complaint if the Ombudsman considers—

(a)the subject-matter of the complaint is trivial; or

(b)the complaint is frivolous or vexatious or is not made in good faith; or

(c)the complaint lacks substance or credibility; or

(ca)that dealing, or continuing to deal with the complaint is unnecessary or unjustifiable, having regard to all the circumstances of the case; or

(d)the subject-matter of the complaint has already been investigated or otherwise dealt with by—

(i)an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act2011; or

(ii)any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(2)The Ombudsman may refuse to deal with a complaint if the complainant—

(a)made the complaint more than 12 months after becoming aware of the administrative action; and

(b)fails to give a satisfactory explanation for the delay in making the complaint.

(3)The Ombudsman may refuse to deal with a complaint if the complainant fails to comply with a requirement made under section 14(2).

15BInvestigation of complaints

Subject to sections 15 and 15A, the Ombudsman may conduct an investigation under this Act on a complaint.

Division 1A—Public interest complaints

15COmbudsman must investigate public interest complaints

Subject to sections 15D, 15E and 17, the Ombudsman must conduct an investigation under this Act on a public interest complaint about—

(a)conduct by or in an authority or a public interest disclosure entity; or

(b)conduct of any person affecting or seeking to affect conduct by or in an authority or a public interest disclosure entity; or

(c)conduct of any person that could constitute a conspiracy or attempt to engage in conduct referred to in section 4(1)(a), (b) or (c) of the Public Interest Disclosures Act 2012 in relation to conduct by or in an authority or a public interest disclosure entity.

15DOmbudsman must refuse to investigate certain public interest complaints

(1)The Ombudsman must refuse to conduct an investigation on a public interest complaint if conducting the investigation would be contrary to section 13AB.

(2)The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that—

(a)the authority or public interest disclosure entity or a member, officer or employee of the authority or public interest disclosure entity has engaged, is engaging or proposes to engage in improper conduct; or

(b)the authority or public interest disclosure entity or a member, officer or employee of the authority or public interest disclosure entity has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012.

(2A)The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct of any person affecting or seeking to affect conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that improper conduct within the meaning of section 4(1)(c) of the Public Interest Disclosures Act 2012 has been, is being or is proposed to be engaged in.

(2B)The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct of any person that could constitute a conspiracy or attempt to engage in conduct referred to in section 4(1)(a), (b) or (c) of the Public Interest Disclosures Act 2012 in relation to conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that improper conduct within the meaning of section 4(1)(d) of that Act has been, is being or is proposed to be engaged in.

(3)In this section, improper conduct has the meaning given in section 4 of the Public Interest Disclosures Act 2012.

15EOmbudsman may refuse to investigate certain public interest complaints

(1)The Ombudsman may refuse to conduct an investigation on a public interest complaint if the Ombudsman considers—

(a)the subject-matter of the public interest complaint is trivial; or

(b)the public interest complaint is frivolous or vexatious; or

(c)the public interest complaint lacks substance or credibility; or

(ca)the conduct which is the subject of the public interest complaint does not amount to improper conduct; or

(cb)the conduct which is the subject of the public interest complaint does not amount to detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012; or

(d)the subject-matter of the public interest complaint has already been investigated or otherwise dealt with by—

(i)an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or

(ii)any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

(2)The Ombudsman may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint—

(a)made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and

(b)fails to give a satisfactory explanation for the delay in making the disclosure.

15FPerson who made public interest complaint to be informed of refusal to investigate

If the Ombudsman refuses to conduct an investigation on a public interest complaint, the Ombudsman, within a reasonable time after receiving the public interest complaint from the IBAC, must inform the person who made the public interest complaint of—

(a)the refusal to conduct the investigation; and

(b)the reason for that refusal.

Division 2—Parliamentary complaints

16Investigations referred by Parliament

(1)At any time—

(a)the Legislative Council or a committee of the Legislative Council;

(b)the Legislative Assembly or a committee of the Legislative Assembly; or

(c)a joint committee of both Houses of Parliament—

may refer to the Ombudsman for investigation and report any matter, other than a matter concerning a judicial proceeding, which that House or committee considers should be investigated by the Ombudsman.

(2)Where a matter is referred to the Ombudsman pursuant to subsection (1), the Ombudsman shall, notwithstanding anything to the contrary in this Act, forthwith investigate that matter and report thereon.

Note

Section 25AB provides for the manner of reporting.

*                *                *                *                *

Division 2A—Own motion investigations

16AOmbudsman may conduct own motion investigation

(1)Subject to section 13AB and this section, the Ombudsman may conduct an own motion investigation into any administrative action taken by or in an authority.

(2)Subject to subsection (2A), the Ombudsman must not conduct an own motion investigation into any administrative action that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or Integrity Oversight Victoria under Division 2C.

Note

See also section 16D.

(2A)If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter or to refer it to another body, the Ombudsman must not conduct, or continue to conduct, an own motion investigation into any administrative action that involves the matter unless—

(a)the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or

(b)where the IBAC refers the matter to another body under section 73 of the Independent Broad-based Anti‑corruption Commission Act 2011, to the extent of the referral; or

(c)the IBAC completes or discontinues its investigation into the matter.

(3)The Ombudsman must not conduct an own motion investigation into any administrative action that is taken under the Freedom of Information Act 1982.

(4)The Ombudsman must not conduct an own motion investigation into a matter relating to terms and conditions of employment of persons who are or were employed by or in an authority unless the Ombudsman considers that the matter merits investigation in order to avoid injustice.

(5)If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a right of appeal or referral to, or review by, a tribunal, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances—

(a)it would not be reasonable to expect or have expected the person to exercise that right; or

(b)the matter merits investigation to avoid injustice.

(6)If the Ombudsman considers that a person aggrieved by any administrative action taken by or in an authority has or had a remedy by taking proceedings in a court, the Ombudsman must not conduct an own motion investigation into the matter unless the Ombudsman considers that in the particular circumstances—

(a)it would not be reasonable to expect or have expected the person to take those proceedings; or

(b)the matter merits investigation to avoid injustice.

Division 2B—Referred complaints and matters

16BWhat are referred complaints and referred matters?

(1)For the purposes of this Act, a referred complaint is—

(a)a complaint within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 (other than a public interest complaint) referred to the Ombudsman by the IBAC under section 73 of that Act; or

(b)a complaint about any administrative action taken by or in an authority referred to the Ombudsman by another person or body (whether under an Act or otherwise); or

(c)a public interest complaint that the Ombudsman has refused to investigate under section 15D(2).

(2)For the purposes of this Act, a referred matter is—

(a)a notification within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 73 of that Act; or

(b)a matter referred, or information provided, to the Ombudsman (whether under an Act or otherwise) about any administrative action taken by or in an authority, but not including a matter referred to the Ombudsman under section 16.

16CDealing with referred complaints

(1)The Ombudsman may deal with a referred complaint if it could be made the subject of a complaint under section 14.

(2)The referred complaint is to be dealt with as if it were a complaint under section 14.

(3)Section 15(1) does not apply to a referred complaint that is a complaint within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 73 of that Act.

16DDealing with referred matters

(1)The Ombudsman may deal with a referred matter if the matter could be made the subject of an own motion investigation.

Note

Section 16A sets out the Ombudsman's power to conduct an own motion investigation.

(2)The referred matter is to be dealt with as if it were an own motion investigation.

(3)Section 16A(2) does not apply to a referred matter that is a notification within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 73 of that Act.

Division 2C—Mandatory notifications by the Ombudsman

16ENotification to IBAC

(1)Subject to any exemption notice issued under section 57B of the Independent Broad‑based Anti-corruption Commission Act 2011, the Ombudsman must notify the IBAC of the following—

(a)a complaint or referred matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred;

(b)a matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred, of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under this Act.

(2)If the Ombudsman notifies the IBAC of a complaint under subsection (1), the Ombudsman must advise the complainant that the complaint has been notified to the IBAC for assessment.

(3)Subsection (1) does not apply to anything referred to the Ombudsman by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011.

(4)If the Ombudsman considers at any time that anything referred to the Ombudsman by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act2011 appears to involve conduct that is corrupt conduct that the IBAC may not be aware of, the Ombudsman must inform the IBAC.

(4A)The Ombudsman must notify the IBAC under this section in the form agreed to in writing between the Ombudsman and the IBAC.

(5)This section does not apply to corrupt conduct of the IBAC or IBAC personnel.

(6)The Ombudsman is not required to notify the IBAC under this section of a complaint, referred matter or other matter that forms the subject of a disclosure that the Ombudsman has notified to the IBAC under section 21(2) of the Public Interest Disclosures Act 2012.

16FNotification to Integrity Oversight Victoria

(1)The Ombudsman must notify Integrity Oversight Victoria of any of the following—

(a)a complaint or referred matter that appears to involve misconduct of the IBAC or IBAC personnel;

(b)a complaint or referred matter that appears to involve misconduct (other than corrupt conduct) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner.

(2)The Ombudsman must notify Integrity Oversight Victoria of any matter relating to misconduct referred to in subsection (1)(a) or (b) of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or an investigation on a relevant public interest complaint or performing any other functions under this Act, if the Ombudsman considers that the matter is relevant to the performance of the functions of Integrity Oversight Victoria.

(3)If the Ombudsman notifies Integrity Oversight Victoria of a complaint under this section, the Ombudsman must inform the complainant in writing.

(4)The Ombudsman must notify Integrity Oversight Victoria under subsection (1) in the form agreed to in writing between the Ombudsman and Integrity Oversight Victoria.

(5)The Ombudsman is not required to notify Integrity Oversight Victoria under this section of a complaint, referred matter or other matter that forms the subject of a disclosure that the Ombudsman has notified to Integrity Oversight Victoria under section 21(2) of the Public Interest Disclosures Act 2012.

16GNotification to Information Commissioner

(1)The Ombudsman must notify the Information Commissioner of a complaint if the complaint could be made the subject of a complaint under Part VIA of the Freedom of Information Act 1982.

(2)If the Ombudsman notifies the Information Commissioner of a complaint under this section, the Ombudsman must advise the complainant that the complaint has been notified to the Information Commissioner to be dealt with under Part VIA of the Freedom of Information Act 1982.

Division 2D—Referrals by the Ombudsman

16HApplication of Division

(1)This Division does not apply to—

(a)a complaint that appears to involve corrupt conduct or police personnel conduct; or

(b)a complaint that appears to involve conduct of—

(i)the IBAC or IBAC personnel; or

(ii)an Ombudsman officer; or

(iii)a VAGO officer; or

(iv)the Chief Examiner or an Examiner; or

(c)a complaint about administrative action that is taken under the Freedom of Information Act 1982; or

(d)a complaint that is a referred complaint within the meaning of section 16B(1)(c).

(2)In this Division, a reference to a complaint is not limited to a complaint under section 14.

16IOmbudsman may refer complaints

The Ombudsman may refer a complaint to a person or body specified in Schedule 3 if, at any time, the Ombudsman considers that—

(a)the subject matter of the complaint is relevant to the performance of the duties and functions or the exercise of powers of the person or body; and

(b)it would be more appropriate for the complaint to be dealt with by the person or body rather than by the Ombudsman.

16IAOmbudsman may refer a complaint to an authority

The Ombudsman may refer a complaint to an authority to which the complaint relates if—

(a)the Ombudsman considers that—

(i)the complaint is relevant to the functions of the authority; and

(ii)it would be more appropriate for the complaint to be dealt with by the authority rather than by the Ombudsman; and

(b)the complainant consents to the referral.

16JNotice of referral

If the Ombudsman refers a complaint to a person or body under section 16I or 16IA, the Ombudsman—

(a)must advise the complainant that the complaint has been referred to the person or body; and

(b)may inform the following in writing—

(i)the principal officer (if any) of the authority to which the complaint relates; and

(ii)the responsible Minister for the authority to which the complaint relates; and

(iii)if the authority to which the complaint relates is a member of staff of a Council, the Mayor of the Council.

16KConsultation prior to referral

For the purposes of deciding whether to make a referral under this Division to a person or body, the Ombudsman may consult that person or body.

*                *                *                *                *

Division 3—Conduct of investigations

17Procedure relating to investigations

(1)Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation—

(a)the complainant or the person who made the relevant public interest complaint; and

(b)the principal officer (if any) of the authority or public interest disclosure entity to which the investigation relates; and

(c)the responsible Minister (if any) for the authority or public interest disclosure entity to which the investigation relates; and

(d)if the investigation relates to a member of staff of a Council or a Councillor, the Mayor of the Council.

*                *                *                *                *

(1B)The Ombudsman must not inform a person under subsection (1) if doing so would result in information being disclosed that—

(a)is likely to lead to the identification of a person who has made an assessable disclosure; and

(b)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

(2)Every investigation under this Act shall be conducted in private.

(3)The Ombudsman is not required to hold any hearing for the purposes of an investigation, and the Ombudsman may obtain information from such persons and in such manner as the Ombudsman thinks fit.

(4)If at any time during an investigation it appears to the Ombudsman that there may be grounds for making a report adverse to an authority or a public interest disclosure entity, the Ombudsman must, before making the report, give the principal officer (if any) of the authority or public interest disclosure entity the opportunity to comment on the subject-matter of the investigation.

(4A)If at any time during the course of an investigation on a relevant public interest complaint about a Councillor it appears to the Ombudsman that there may be grounds for making a report adverse to the Councillor, the Ombudsman must, before making the report, give the responsible Minister or the Mayor of the relevant Council the opportunity to comment on the subject-matter of the investigation.

(5)The Ombudsman may at any time during or after an investigation (other than an investigation on a relevant public interest complaint about a member of Parliament) consult a Minister who is concerned in the subject-matter of an investigation, and if a Minister so requests or the investigation relates to a recommendation made to a Minister, shall consult the Minister before forming an adverse opinion in relation to the administrative action concerned or, in case of an investigation of a relevant public interest complaint, an adverse opinion in relation to the conduct.

(5A)If an investigation relates to an administrative action taken by a member of staff of a Council or relates to a relevant public interest complaint about conduct of a Councillor or a member of staff of a Council, the Ombudsman—

(a)may, at any time during or after the investigation, consult the Mayor of the Council; and

(b)must, if the Mayor so requests or the investigation relates to a recommendation made to the Council, consult the Mayor before forming an adverse opinion in relation to the administrative action or conduct.

(6)If, during or after an investigation, the Ombudsman considers that there is evidence of a breach of duty or misconduct on the part of an authority or a public interest disclosure entity, or a member, officer or employee of an authority or a public interest disclosure entity, the Ombudsman must—

(a)report the matter to the principal officer (if any) of the authority or public interest disclosure entity; and

(b)send a copy of the report to the responsible Minister and, if the authority or public interest disclosure entity is a member of staff of a Council or a Councillor, to the Mayor of the Council.

(6A)The Ombudsman must not disclose any information under subsection (4), (4A), (5), (5A) or (6) that—

(a)is likely to lead to the identification of a person who has made an assessable disclosure; and

(b)is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

(6B)The Ombudsman may at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that—

(a)a ground specified in section 15A for refusing to deal with the complaint or section 15E for refusing to conduct an investigation would now apply; or

(b)the matter has been sufficiently investigated and further investigation is not warranted.

(6C)The Ombudsman must at any time during an investigation discontinue the investigation if in all the circumstances the Ombudsman considers that a ground specified in section 15 for refusing to deal with the complaint or section 15D for refusing to conduct an investigation would now apply.

(6D)If the Ombudsman discontinues an investigation in accordance with subsection (6B)(a) or (6C)—

(a)the Ombudsman must, within a reasonable time of discontinuing the investigation, inform any person informed of the investigation under subsection (1) of—

(i)the discontinuance of the investigation; and

(ii)the reason for that discontinuance; and

(b)sections 23, 23A and 24(1) cease to apply in relation to the investigation.

(6E)If the Ombudsman discontinues an investigation in accordance with subsection (6B)(b)—

(a)sections 23, 23A and 24(1) apply as if the investigation had been completed; and

(b)the Ombudsman must provide the reason for the discontinuance in any report or notification given under those sections.

(7)Subject to this Act the Ombudsman may regulate the procedures on an investigation in such manner as the Ombudsman thinks fit.

18Witness summons

(1)For the purposes of an investigation under this Act, the Ombudsman may issue a witness summons to a person requiring the person to—

(a)attend at a specified time and place on a specified date to produce documents or other things to the Ombudsman; or

(b)attend at a specified time and place on a specified date to give evidence before the Ombudsman; or

(c)attend at a specified time and place on a specified date before the Ombudsman, to give evidence and to produce documents or other things.

(1A)A witness summons issued by the Ombudsman may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons issued by the Ombudsman that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

(2)A witness summons issued by the Ombudsman must—

(a)be in the prescribed form; and

(b)unless subsection (3) applies, if the witness summons requires the person to whom it is directed to give evidence—state the nature of the matters about which the person is required to give evidence; and

(c)include—

(i)a statement that failure to comply with the witness summons without reasonable excuse may be an offence to which penalties apply; and

(ii)a reference to section 18B(2) and (3) as examples of what may constitute a reasonable excuse for failing to comply with the witness summons; and

(iii)a statement of how the person may object to the witness summons; and

(iv)any other prescribed matter; and

(d)be served in accordance with section 18A.

(3)The Ombudsman is not required to state the nature of the matters about which a person is to give evidence if the Ombudsman considers on reasonable grounds that doing so may—

(a)prejudice the conduct of the investigation to which the witness summons relates; or

(b)be contrary to the public interest.

(4)A person whose attendance has been required by a witness summons served under this section is required to attend at the time and, if applicable, place to which the investigation is adjourned or postponed without the issue or service of a further witness summons.

(5)If a person is issued with a witness summons referred to in subsection (1)(a) or (c) in relation to the production of documents or other things, the Ombudsman may excuse that person from attendance if the person produces the required documents or things to the Ombudsman before the time and date for production specified in the witness summons in accordance with any directions given by the Ombudsman.

18AService of witness summons

(1)Subject to subsection (1A), a witness summons must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the witness summons.

(1A)The Ombudsman may issue a witness summons requiring immediate attendance by a person before the Ombudsman if the Ombudsman considers on reasonable grounds that a delay in the person's attendance is likely to result in—

10A   A Formal Review established under the Inquiries Act 2014 and Formal Review officers within the meaning of that Act

11A person acting as legal adviser to the Crown or an authority or a public interest disclosure entity, or as counsel for the Crown or an authority or a public interest disclosure entity in any proceedings, including Crown Prosecutors and Associate Crown Prosecutors

12The Solicitor-General appointed under the Attorney‑General and Solicitor-General Act 1972

13The Director of Public Prosecutions

14A person in the capacity of trustee under the Trustee Act 1958 (but not including State Trustees)

15The Victorian Electoral Commission

16The Auditor-General

17The Electoral Boundaries Commission

18A Department of the Parliament

19The Parliamentary Budget Officer

20The Parliamentary Workplace Standards and Integrity Commission

21The Parliamentary Integrity Adviser

SCHEDULE 3—PERSONS AND BODIES TO WHOM OR WHICH THE OMBUDSMAN
MAY REFER COMPLAINTS

Section 16I

1The Auditor-General

2The Chief Commissioner of Police

2AThe Commission for Children and Young People

3The Commissioner for Environmental Sustainability

4The Information Commissioner, in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014

5The Director of Public Prosecutions

6The Electoral Boundaries Commission

7The Inspector-General for Emergency Management

8The Environment Protection Authority

9The Health Complaints Commissioner

10The IBAC

10AA The Judicial Commission

10AThe Mental Health and Wellbeing Commission

*                *                *                *                *

12The Racing Integrity Commissioner

13The Road Safety Camera Commissioner

14Safe Transport Victoria

15The Victorian Electoral Commission

16The Victorian Equal Opportunity and Human Rights Commission

17Integrity Oversight Victoria

18The Victorian WorkCover Authority

19A coroner

20A Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown

21A Board of Inquiry established under the Inquiries Act 2014

21AA Formal Review established under the Inquiries Act 2014

22The Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020

23A prescribed person or body

24The Victorian Disability Worker Commission

25The Parliamentary Workplace Standards and Integrity Commission

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Ombudsman Act 1973 was assented to on 17 April 1973 and came into operation on 30 October 1973: Government Gazette 30 October 1973 page 3595.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Ombudsman Act 1973 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Ombudsman Act 1973, No. 8414/1973

Assent Date:	17.4.73
Commencement Date:	S. 37(4) inserted on 26.4.21 by No. 11/2021 s. 163: s. 2(2)
Note:	S. 37(4) repealed s. 37 on 26.4.23
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Ombudsman (Exemption) Act 1974, No. 8651/1974

Assent Date:	17.12.74
Commencement Date:	17.12.74
Current State:	All of Act in operation

Ombudsman (Municipalities) Act 1976, No. 8884/1976

Assent Date:	19.10.76
Commencement Date:	1.1.77: Government Gazette 22.12.76 p. 3739
Current State:	All of Act in operation

Statute Law Revision Act 1977, No. 9059/1977

Assent Date:	29.11.77
Commencement Date:	29.11.77; subject to s. 2(2)
Current State:	All of Act in operation

Ombudsman (Co-operation) Act 1979, No. 9256/1979

Assent Date:	26.6.79
Commencement Date:	26.6.79
Current State:	All of Act in operation

Police Regulation (Amendment) Act 1985, No. 10250/1985

Assent Date:	10.12.85
Commencement Date:	S. 22 never proclaimed, repealed by No. 14/1988 s. 19
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Mental Health Act 1986, No. 59/1986

Assent Date:	3.6.86
Commencement Date:	S. 143(2)(Sch. 7) on 1.10.87: Government Gazette 30.9.87 p. 2585
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988

Assent Date:	11.5.88
Commencement Date:	11.5.88: Government Gazette 11.5.88 p. 1150
Current State:	All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2) (Sch. 2 item 42) on 1.7.88: Government Gazette 1.6.88 p. 1487
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Local Government (Consequential Provisions) Act 1989 No. 12/1989 (as amended by No. 13/1990)

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 86.1–86.13) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Police Regulation (Amendment) Act 1989, No. 15/1989

Assent Date:	16.5.89
Commencement Date:	Ss 1–32 on 16.5.89; s. 33 on 23.8.89: Government Gazette 23.8.89 p. 2146
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Legal Profession Practice (Amendment) Act 1989, No. 35/1989

Assent Date:	6.6.89
Commencement Date:	S. 22 on 20.9.89: Government Gazette 20.9.89 p. 2404
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 3(Sch. item 143) on 1.9.90: Government Gazette 25.7.90 p. 2217.
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Ombudsman (Amendment) Act 1989, No. 62/1989

Assent Date:	12.9.89
Commencement Date:	12.12.89: Special Gazette (No. 72) 12.12.89 p. 1
Current State:	All of Act in operation

Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993

Assent Date:	7.12.93
Commencement Date:	S. 20(9) on 7.12.93: s. 2 (4)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date:	5.12.95
Commencement Date:	S. 32(Sch. 2 item 4) on 5.12.95: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Sector Management and Parliamentary Officers (Amendment) Act 1996, No. 24/1996

Assent Date:	2.7.96
Commencement Date:	S. 33(1) on 16.11.93: s. 2(2); rest of Act on 2.7.96: s. 2(1)
Current State:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 62) on 1.1.97 s. 2(3)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	S. 26(2) on 16.12.97: s. 2(1); s. 26(1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

State Trustees (Amendment) Act 1998, No. 15/1998

Assent Date:	28.4.98
Commencement Date:	S. 10 on 1.7.98: Government Gazette 18.6.98 p. 1511
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Melbourne City Link (Amendment) Act 1998, No. 102/1998

Assent Date:	1.12.98
Commencement Date:	Ss 34–37 on 1.12.98: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Police Regulation (Amendment) Act 1999, No. 61/1999

Assent Date:	21.12.99
Commencement Date:	S. 20(Sch. item 2) on 2.4.00: Government Gazette 30.3.00 p. 569
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 92) on 22.11.00: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Information Privacy Act 2000, No. 98/2000

Assent Date:	12.12.00
Commencement Date:	Ss 79, 80 on 1.9.01: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Health Records Act 2001, No. 2/2001

Assent Date:	10.4.01
Commencement Date:	Ss 113, 114 on 1.7.02: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Whistleblowers Protection Act 2001, No. 36/2001

Assent Date:	19.6.01
Commencement Date:	S. 114 on 19.6.01: s. 2(1); ss 113, 115 on 1.1.02: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Electoral Act 2002, No. 23/2002

Assent Date:	12.6.02
Commencement Date:	S. 201 on 1.9.02: Government Gazette 29.8.02 p. 2333
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Animals Legislation (Animal Welfare) Act 2003, No. 103/2003

Assent Date:	9.12.03
Commencement Date:	S. 30(1)(3) on 10.12.03: s. 2(1); s. 30(2)(4) on 1.12.05: s. 2(3)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Ombudsman Legislation (Police Ombudsman) Act 2004, No. 32/2004

Assent Date:	1.6.04
Commencement Date:	Ss 3–8 on 2.6.04: s. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Sex Offenders Registration Act 2004, No. 56/2004

Assent Date:	21.9.04
Commencement Date:	Ss 76–78 on 1.10.04: s. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004

Assent Date:	12.10.04
Commencement Date:	S. 7 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Major Crime (Investigative Powers) Act 2004, No. 79/2004

Assent Date:	16.11.04
Commencement Date:	Ss 71–73 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 144) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 73) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 246 on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 25) on 7.6.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Charter of Human Rights and Responsibilities Act 2006, No. 43/2006

Assent Date:	25.7.06
Commencement Date:	S. 47(Sch. item 2) on 1.1.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 20 on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Animals Legislation Amendment (Animal Care) Act 2007, No. 65/2007

Assent Date:	11.12.07
Commencement Date:	Ss 111, 112 on 1.9.09: Special Gazette (No. 298) 1.9.09 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Police Integrity Act 2008, No. 34/2008

Assent Date:	1.7.08
Commencement Date:	S. 143(Sch. 2 item 9) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Administration Amendment Act 2009, No. 27/2009

Assent Date:	17.6.09
Commencement Date:	Ss 16, 17 on 18.6.09: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 37) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 64) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011

Assent Date:	29.11.11
Commencement Date:	S. 42 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Victorian Inspectorate Act 2011, No. 70/2011

Assent Date:	29.11.11
Commencement Date:	S. 46 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Public Interest Monitor Act 2011, No. 72/2011

Assent Date:	6.12.11
Commencement Date:	S. 52 on 18.9.12: Special Gazette (No. 316) 18.9.12 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012

Assent Date:	6.3.12
Commencement Date:	Ss 43–47 on 1.12.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 36) on 28.6.12: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012

Assent Date:	18.9.12
Commencement Date:	S. 21 on 1.1.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 224–251 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 313 on 11.2.13: s. 2(5)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Protected Disclosure Act 2012, No. 85/2012

Assent Date:	18.12.12
Commencement Date:	Ss 144–173 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	S. 63 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	Ss 93, 94 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 26) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 97 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	Ss 69–71 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 66) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 21) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014

Assent Date:	13.5.14
Commencement Date:	S. 62 on 30.6.14: Special Gazette (No. 188) 17.6.14 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 119) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 33) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 27) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 201–203 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 239 on 1.2.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	Ss 55–62, 63(2), 64–70 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 63(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017

Assent Date:	28.2.17
Commencement Date:	S. 16 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 13) on 1.9.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Parliamentary Budget Officer Act 2017, No. 27/2017

Assent Date:	27.6.17
Commencement Date:	S. 59 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 6) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Disability Service Safeguards Act 2018, No. 38/2018

Assent Date:	28.8.18
Commencement Date:	S. 291 on 20.8.19: Special Gazette (No. 324) 20.8.19 p. 1
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	S. 194 on 6.3.19: s. 2(1); ss 73–78, 79(Sch. 1 Pt C) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 147–174 on 1.1.20: s. 2(3); ss 175–178 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Ombudsman Act 1973

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 267 on 1.7.20: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Local Government Act 2020, No. 9/2020[3]

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 75.1, 75.5) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 75.2–75.4, 75.6) on 24.10.20: s. 2(3)(f)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 157–163 on 26.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	S. 57 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 851 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 8) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024

Assent Date:	20.8.24
Commencement Date:	Ss 131–134 on 31.12.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 80–96 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 24) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Ombudsman Act 1973

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details  

[1] S. 13 amended by Nos 8651 s. 2, 8884 s. 3, 9059 s. 2(1)(Sch. item 33), 14/1988 s. 11, 12/1989 s. 4(1)(Sch. 2 items 86.5–86.7) (as amended by No. 13/1990 s. 38(2)(l)), 15/1989 s. 25, 62/1989 s. 8, 35/1996 s. 453(Sch. 1 item 62.1), 93/1997 s. 26, 15/1998 s. 10(2), 102/1998 s. 35, 23/2002 s. 201, 103/2003 s. 30(1)(2), 56/2004 s. 76(2), 79/2004 s. 71(a), 18/2005 s. 18(Sch. 1 item 73.1), 43/2006 s. 47(Sch. item 2), 65/2007 s. 111, 27/2009 s. 16, 29/2011 s. 3(Sch. 1 item 64), 66/2011 s. 42, 70/2011 s. 46, 72/2011 s. 52, 6/2012 s. 43, 43/2012 s. 3(Sch. item 36), substituted by No. 82/2012 s. 227, amended by No. 30/2016 s. 70(2)(n), substituted by No. 2/2019 s. 149.

[2] S. 16L (repealed): The amendment proposed by section 46 of the Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020) is not included in this publication due to the earlier repeal of section 16L by section 161 of the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019.

Section 46 read as follows:

46Ombudsman Act 1973

For section 16L(2)(j) of the Ombudsman Act 1973 substitute—

"(j)the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;".

[3] Table of Amendments (Local Government Act 2020): The amendment proposed by section 390(Schedule 1 item 75.4) of the Local Government Act 2020, No. 9/2020 is not included in this publication because the words "municipal monitor appointed under section 223CA of the Local Government Act 1989" do not appear in section 26FB(3)(g).

Section 390(Schedule 1 item 75.4) reads as follows:

SCHEDULE 1—CONSEQUENTIAL AMENDMENTS TO SPECIFIED ACTS

75.4In section 26FB(3)(g), for "municipal monitor appointed under section 223CA of the Local Government Act 1989" substitute "Municipal Monitor appointed under 182 of the Local Government Act 2020".