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…