Ombudsman Act 1973 (Vic)

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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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.