Ombudsman Act 1974 (NSW)
An Act to provide for the appointment of an Ombudsman; to define the functions of the Ombudsman; and for purposes connected therewith.
This Act may be cited as the Ombudsman Act 1974.
This Act, Part 3 excepted, commences on the date of assent to this Act.
Part 3 commences on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(Repealed)
This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) any action or inaction relating to a matter of administration, and
(b) any alleged action or inaction relating to a matter of administration.
(a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the head of the agency, and
(a1) in relation to a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013—the chief of staff of the office of that office holder, and
(b) in relation to a public authority that is a local government authority, or a member or employee of a local government authority—the mayor (or other presiding officer) of the local government authority, and
(c) in relation to a public authority that is a corporation sole, or who is a person employed by a corporation sole—the person constituting the corporation, and
(d) in relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body—the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and
(e) in any other case—the person prescribed by the regulations, or in the absence of any regulation prescribing a person, the person who, in the opinion of the Ombudsman, is the chief executive of the public authority.
(a) any person appointed to an office by the Governor,
(b) any statutory body representing the Crown,
(c) any Public Service agency or any person employed in a Public Service agency,
(d) any person in the service of the Crown or of any statutory body representing the Crown,
(d1) any person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013,
(e) an auditable entity within the meaning of the Government Sector Audit Act 1983,
(f) a person entitled to be reimbursed from public funds for expenses associated with attending meetings or carrying out the business of a body constituted by an Act,
(f1) any accreditation authority or registered certifier within the meaning of the Building and Development Certifiers Act 2018,
(f2) any body declared by the regulations to be a public authority for the purposes of this Act,
(g) any holder of an office declared by the regulations to be an office of a public authority for the purposes of this Act,
(g1) any local government authority or any member or employee of a local government authority,
(g2) an approved charitable organisation, within the meaning of the Prevention of Cruelty to Animals Act 1979, to the extent the organisation’s conduct relates to the exercise of functions under that Act,
(h) any person acting for or on behalf of, or in the place of, or as deputy or delegate of, any person described in any of the foregoing paragraphs.
(a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the Minister responsible for that agency or, in the case where more than one Minister is responsible for that agency, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that agency, and
(b) in relation to a public authority that is a local government authority or a member or employee of a local government authority—the Minister administering the Local Government Act 1993, and
(c) in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act—the Minister administering the Act or the relevant part of the Act, and
(c1) in relation to a public authority who is a person employed by a political office holder under Part 2 of the Members of Parliament Staff Act 2013—the Premier, and
(d) in relation to any other public authority—the Minister who, in the opinion of the Ombudsman, is the most nearly concerned with the conduct of the public authority.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(Repealed)
A reference in this Act, except in section 37 (2) (e), to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman and an Assistant Ombudsman.
In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Notes included in this Act do not form part of this Act.
In this Act, a reference to a Presiding Officer of a House of Parliament is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly.
If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council.
If there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.
The Governor may, on the recommendation of the Minister, appoint an Ombudsman on such terms and conditions as are specified in the instrument of appointment.
Subject to this Act, the Ombudsman holds office for such period, not exceeding seven years, as is specified in the instrument of his or her appointment and is eligible for re-appointment.
A person is not eligible for appointment as Ombudsman if the person—
(a) is a member of the Legislative Council or the Legislative Assembly, or
(b) is a member of a House of Parliament of another State or of the Commonwealth.
The Ombudsman vacates the office of Ombudsman—
(a) (Repealed)
(b) if he or she engages in any paid employment outside the duties of the office, or
(c) if he or she is nominated for election as a member of the Legislative Council or the Legislative Assembly or as a member of a House of Parliament of another State or of the Commonwealth, or
(d) if he or she resigns the office by instrument in writing addressed to the Governor and the Governor accepts the resignation.
The Ombudsman may, at any time, be removed from office by the Governor upon the address of both Houses of Parliament.
The office of Ombudsman is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.
The Ombudsman is entitled to be paid—
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Ombudsman.
The Ombudsman has and may exercise the functions conferred or imposed on the Ombudsman by or under this or any other Act.
Despite subsection (4) (b), the Ombudsman does not vacate the office of Ombudsman if the Ombudsman engages in paid employment outside the duties of the office with the approval of the Minister.
A person is not to be appointed as Ombudsman until—
(a) a proposal that the person be appointed has been referred to the Joint Committee under section 31BA, and
(b) either the period that the Joint Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
A person may be proposed for appointment on more than one occasion.
In this section and section 31BA,
The Governor may, on the recommendation of the Minister, appoint an acting Ombudsman during the absence of the Ombudsman or during a vacancy in the office of Ombudsman.
The Ombudsman may—
(a) from time to time, appoint a Deputy Ombudsman or an Assistant Ombudsman to be an acting Ombudsman during an absence of the Ombudsman for a period of no more than 30 days, and
(b) revoke the appointment.
An appointment of an acting Ombudsman by the Ombudsman is revoked on the appointment of an acting Ombudsman by the Governor.
An acting Ombudsman is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the Ombudsman.
No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising an acting Ombudsman to act as Ombudsman.
An acting Ombudsman when acting as Ombudsman is taken to be the Ombudsman.
The Ombudsman may appoint one or more Deputy Ombudsman and Assistant Ombudsman.
The Ombudsman must appoint a Deputy Ombudsman as the Community Services Commissioner for the purposes of the Community Services (Complaints, Reviews and Monitoring) Act 1993.
The Ombudsman is to appoint a Deputy Ombudsman for the purpose of enabling the Ombudsman to monitor and assess Aboriginal programs under Part 3B.
The provisions of section 6 (3) (b), (4) (b) and (c) and (5) apply to and in respect of a Deputy Ombudsman and an Assistant Ombudsman in the same way that they apply to and in respect of the Ombudsman.
The offices of Deputy Ombudsman and Assistant Ombudsman are statutory offices and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to those offices (except as provided by subsection (4B)).
A Deputy Ombudsman and an Assistant Ombudsman hold office for such term, not exceeding 5 years, as may be specified in the instrument of appointment, but are eligible (if otherwise qualified) for re-appointment.
The employment of a Deputy Ombudsman and an Assistant Ombudsman is (subject to this section) to be governed by a contract of employment between the Deputy Ombudsman or Assistant Ombudsman and the Ombudsman.
The following provisions of or made under the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to a Deputy Ombudsman and an Assistant Ombudsman (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Ombudsman)—
(a) provisions relating to the band in which an executive is to be employed,
(b) provisions relating to the contract of employment of an executive,
(c) provisions relating to the remuneration, employment benefits and allowances of an executive,
(d) provisions relating to the termination of employment of an executive.
The office of a Deputy Ombudsman or an Assistant Ombudsman becomes vacant if the holder—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Ombudsman, or
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(e) becomes a mentally incapacitated person, or
(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(g) is removed from office under subsection (4B).
If a Deputy Ombudsman or an Assistant Ombudsman is appointed as acting Ombudsman, he or she does not, on that account, cease to be Deputy Ombudsman or an Assistant Ombudsman.
Despite subsection (2), section 6 (4) (b) does not apply to or in respect of a Deputy Ombudsman or an Assistant Ombudsman if the Deputy Ombudsman or Assistant Ombudsman engages in paid employment outside the duties of the office of Deputy Ombudsman or Assistant Ombudsman with the approval of the Ombudsman.
A Deputy Ombudsman may, to the extent to which he or she is directed by the Ombudsman to do so, exercise any function of the Ombudsman other than the following functions—
(a) a function conferred or imposed by section 10, 10A, 21C or 30,
(b) the power to accept or to refuse to accept a delegation to which section 10B applies,
(c) the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in section 10B.
(Repealed)
The Ombudsman may, from time to time, appoint a person to be an acting Deputy Ombudsman or Assistant Ombudsman, and the Ombudsman may revoke any such appointment.
In the absence of a Deputy Ombudsman or an Assistant Ombudsman, a person so appointed is to act in the place of the Deputy Ombudsman or Assistant Ombudsman.
While acting in the place of a Deputy Ombudsman or an Assistant Ombudsman, a person has all the functions of the Deputy Ombudsman or Assistant Ombudsman and is taken to be a Deputy Ombudsman or an Assistant Ombudsman.
(Repealed)
Subject to subsection (2), the Ombudsman may delegate to an Assistant Ombudsman or an officer of the Ombudsman the exercise of any functions of the Ombudsman, including any function which the Ombudsman may exercise pursuant to section 10B.
The Ombudsman may not delegate the exercise of—
(a) any function to make any report under this Act, except in accordance with subsection (2A),
(b) any function conferred by section 10A or 21C, or the power to accept or to refuse to accept a delegation to which section 10B applies or the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in that section,
(b1) any function conferred by section 19 (2), other than to an Assistant Ombudsman, or
(c) the function conferred by subsection (1).
(d), (e) (Repealed)
The Ombudsman may delegate the exercise of the function to make a report—
(a) under section 26, 28 or 29, to an Assistant Ombudsman, and
(b) under section 28 or 29 (1) (a) or (2) (a), to an officer of the Ombudsman.
A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.
A delegation under this section must be made by instrument in writing.
An instrument of delegation must specify—
(a) the functions the exercise of which is delegated, and
(b) any conditions or limitations on the delegation.
The Ombudsman may revoke a delegation under this section at any time, whether made by the Ombudsman or not.
A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.
During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.
Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.
The Ombudsman may delegate the exercise of any functions of the Ombudsman under sections 13A, 18, 19 (1), 20 and 23 to a person who is empowered to exercise under a law of another State, the Commonwealth or a Territory of the Commonwealth functions similar to the functions exercised by the Ombudsman under this Act, where—
(a) the Ombudsman is of the opinion that an investigation authorised to be carried out by the Ombudsman under this Act may more effectively or more appropriately be carried out by the person to whom it is proposed the delegation be made, and
(b) the delegation is for the purpose of enabling that person to carry out that investigation.
A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.
A delegation under this section must be made by instrument in writing.
An instrument of delegation must specify—
(a) the functions the exercise of which is delegated, and
(b) any conditions or limitations on the delegation.
The Ombudsman may revoke a delegation under this section at any time, whether made by that Ombudsman or not.
A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.
During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.
Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.
Where the exercise of a function is delegated under this section, then, for the purpose of enabling a person to carry out an investigation, as referred to in subsection (1) (b), that investigation shall, for the purposes of—
(a) the provisions of this Act which confer or impose the delegated function, and
(b) the provisions of sections 21 and 24,
be an investigation under this Act, and references in those provisions to the Ombudsman shall be construed as including references to the delegate.
Where the exercise of a function is delegated under this section, the provisions of sections 34, 35 and 35A apply to and in respect of the delegate and officers of the delegate in the same way as those provisions apply to and in respect of the Ombudsman and officers of the Ombudsman.
Where by or under the law of another State, the Commonwealth or a Territory of the Commonwealth any function is conferred on or delegated to the Ombudsman, the Ombudsman may—
(a) exercise the function so conferred or may refuse to exercise the function, or
(b) accept the delegation and exercise the function so delegated or may refuse to accept the delegation.
Except where otherwise expressly provided, a function exercised by the Ombudsman in pursuance of subsection (1) shall, for the purposes of this Act, be deemed to be exercised in the course of the Ombudsman’s office or in the execution of this Act, as the case may require.
Any act or thing done, suffered or omitted—
(a) pursuant to this or any other Act by an acting Ombudsman or a Deputy Ombudsman, or
(b) pursuant to a delegation under section 10 or 10A,
has the same force and effect as if done, suffered or omitted by the Ombudsman.
This Part applies to a person who was a public authority in relation to conduct occurring while the person was a public authority in the same way as it applies to a public authority.
Any person, including a public authority, may complain to the Ombudsman about the conduct of a public authority unless the conduct is of a class described in Schedule 1.
Protections may be available under the following provisions to persons who make a complaint under this section—
(a) the Public Interest Disclosures Act 2022, Part 3—if the complaint is a public interest disclosure,
(b) Part 4B—if the making of the complaint is protected action within the meaning of the Part.
The Public Interest Disclosures Act 2022, section 58 confers additional investigative powers on the Ombudsman in relation to certain public interest disclosures.
Where a person wishes to make a complaint under subsection (1), the complaint may, with the consent of that person, be made on his or her behalf by a member of Parliament.
If a person detained by, or in the custody of, a public authority (a
(a) take all steps necessary to facilitate the making of the complaint by the detained person, and
(b) if the complaint is made orally—make reasonable arrangements for the detained person to make the complaint in a way that is not recorded or monitored, and
(c) if the complaint is made in writing—send to the Ombudsman, as soon as practicable, the written matter addressed to the Ombudsman, unopened.
A complaint under subsection (1), and a consent for the purposes of subsection (2), must be in writing.
However, the Ombudsman—
(a) may accept a complaint that is not in writing if the Ombudsman considers it appropriate to do so, and
(b) in that event, must reduce the complaint to writing as soon as practicable.
Where a member of Parliament acts for a person under subsection (2) the member does not, except for the purposes of sections 15, 16, 26 (4) and 29, thereby become the complainant.
Where a member of Parliament publishes to a person for whom the member acts under subsection (2) any matter, or a copy of any matter, published to the member by the Ombudsman, the publication has, for all purposes, the same effect as if it had been published to that person by the Ombudsman.
The Ombudsman may, if the Ombudsman considers it appropriate, refer a complaint about the conduct of a public authority to the public authority for investigation.
The public authority must report to the Ombudsman on the outcome of the referral.
The Ombudsman may, when referring the complaint to the public authority, make recommendations on whether, and in what way, the public authority may investigate or otherwise deal with the complaint.
The Ombudsman may monitor the progress of the public authority’s investigation of the complaint.
The public authority must, on the request of the Ombudsman, provide documents and other information relating to the complaint.
The Ombudsman may, if the Ombudsman considers it appropriate, also continue to deal with the complaint.
In this section—
Where it appears to the Ombudsman that any conduct of a public authority about which a complaint may be made under section 12 may be conduct referred to in section 26, the Ombudsman may, whether or not any person has complained to the Ombudsman about the conduct, make the conduct the subject of an investigation under this Act.
Subsection (1) has effect notwithstanding anything in any Act passed before the passing of this Act.
The Ombudsman may discontinue an investigation under this Act.
Where any person has complained to the Ombudsman under section 12 about the conduct of a public authority, the Ombudsman, in deciding whether to make that conduct the subject of an investigation under this Act or whether to discontinue an investigation commenced by him or her under this Act—
(a) may have regard to such matters as he or she thinks fit, and
(b) without limiting paragraph (a), may have regard to whether, in his or her opinion—
(i) the complaint is frivolous, vexatious or not in good faith,
(ii) the subject-matter of the complaint is trivial,
(iii) the subject-matter of the complaint relates to the discharge by a public authority of a function which is substantially a trading or commercial function,
(iv) the conduct complained of occurred at too remote a time to justify investigation,
(v) in relation to the conduct complained of there is or was available to the complainant an alternative and satisfactory means of redress, or
(vi) the complainant has no interest or an insufficient interest in the conduct complained of.
(Repealed)
Notwithstanding any other provision of this section, the Ombudsman shall not investigate the conduct of a public authority, being a local government authority, if that conduct is subject to a right of appeal or review conferred by or under an Act unless the Ombudsman is of the opinion that special circumstances make it unreasonable to expect that right to be or to have been exercised.
To avoid doubt, the Ombudsman may investigate or continue to investigate conduct even if the conduct is or is likely to become the subject of court or other proceedings, unless the Ombudsman considers the investigation is likely to adversely affect the proceedings or potential proceedings.
The Ombudsman may make preliminary inquiries for any of the following purposes—
(a) deciding whether the Ombudsman has jurisdiction over particular conduct,
(b) deciding whether to make particular conduct of a public authority the subject of an investigation under this Act,
(c) another function of the Ombudsman under this Act or another Act.
The inquiries may be made whether or not any person has complained to the Ombudsman about the conduct under section 12.
If a complaint has been made under section 12 (whether in writing or otherwise), the Ombudsman may, by way of a preliminary inquiry with respect to the complaint, require the complainant to provide further written particulars of the complaint within the time specified by the Ombudsman.
A public authority that discloses information to the Ombudsman in response to an inquiry under this section is not required to comply with section 16, 17, 18 or 19 (1) of the Privacy and Personal Information Protection Act 1998.
Despite the Health Records and Information Privacy Act 2002—
(a) a public authority or other person or body may disclose health information (within the meaning of that Act) to the Ombudsman in response to an inquiry under this section, and
(b) the Ombudsman may use any such information for the purposes of this section.
For a provision in another Act providing an exception to confidentiality or non-disclosure, information provided in response to an inquiry made under this section is taken to be information provided in response to a requirement under this Act.
The Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation under this section.
The conciliator in any conciliation under this section is to be the Ombudsman or an officer of the Ombudsman. However, the conciliator may, with the agreement of the complainant, arrange for a mediator to assist in the conciliation.
Participation in the conciliation by the parties to a complaint is voluntary, and either party may withdraw at any time. The conciliator may also terminate the attempt at conciliation at any time.
Evidence of anything said or admitted during the conciliation (or attempted conciliation) and any document prepared for the purposes of any such conciliation are not admissible—
(a) in any subsequent investigation, under this Part, of the complaint concerned (unless the person who said or admitted the thing, or to whom the document relates, consents to its admission), or
(b) in any proceedings in a court or before a person or body authorised to hear and receive evidence.
If an attempt to deal with a complaint by conciliation under this section is unsuccessful, the complaint is to be treated under this Part as if the attempted conciliation had not taken place. However, the conciliator is excluded from participating as an investigating officer in any investigation of the complaint.
Nothing in this section prevents a complaint from being dealt with otherwise than in accordance with this section.
The Ombudsman may charge the public authority reasonable fees for the following—
(a) a conciliation provided under this section,
(b) the engagement of a mediator to assist in the conciliation.
The Governor may, by proclamation published on the NSW legislation website, amend Schedule 1 so as to add to it, or to omit from it, any class of conduct of a public authority.
Where Schedule 1 is amended by adding to it any class of conduct of a public authority, and conduct the subject of an investigation or conciliation by the Ombudsman is or includes conduct of the added class, the Ombudsman shall discontinue the investigation or conciliation in so far as it relates to conduct of the added class and shall not make any report concerning conduct of the added class.
A proclamation under subsection (1)—
(a) takes effect from the date of the publication of the proclamation or a later date specified in the proclamation, and
(b) shall be laid before each House of Parliament within fourteen sitting days of that House after the date of proclamation.
If either House of Parliament passes a resolution, of which notice has been given within fifteen sitting days of that House after a proclamation has been laid before it, disallowing the proclamation or any part thereof, the amendment of Schedule 1 made by the proclamation or part thereupon ceases to have effect.
For the purposes of subsections (3) and (4) sitting days shall be counted, whether or not they occur during the same session.
Where, by the operation of subsection (4), an amendment of Schedule 1 ceases to have effect, the Ombudsman may—
(a) resume any investigation or conciliation that he or she discontinued under subsection (2) by reason of the amendment, and
(b) make a report concerning the conduct to which the resumed investigation relates.
Where—
(a) a complaint has been made to the Ombudsman under section 12 about the conduct of a public authority, and
(b) the Ombudsman—
(i) refuses to investigate the conduct complained of or to deal with the complaint by conciliation, or
(ii) discontinues an investigation of that conduct,
the Ombudsman shall inform the complainant in writing of his or her decision and the reasons for the decision.
However, if the complaint was made orally, the Ombudsman may inform the complainant orally of the Ombudsman’s decision and the reasons for the decision unless the complainant asks to be informed of the Ombudsman’s reason in writing.
Subsection (2) does not prevent the Ombudsman from informing the complainant in writing of the Ombudsman’s decision and the reasons for the decision in relation to a complaint made orally if the Ombudsman is satisfied that it is appropriate to do so in the circumstances.
Where the Ombudsman—
(a) refuses to carry out any other investigation, or
(b) refuses to deal with any other complaint, disclosure or allegation by conciliation, or
(c) discontinues any other investigation,
the Ombudsman must inform the complainant, or the person who made the disclosure or allegation, in writing of the decision and the reasons for the decision.
Upon the Ombudsman deciding to make the conduct of a public authority the subject of an investigation under this Act, the Ombudsman shall give notice of the decision—
(a) where there is a complainant, to the complainant,
(b) to the head of the public authority and, if practicable, to the public authority, and
(c) as prescribed.
A notice under this section must be in writing, must describe the conduct the subject of the investigation and must, so far as practicable, identify the public authority.
An investigation under this Act shall be made in the absence of the public.
For an investigation under this Act, the Ombudsman may, by written notice, require a public authority to do the following—
(a) give the Ombudsman a written or oral statement of information specified or described in the notice,
(b) produce, in accordance with directions in the notice, a document or other thing, or a copy of a document, specified or described in the notice.
The notice may—
(a) require a person to attend at a specified time and place to give an oral statement of information, and
(b) specify the time within which the information must be provided.
In an investigation under this Act, the Ombudsman may make or hold inquiries.
For the purposes of any inquiry under this section, the Ombudsman has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923 and that Act (section 13 and Division 2 of Part 2 excepted) applies to any witness summoned by or appearing before the Ombudsman in the same way as it applies to a witness summoned by or appearing before a commissioner, but section 11 (2) of that Act shall have effect subject to section 21 of this Act.
A witness appearing before the Ombudsman is to be paid such amount as the Ombudsman determines, but not exceeding the amount that would be payable to such a witness if he or she were a Crown witness subpoenaed by the Crown to give evidence.
The Ombudsman may appoint an Australian legal practitioner to assist the Ombudsman for the purposes of an inquiry held by the Ombudsman and the Australian legal practitioner may appear before the inquiry.
The Ombudsman may direct that—
(a) any evidence given before an inquiry held by the Ombudsman, or
(b) the contents of any document, or a description of any thing, produced to the Ombudsman, or
(c) any information that might enable a person who has given or may be about to give evidence before an inquiry to be identified or located, or
(d) the fact that any person has given or may be about to give evidence before an inquiry,
must not be published, or must not be published except in such manner, and to such persons, as the Ombudsman specifies.
The Ombudsman is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest.
A person must not make a publication in contravention of a direction given under this section.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
It is not a contravention of a direction given under this section to provide information or evidence—
(a) to a medical practitioner or psychologist for the purposes of providing medical or psychiatric care, treatment or counselling, including psychological counselling, to a person who has given or may give evidence before an inquiry, or
(b) to an Australian legal practitioner to obtain legal advice or representation in relation to an inquiry or an investigation relating to an inquiry.
In this section and sections 19B and 19C,
A person who was present at an inquiry must not publish, or permit to be published, any evidence given before the inquiry or any of the contents of a document produced at the inquiry, except to the Ombudsman, an officer of the Ombudsman or an Australian legal practitioner appointed under section 19 (4) or as permitted by the Ombudsman or the regulations.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
Nothing in this section affects section 19A, but a person cannot be punished under both sections for the same publication.
This section does not apply to an officer of the Ombudsman or an Australian legal practitioner appointed under section 19 (4).
It is not a contravention of this section to provide information or evidence to—
(a) a medical practitioner or psychologist for the purposes of providing medical or psychiatric care, treatment or counselling, including psychological counselling, to a person who has given or may give evidence before an inquiry, or
(b) an Australian legal practitioner to obtain legal advice or representation in relation to an inquiry or an investigation relating to an inquiry.
A person who is—
(a) required under section 18 to produce a statement of information or to attend and produce a document or other thing, or
(b) by a summons under section 19 required to give evidence or to produce a document or other thing,
must not disclose any information about the requirement or summons that is likely to prejudice the investigation to which it relates.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
Subsection (1) does not apply to a requirement or summons unless it specifies that information about the requirement or summons must not be disclosed.
A person does not contravene this section if—
(a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the requirement or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or
(b) the disclosure is made to obtain legal advice or representation in relation to the requirement or summons, or
(c) the disclosure is made for the purposes of, or in the course of, legal proceedings, or
(c1) the disclosure is made to a medical practitioner or psychologist in relation to the provision by that health practitioner of medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person required to give evidence by a summons under section 19, or
(d) the disclosure is made in accordance with guidelines issued by the Ombudsman or in accordance with the regulations.
A reference in this section to the disclosure of any information about a requirement or summons includes a reference to—
(a) a disclosure about the existence or nature of the requirement or summons or of the investigation to which it relates, and
(b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the requirement or summons or of the investigation to which it relates.
In an investigation under this Act, the Ombudsman may, at any time—
(a) enter and inspect any premises occupied or used by a public authority as a public authority, and
(b) inspect and copy any document or thing in or on the premises.
A public authority that occupies or uses premises entered by the Ombudsman under this section must give the Ombudsman the reasonable assistance and access to facilities necessary to enable the Ombudsman to exercise powers under this section.
This section applies if, in an investigation under this Act or an inquiry under section 19, the Ombudsman requires any person—
(a) to give any statement of information, or
(b) to produce any document or other thing, or
(c) to give a copy of any document, or
(d) to answer any question.
The Ombudsman must set aside the requirement if it appears to the Ombudsman that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Ombudsman that that person consents to compliance with the requirement.
The requirement may however be made despite, and is not required to be set aside because of—
(a) any rule of law which, in proceedings in a court of law, might justify an objection to compliance with a like requirement on grounds of public interest, or
(b) any privilege of a public authority which the public authority might claim in a court of law, or
(c) any duty of secrecy or other restriction on disclosure applying to a public authority or a former public authority.
The Ombudsman must not exercise powers under section 20 if it appears to the Ombudsman that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist inspection of the premises or document or thing or production of the document or thing and it does not appear to the Ombudsman that that person consents to the inspection or production.
The powers may however be exercised despite—
(a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or document or thing or to production of the document or thing on grounds of public interest, or
(b) any privilege of a public authority which the public authority might claim in a court of law, or
(c) any duty of secrecy or other restriction on disclosure applying to a public authority.
(Repealed)
The Supreme Court may, on an application made by the Ombudsman, grant an injunction restraining any conduct in which a public authority is engaging or in which a public authority appears likely to engage, where that conduct is the subject of, or affects the subject of, an investigation or proposed investigation by the Ombudsman.
The Supreme Court shall not grant an application under subsection (1) unless it is of the opinion that the conduct sought to be restrained is likely to prejudice or negate the effect or implementation of a recommendation which the Ombudsman might make pursuant to section 26 (2) were the Ombudsman to find that the conduct or part of the conduct, the subject of the investigation referred to in subsection (1), was conduct referred to in section 26.
The Ombudsman shall not be required, as a condition for the granting of an injunction pursuant to an application referred to in subsection (1), to give any undertaking as to damages.
This Act does not enable the Ombudsman—
(a) to require any person—
(i) to give any statement of information,
(ii) to produce any document or other thing,
(iii) to give a copy of any document, or
(iv) to answer any question,
which relates to information that is Cabinet information under the Government Information (Public Access) Act 2009 or to confidential proceedings of Cabinet or any committee of Cabinet, or
(b) to inspect any document or thing which so relates.
For the purposes of this section, a certificate of the Secretary or General Counsel of the Cabinet Office that—
(a) information is Cabinet information under the Government Information (Public Access) Act 2009, or
(b) any information, document, thing or question relates to confidential proceedings of Cabinet or of a committee of Cabinet,
is conclusive of that fact.
For the purposes of the exercise of any of the Ombudsman’s functions, the Ombudsman may engage the services of any person for the purpose of getting expert assistance.
In an investigation under this Act, the Ombudsman shall give an opportunity to make submissions on the conduct the subject of the investigation—
(a) if practicable, to the public authority whose conduct it is, and
(b) to any other person given notice under section 16.
Where, in an investigation under this Act, the Ombudsman considers that there are grounds for adverse comment in respect of any person, the Ombudsman, before making any such comment in any report, shall, so far as practicable—
(a) inform that person of the substance of the grounds of the adverse comment, and
(b) give the person an opportunity to make submissions.
Subsection (2) does not apply in relation to a report under section 28.
In an investigation under this Act, the Ombudsman shall, on request by the responsible Minister, consult that Minister on the conduct the subject of the investigation.
Before publishing a report under section 26, the Ombudsman—
(a) shall inform the responsible Minister that he or she proposes to publish such a report, and
(b) shall, on request by that Minister, consult that Minister.
The Ombudsman may review the systems of a public authority for handling complaints.
The Ombudsman may, in carrying out the review, require the head of the public authority to provide information about the systems, including the operation of the systems.
The Ombudsman may—
(a) report on issues relating to the systems, and
(b) review the policies and performance of the public authority in relation to handling complaints, and
(c) make recommendations the Ombudsman considers appropriate.
A copy of a report containing recommendations—
(a) must be given to the relevant Minister in relation to the public authority, and
(b) may be given to another person or body the Ombudsman considers appropriate.
(Repealed)
In this part—
(a) the OCHRE program,
(b) other Government programs primarily directed to the health, or cultural, economic, educational or other wellbeing, of Aboriginal persons or communities.
The Ombudsman—
(a) is to monitor and assess the OCHRE program, and
(b) may monitor and assess other Aboriginal programs.
Sections 17–24 and 36 apply to the exercise of the Ombudsman’s functions under this Part in the same way as they apply to an investigation of a complaint by the Ombudsman, subject to any necessary modifications and to any modifications prescribed by the regulations.
It is the duty of the head of a public authority that has functions under an Aboriginal program to provide the Ombudsman with full and unrestricted access to records that are under the person’s control (or whose production the person may, in an official capacity, reasonably require), being records to which the Ombudsman reasonably requires access for the purpose of exercising the functions of the Ombudsman under this Part in relation to the program.
Access to which the Ombudsman is entitled under this section includes the right to inspect and, on request, to be provided with copies of any such record and to inspect any non-documentary evidence associated with any such record.
A provision of any Act or law that restricts or denies access to records (other than a provision applied by section 25L (2)) does not prevent a person to whom this section applies from complying, or affect the person’s duty to comply, with this section.
The Ombudsman and the Minister responsible for an Aboriginal program may consult each other on the monitoring and assessment of, or other matters relating to, the program.
The Ombudsman may, if the Ombudsman thinks it appropriate to do so, provide information obtained by the Ombudsman under this section to a public authority that has functions under an Aboriginal program and that has a relevant interest.
The provision of information under this section—
(a) does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and
(b) does not give rise to any liability for defamation or other civil liability.
The Ombudsman may provide a report on any matter concerning an Aboriginal program (including any recommendations for improvements in the delivery of the program) to the Minister responsible for the program and to any other Minister or public authority affected, in the opinion of the Ombudsman, by the report.
The Minister responsible for the program is to furnish a copy of the report to the Presiding Officer of each House of Parliament within 1 month after receiving the report. Section 31AA applies to a copy of a report furnished under this section in the same way as it applies to a report under Part 4.
(Repealed)
(Repealed)
Where, in an investigation under this Act, the Ombudsman finds that the conduct the subject of the investigation, or any part of the conduct, is of any one or more of the following kinds—
(a) contrary to law,
(b) unreasonable, unjust, oppressive or improperly discriminatory,
(c) in accordance with any law or established practice but the law or practice is, or may be, unreasonable, unjust, oppressive or improperly discriminatory,
(d) based wholly or partly on improper motives, irrelevant grounds or irrelevant consideration,
(e) based wholly or partly on a mistake of law or fact,
(f) conduct for which reasons should be given but are not given,
(g) otherwise wrong,
the Ombudsman is to make a report accordingly, giving his or her reasons.
In a report under this section, the Ombudsman may recommend—
(a) that the conduct be considered or reconsidered by the public authority whose conduct it is, or by any person in a position to supervise or direct the public authority in relation to the conduct, or to review, rectify, mitigate or change the conduct or its consequences,
(b) that action be taken to rectify, mitigate or change the conduct or its consequences,
(c) that reasons be given for the conduct,
(d) that any law or practice relating to the conduct be changed,
(d1) that compensation be paid to any person, or
(e) that any other step be taken.
The Ombudsman shall give a report under this section—
(a) to the responsible Minister,
(b) to the head of the public authority whose conduct is the subject of the report, and
(c) where the public authority is a Public Service employee, to the Public Service Commissioner.
The Ombudsman may give a copy of a report under this section—
(a) where the investigation arises out of a complaint to the Ombudsman, to the complainant,
(b) to the public authority to whose conduct the report relates.
The person to whom a report is given under subsection (3) (b) may, and on request by the Ombudsman shall, notify the Ombudsman of any action taken or proposed in consequence of a report under this section.
If the Ombudsman recommends in a report under section 26 that compensation be paid to a person by a person other than a local government authority, the responsible Minister—
(a) at the request of the head of the public authority whose conduct is the subject of the report, and
(b) with the concurrence of the Treasurer,
may authorise the payment of compensation to the person out of the appropriate fund.
If the payment of compensation authorised under this section is to be made by a Public Service agency within the meaning of the Government Sector Employment Act 2013, the Treasurer may authorise payment out of the Consolidated Fund (but not otherwise), which is accordingly appropriated to the necessary extent.
If the Ombudsman recommends in such a report that compensation be paid to a person by a local government authority, the local government authority may authorise the payment of compensation to that person out of its funds.
The functions that may be delegated under section 377 of the Local Government Act 1993 by a council do not include a function relating to the authorisation of the payment of compensation under this section.
Nothing in any other Act prevents the payment of compensation in accordance with an authority given under this section, and the amount of compensation paid may be the same as, or may be more or less than, any amount recommended in the Ombudsman’s report.
Where the Ombudsman is not satisfied that sufficient steps have been taken in due time in consequence of a report under section 26, the Ombudsman may make a report to the Presiding Officer of each House of Parliament and must also provide the responsible Minister with a copy of the report.
The responsible Minister must make a statement to the House of Parliament in which the Minister sits in response to the report not more than 12 sitting days after the report is made to the Presiding Officer.
Where the Ombudsman is of the opinion that a public authority is or may be guilty of misconduct in the course of his or her functions to such an extent as, in the opinion of the Ombudsman, may warrant dismissal, removal or punishment, the Ombudsman shall report the opinion—
(a) to the responsible Minister,
(b) to the head of the public authority, and
(c) where the public authority is a Public Service employee, to the Public Service Commissioner,
giving reasons for the opinion.
Where the Ombudsman investigates the conduct of a public authority pursuant to a complaint made under section 12, the Ombudsman—
(a) may from time to time report to the complainant on the progress of the investigation,
(b) shall report to the complainant on the results of the investigation, and
(c) may make such comments to the complainant on the investigation and its consequences as he or she thinks fit.
Where the Ombudsman carries out any other kind of investigation, the Ombudsman—
(a) may from time to time report to the complainant, or the person who made the disclosure or allegation that led to the investigation, on the progress of the investigation, and
(b) may report to the complainant, or the person who made the disclosure or allegation that led to the investigation, on the results of the investigation, and
(c) may make any comments to the complainant, or the person who made the disclosure or allegation that led to the investigation, on the investigation and its consequences that the Ombudsman thinks fit.
The Ombudsman must, as soon as practicable after 30 June in each year, prepare a report of the Ombudsman’s work and activities for the preceding 12 months and furnish the report to the Presiding Officer of each House of Parliament.
Division 7.3 of the Government Sector Finance Act 2018 is, in its application to the annual reporting information prepared for the Ombudsman’s Office, modified as follows—
(a) the annual reporting information is to be given to the Presiding Officer of each House of Parliament and not to the responsible Minister for the Ombudsman’s Office,
(b) provisions of that Act relating to the giving of annual reporting information to the responsible Minister for a GSF agency and to the public availability of annual reporting information do not apply to the Ombudsman or the Ombudsman’s Office.
Section 31AA applies to the annual reporting information for the Ombudsman’s Office as if it were a report made or furnished under this Part.
The Ombudsman must, as soon as practicable after an annual report has been tabled in each House of Parliament or made public by a Presiding Officer, make copies of the report available for public sale or distribution.
The regulations may make provision for or with respect to the place or places at which the Ombudsman is to make copies of the report available.
The Ombudsman may, at any time, make a special report to the Presiding Officer of each House of Parliament and must also provide the Minister with a copy of the report on any matter arising in connection with the discharge of the Ombudsman’s functions.
The Ombudsman may include in a report under subsection (1) or under section 27 a recommendation that the report be made public forthwith.
(Repealed)
A copy of a report made or furnished to the Presiding Officer of a House of Parliament under this Part must be laid before that House on the next sitting day of that House after it is received by the Presiding Officer.
If a report includes a recommendation by the Ombudsman that the report be made public forthwith, the Presiding Officer of a House of Parliament may make it public whether or not that House is in session and whether or not the report has been laid before that House.
A report that is made public by the Presiding Officer of a House of Parliament before it is laid before that House attracts the same privileges and immunities as it would if it had been laid before that House.
A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made or furnished in accordance with this Act.
The Ombudsman may, at any time, furnish information obtained by the Ombudsman in discharging functions under this or any other Act to the Director of Public Prosecutions, the Independent Commission Against Corruption or the Commissioner of Police.
The Ombudsman must refer evidence of a detrimental action offence to—
(a) the Commissioner of Police, and
(b) either—
(i) the Independent Commission Against Corruption, or
(ii) if the evidence relates to a member of the NSW Police Force or the New South Wales Crime Commission—the Law Enforcement Conduct Commission.
However, the Ombudsman must not disclose information that could not otherwise be disclosed under this Act or could not—
(a) in the case of the Director of Public Prosecutions—be obtained by the Director under the Director of Public Prosecutions Act 1986 or any other Act, or
(b) in the case of the Independent Commission Against Corruption—be obtained by the Commission under the Independent Commission Against Corruption Act 1988 or any other Act, or
(c) in the case of the Commissioner of Police—be obtained by the Commissioner under the Police Act 1990 or another Act.
In this section—
The Ombudsman may, at any time—
(a) furnish to a public authority information obtained by the Ombudsman in discharging functions under this Act with respect to a complaint against or relating to the public authority, and
(b) make such comments to the authority with respect to the complaint as he or she thinks fit.
The Ombudsman may also furnish any or all of the information referred to in subsection (1) to any other public authority, and may make such comments (if any) to that public authority as the Ombudsman considers appropriate, if—
(a) the Ombudsman is satisfied that the information concerned is relevant to the functions, policies, procedures or practices of that other public authority, and
(b) the information does not disclose any personal information (within the meaning of the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002).
As soon as practicable after the commencement of this Part and the commencement of the first session of each Parliament, a joint committee of members of Parliament, to be known as the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission, is to be appointed.
The Joint Committee has and may exercise the functions conferred or imposed on it by or under this Act, the Law Enforcement Conduct Commission Act 2016, the Government Information (Information Commissioner) Act 2009, the Privacy and Personal Information Protection Act 1998, the Inspector of Custodial Services Act 2012, the Crime Commission Act 2012, or any other Act.
The Joint Committee has the following functions under this Act—
(a) to monitor and to review the exercise by the Ombudsman of the Ombudsman’s functions under this or any other Act,
(a1) to examine and report to both Houses of Parliament about the annual appropriation for the services of the Ombudsman,
Note— See the Government Sector Finance Act 2018, section 4.14B(5) which provides for the Joint Committee to examine and report within 3 months after receiving notice under that section of the amount proposed to be appropriated.
(b) to report to both Houses of Parliament, with such comments as it thinks fit, on any other matter appertaining to the Ombudsman or connected with the exercise of the Ombudsman’s functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed,
(c) to examine each annual and other report made by the Ombudsman, and presented to Parliament, under this or any other Act and to report to both Houses of Parliament on any matter appearing in, or arising out of, any such report,
(d) to report to both Houses of Parliament any change that the Joint Committee considers desirable to the functions, structures and procedures of the Office of the Ombudsman,
(e) to inquire into any question in connection with the Joint Committee’s functions which is referred to it by both Houses of Parliament, and to report to both Houses on that question.
Nothing in this Part authorises the Joint Committee—
(a) to investigate a matter relating to particular conduct, or
(b) to reconsider a decision to investigate, not to investigate or to discontinue investigation of a particular complaint, or
(c) to exercise any function referred to in subsection (1) in relation to any report under section 27, or
(d) to reconsider the findings, recommendations, determinations or other decisions of the Ombudsman, or of any other person, in relation to a particular investigation or complaint or in relation to any particular conduct the subject of a report under section 27, or
(e) to exercise any function referred to in subsection (1) in relation to the Ombudsman’s functions under the Telecommunications (Interception) (New South Wales) Act 1987.
The functions of the Joint Committee may be exercised in respect of matters occurring before or after the commencement of this section.
The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission or the Commissioner for the New South Wales Crime Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.
The Joint Committee has 14 days after the proposed appointment is referred to it to veto the proposal and has a further 30 days (after the initial 14 days) to veto the proposal if it notifies the Minister within that 14 days that it requires more time to consider the matter.
The Joint Committee is to notify the Minister, within the time that it has to veto a proposed appointment, whether or not it vetoes it.
A referral or notification under this section is to be in writing.
In this section, a reference to the Minister is—
(a) in the context of an appointment of Ombudsman, a reference to the Minister administering section 6A of this Act, and
(b) in the context of an appointment of Director of Public Prosecutions, a reference to the Minister administering section 4A of the Director of Public Prosecutions Act 1986, and
(b1) in the context of an appointment of Information Commissioner, a reference to the Minister administering section 5 of the Government Information (Information Commissioner) Act 2009, and
(b2) in the context of an appointment of Privacy Commissioner, a reference to the Minister administering section 35 of the Privacy and Personal Information Protection Act 1998, and
(c) in the context of an appointment of Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission, a reference to the Minister administering section 18 or 120 (as appropriate) of the Law Enforcement Conduct Commission Act 2016, and
(d) in the context of an appointment of Commissioner for the New South Wales Crime Commission, a reference to the Minister administering section 8 of the Crime Commission Act 2012.
The Joint Committee is to consist of 7 members, of whom—
(a) 3 are to be members of, and appointed by, the Legislative Council, and
(b) 4 are to be members of, and appointed by, the Legislative Assembly.
The appointment of members of the Joint Committee is, as far as practicable, to be in accordance with the practice of Parliament with reference to the appointment of members to serve on joint committees of both Houses of Parliament.
A person is not eligible for appointment as a member of the Joint Committee if the person is a Minister of the Crown or a Parliamentary Secretary.
A member of the Joint Committee ceases to hold office—
(a) when the Legislative Assembly is dissolved or expires by the effluxion of time, or
(b) if the member becomes a Minister of the Crown or a Parliamentary Secretary, or
(c) if a member ceases to be a member of the Legislative Council or Legislative Assembly, or
(d) if, being a member of the Legislative Council, the member resigns the office by instrument in writing addressed to the President of the Legislative Council, or
(e) if, being a member of the Legislative Assembly, the member resigns the office by instrument in writing addressed to the Speaker of the Legislative Assembly, or
(f) if the member is discharged from office by the House of Parliament to which the member belongs.
Either House of Parliament may appoint one of its members to fill a vacancy among the members of the Joint Committee appointed by that House.
There is to be a Chair and a Deputy Chair of the Joint Committee, who are to be elected by and from the members of the Joint Committee.
A member of the Joint Committee ceases to hold office as Chair or Deputy Chair of the Joint Committee if—
(a) the member ceases to be a member of the Committee, or
(b) the member resigns the office by instrument in writing presented to a meeting of the Committee, or
(c) the member is discharged from office by the Committee.
At any time when the Chair is absent from New South Wales or is, for any reason, unable to perform the duties of Chair or there is a vacancy in that office, the Deputy Chair may exercise the functions of the Chair under this Act or under the Parliamentary Evidence Act 1901.
The procedure for the calling of meetings of the Joint Committee and for the conduct of business at those meetings is, subject to this Act, to be as determined by the Committee.
The Clerk of the Legislative Assembly is to call the first meeting of the Joint Committee in each Parliament in such manner as the Clerk thinks fit.
At a meeting of the Joint Committee, 4 members constitute a quorum, but the Committee must meet as a joint committee at all times.
The Chair or, in the absence of the Chair, the Deputy Chair (or, in the absence of both the Chair and the Deputy Chair, a member of the Joint Committee elected to chair the meeting by the members present) is to preside at a meeting of the Joint Committee.
The Deputy Chair or other member presiding at a meeting of the Joint Committee has, in relation to the meeting, all the functions of the Chair.
The Chair, Deputy Chair or other member presiding at a meeting of the Joint Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
A question arising at a meeting of the Joint Committee is to be determined by a majority of the votes of the members present and voting.
The Joint Committee may sit and transact business despite any prorogation of the Houses of Parliament or any adjournment of either House of Parliament.
The Joint Committee may sit and transact business on a sitting day of a House of Parliament during the time of sitting.
If a House of Parliament is not sitting when the Joint Committee seeks to furnish a report to it, the Committee may present copies of the report to the Clerk of the House.
The report—
(a) on presentation and for all purposes is taken to have been laid before the House, and
(b) may be printed by authority of the Clerk, and
(c) if printed by authority of the Clerk, is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after receipt of the report by the Clerk.
The Joint Committee has power to send for persons, papers and records.
Subject to section 31H, the Joint Committee must take all evidence in public.
If the Joint Committee as constituted at any time has taken evidence in relation to a matter but the Committee as so constituted has ceased to exist before reporting on the matter, the Committee as constituted at any subsequent time, whether during the same or another Parliament, may consider that evidence as if it had taken the evidence.
The production of documents to the Joint Committee is to be in accordance with the practice of the Legislative Assembly with respect to the production of documents to select committees of the Legislative Assembly.
If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced to, the Joint Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or the person producing the document must—
(a) take the evidence in private, or
(b) direct that the document, or the part of the document, be treated as confidential.
If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to the proposed appointment of a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission, Commissioner for the New South Wales Crime Commission or Inspector of Custodial Services, the Committee must (despite any other provision of this section)—
(a) take the evidence in private, or
(b) direct that the document, or the part of the document, be treated as confidential.
Despite any other provision of this section except subsection (6), the Joint Committee must not, and a person (including a member of the Committee) must not, disclose any evidence or the contents of a document or that part of a document to which subsection (1A) applies.
Maximum penalty—20 penalty units or imprisonment for 3 months, or both.
Despite any other provision of this section except subsection (6), the Joint Committee (including a member of the Committee) must not, and any person assisting the Committee or present during the deliberations of the Committee must not, except in accordance with section 31BA (3), disclose whether or not the Joint Committee or any member of the Joint Committee has vetoed, or proposes to veto, the proposed appointment of a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission, Commissioner for the New South Wales Crime Commission or Inspector of Custodial Services.
Conduct of a public authority where acting as a Commissioner under the Special Commissions of Inquiry Act 1983.
Conduct of a public authority relating to—
(a) the appointment or employment of a person as an officer or employee, and
(b) matters affecting a person as an officer or employee,
unless the conduct—
(c) arises from the making of a public interest disclosure within the meaning of the Public Interest Disclosures Act 2022.
(d), (e) (Repealed)
Conduct of the NSW Police Force or a member of the NSW Police Force.
Conduct of a public authority relating to the investment of any funds.
Conduct of a public authority where the conduct is a decision made by the public authority in the course of the administration of an estate or a trust, being a decision as to the payment or investment of money or the transfer of property.
(Repealed)
Conduct of a public authority for which a complaint may be made to the Privacy Commissioner under—
(a) the Health Records and Information Privacy Act 2002, or
(b) the Privacy and Personal Information Protection Act 1998.
Conduct of a mediator at a mediation session under the Community Justice Centres Act 1983.
Conduct of a public authority where acting as an executive officer of the New South Wales Crime Commission, or as a member of the New South Wales Crime Commission Management Committee, under the Crime Commission Act 2012 (unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Law Enforcement Conduct Commission under the Law Enforcement Conduct Commission Act 2016).
Conduct of the Independent Commission Against Corruption, a Commissioner or an Assistant Commissioner or an officer of the Commission, where exercising functions under the Independent Commission Against Corruption Act 1988, unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Commission under the Independent Commission Against Corruption Act 1988.
Conduct of the Law Enforcement Conduct Commission, or an officer of the Commission, where exercising functions under the Law Enforcement Conduct Commission Act 2016 (unless the conduct relates to a matter referred to the Ombudsman by the Inspector of the Law Enforcement Conduct Commission under the Law Enforcement Conduct Commission Act 2016).
(Repealed)
Conduct of the Legal Services Commissioner or a member of staff of the Commissioner, when exercising functions under Chapter 5 or 7 of the Legal Profession Uniform Law (NSW).
Conduct of a conciliator in relation to the conciliation of a complaint under the Health Care Complaints Act 1993.
(Repealed)
(Section 41)
Audit Office of New South Wales
Office of Local Government
Health Care Complaints Commission
Information Commissioner
Legal Services Commissioner
Ombudsman
President of the Anti-Discrimination Board
Privacy Commissioner
(Section 40)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• Community Services Legislation Amendment Act 2002 (but only to the extent that it amends this Act)
• Child Protection Legislation Amendment Act 2003
• Ombudsman Amendment (Removal of Legal Professional Privilege) Act 2010
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Nothing in the Community Services Legislation Amendment Act 2002 affects the appointment of a person who held office as a Deputy Ombudsman or an Assistant Ombudsman immediately before the substitution of section 8 (1) by that Act.
Subject to any regulations under clause 1, the amendments made to this Act by the Child Protection Legislation Amendment Act 2003 extend to matters arising before the commencement of those amendments, but do not affect any action that is or has been taken by the Ombudsman, or by the head or any employee of an agency, in relation to a matter notified to the Ombudsman before that commencement.
The change to the name of the Joint Committee made by the amendment to section 31A by the Crime Commission Act 2012 does not affect the identity of that Committee or the exercise by that Committee of its functions under this or any other Act.
The amendments to sections 34 and 35 by the Royal Commissions and Ombudsman Legislation Amendment Act 2013 extend to information obtained prior to the commencement of those amendments.
Section 25GA extends to information in relation to an investigation that commenced before the commencement of that section.
Section 25WA extends to information in relation to an investigation that commenced before the commencement of that section.
Section 6, as amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2019, extends to the person who held office as Ombudsman immediately before the commencement of the amendment.
Ombudsman Act 1974 No 68. Assented to 18.10.1974. Date of commencement of Part 3, 12.5.1975, sec 2 (2) and GG No 66 of 9.5.1975, p 1791. This Act has been amended as follows—
No 37 | Privacy Committee Act 1975. Assented to 16.4.1975. Date of commencement, 2.5.1975, sec 2 and GG No 63 of 2.5.1975, p 1752. | |
No 4 | Statutory and Other Offices Remuneration Act 1975. Assented to 7.1.1976. Date of commencement of Sch 5, 2.2.1976, sec 2 (2) and GG No 15 of 30.1.1976, p 398. | |
No 39 | Ombudsman (Amendment) Act 1976. Assented to 13.10.1976. Date of commencement, 1.12.1976, sec 2 and GG No 143 of 5.11.1976, p 4834. | |
No 81 | Ombudsman (Amendment) Act 1978. Assented to 11.9.1978. Date of commencement, 19.2.1979, sec 2 and GG No 27 of 16.2.1979, p 705. | |
No 129 | Ombudsman (Community Justice Centres) Amendment Act 1983. Assented to 20.12.1983. Date of commencement of sec 3, 1.12.1983, sec 2 (2). | |
No 189 | Ombudsman (Amendment) Act 1983. Assented to 31.12.1983. | |
No 193 | Ombudsman (Police Regulation) Amendment Act 1983. Assented to 31.12.1983. Date of commencement of Sch 1, 17.2.1984, sec 2 (2) and GG No 24 of 17.2.1984, p 753. | |
No 153 | Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984. | |
No 118 | Miscellaneous Acts (State Drug Crime Commission) Amendment Act 1985. Assented to 11.12.1985. | |
No 213 | Ombudsman (Police Regulation) Amendment Act 1985. Assented to 10.12.1985. | |
No 212 | Miscellaneous Acts (Public Prosecutions) Amendment Act 1986. Assented to 23.12.1986. Date of commencement of Sch 1, 13.7.1987, sec 2 (2) and GG No 117 of 10.7.1987, p 3860. | |
No 218 | Statute Law (Miscellaneous Provisions) Act (No 2) 1986. Assented to 23.12.1986. | |
No 136 | Ombudsman (Amendment) Act 1987. Assented to 16.6.1987. Date of commencement of sec 3, 4.8.1987, sec 2 (2) and GG No 126 of 31.7.1987, p 4253. | |
No 172 | Ombudsman (Further Amendment) Act 1987. Assented to 26.11.1987. Date of commencement, assent, sec 2. | |
No 35 | Independent Commission Against Corruption Act 1988. Assented to 6.7.1988. Date of commencement, 13.3.1989, sec 2 and GG No 30 of 10.3.1989, p 1332. | |
No 58 | Police Department (Transit Police) Act 1989. Assented to 22.5.1989. Date of commencement, 1.10.1989, sec 2 and GG No 98 of 29.9.1989, p 7770. | |
No 99 | Egg Industry (Repeal and Deregulation) Act 1989. Assented to 8.8.1989. Date of commencement of sec 87, 12.8.1989, sec 2 and GG No 88 of 11.8.1989, p 5261. | |
No 226 | Statute Law (Miscellaneous Provisions) Act (No 3) 1989. Assented to 21.12.1989. Date of commencement of the provisions of Sch 1 relating to the Ombudsman Act 1974, 19.1.1990, Sch 1 and GG No 11 of 19.1.1990, p 378. | |
No 48 | Police and Superannuation Legislation (Amendment) Act 1990. Assented to 26.6.1990. Date of commencement, 1.7.1990, sec 2 and GG No 82 of 29.6.1990, p 5409. | |
No 79 | Ombudsman (Amendment) Act 1990. Assented to 4.12.1990. Date of commencement, 18.1.1991, sec 2 and GG No 16 of 18.1.1991, p 467. | |
No 3 | Ombudsman (Amendment) Act 1991. Assented to 17.4.1991. Date of commencement, 3.5.1991, sec 2 and GG No 67 of 3.5.1991, p 3315. | |
No 15 | Casino Control Act 1992. Assented to 7.5.1992. Date of commencement, 15.5.1992, sec 2 and GG No 60 of 15.5.1992, p 3292. | |
No 43 | Statutory Appointments Legislation (Parliamentary Veto) Amendment Act 1992. Assented to 19.5.1992. Date of commencement, assent, sec 2. | |
No 57 | Statute Law (Miscellaneous Provisions) Act (No 2) 1992. Assented to 8.10.1992. Date of commencement of the provision of Sch 2 relating to the Ombudsman Act 1974, assent, Sch 2. | |
No 9 | HomeFund Commissioner Act 1993. Assented to 4.5.1993. Date of commencement, 10.5.1993, sec 2 and GG No 43 of 7.5.1993, p 2116. | |
No 37 | Ombudsman (Amendment) Act 1993. Assented to 8.6.1993. Date of commencement, 12.7.1993, sec 2 and GG No 78 of 9.7.1993, p 3770. | |
No 38 | Police Service (Complaints, Discipline and Appeals) Amendment Act 1993. Assented to 8.6.1993. Date of commencement of the provisions of Sch 4 relating to the Ombudsman Act 1974, 1.7.1993, sec 2 and GG No 65 of 25.6.1993, p 3074. | |
No 47 | Statute Law (Penalties) Act 1993. Assented to 15.6.1993. Date of commencement, assent, sec 2. | |
No 87 | Legal Profession Reform Act 1993. Assented to 29.11.1993. Date of commencement of Sch 6, 1.7.1994, sec 2 and GG No 78 of 10.6.1994, p 2763. | |
No 105 | Health Care Complaints Act 1993. Assented to 2.12.1993. Date of commencement of the provision of Sch 3 relating to the Ombudsman Act 1974, 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3239. | |
No 9 | Police Service (Complaints) Amendment Act 1994. Assented to 4.5.1994. Date of commencement, assent, sec 2. | |
No 73 | State Bank (Privatisation) Act 1994. Assented to 23.11.1994. Date of commencement of the provision of Sch 2 relating to the Ombudsman Act 1974, 31.12.1994, sec 21 and GG No 179 of 30.12.1994, p 7847. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of the provisions of Sch 1 relating to the Ombudsman Act 1974, assent, Sch 1. | |
No 3 | Parliamentary Committees Legislation Amendment Act 1995. Assented to 30.5.1995. Date of commencement, assent, sec 2. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of Sch 1.88, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 16 | Statute Law (Miscellaneous Provisions) Act 1995. Assented to 15.6.1995. Date of commencement of Sch 3, assent, sec 2. | |
No 99 | Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995. Date of commencement of Sch 1.16, assent, sec 2 (2). | |
No 29 | Police Legislation Amendment Act 1996. Assented to 21.6.1996. Date of commencement of Sch 4, 1.7.1996, sec 2 and GG No 77 of 28.6.1996, p 3285. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 4.38, 4 months after assent, sec 2 (4). | |
No 77 | Administrative Decisions Legislation Amendment Act 1997. Assented to 10.7.1997. Date of commencement of Sch 6.4, 6.10.1998, sec 2 and GG No 143 of 2.10.1998, p 7889. | |
No 147 | Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997. Date of commencement of Sch 2.20, assent, sec 2 (2). | |
No 152 | Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. | |
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 1.13, assent, sec 2 (2). | |
No 123 | Police Service Amendment (Complaints and Management Reform) Act 1998. Assented to 26.11.1998. Date of commencement of Sch 2.1, 8.4.2001, sec 2 and GG No 64 of 6.4.2001, p 1764. | |
No 133 | Privacy and Personal Information Protection Act 1998. Assented to 30.11.1998. Date of commencement of Sch 3.5, 1.6.1999, sec 2 and GG No 63 of 28.5.1999, p 3571. | |
No 148 | Ombudsman Amendment (Child Protection and Community Services) Act 1998. Assented to 8.12.1998. Date of commencement, 7.5.1999, sec 2 and GG No 56 of 7.5.1999, p 3031. | |
No 158 | Children and Young Persons Legislation (Repeal and Amendment) Act 1998. Assented to 14.12.1998. Date of commencement of Sch 2.23, 30.9.2004, sec 2 and GG No 87 of 21.5.2004, p 2922. | |
No 16 | Parliamentary Committees Legislation Amendment Act 1999. Assented to 9.6.1999. Date of commencement, assent, sec 2. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 5, assent, sec 2 (1). | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 1.13, assent, sec 2 (2). | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2001. Assented to 17.7.2001. Date of commencement of Sch 1.9, assent, sec 2 (2). | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 2.26, assent, sec 2 (2). | |
No 42 | Community Services Legislation Amendment Act 2002. Assented to 3.7.2002. Date of commencement, 1.12.2002, sec 2 and GG No 237 of 29.11.2002, p 10061. | |
No 51 | Police Service Amendment (NSW Police) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.8, 12.7.2002, sec 2 (1) and GG No 116 of 12.7.2002, p 5226. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2002. Assented to 29.11.2002. Date of commencement of Sch 1.18, assent, sec 2 (3). | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 1.34, assent, sec 2 (2). | |
No 90 | Child Protection Legislation Amendment Act 2003. Assented to 10.12.2003. Date of commencement of Sch 1, 23.4.2004, sec 2 and GG No 75 of 23.4.2004, p 2135. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 1.15, assent, sec 2 (2). | |
No 6 | Sheriff Act 2005. Assented to 10.3.2005. Date of commencement of Sch 1.3 [1] [3] and [5], 1.7.2005, sec 2 (1) and GG No 77 of 24.6.2005, p 2954; date of commencement of Sch 1.3 [2], 9.1.2006, sec 2 (2) and GG No 157 of 16.12.2005, p 10875; date of commencement of Sch 1.3 [4], 9.1.2006, sec 2 (3) and GG No 157 of 16.12.2005, p 10875. | |
No 46 | Legal Profession Amendment Act 2005. Assented to 23.6.2005. Date of commencement, 1.10.2005, sec 2 and GG No 105 of 19.8.2005, p 4571. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.23, assent, sec 2 (2). | |
No 77 | Defamation Act 2005. Assented to 26.10.2005. Date of commencement, 1.1.2006, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.33, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2, 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 36 | Environmental Planning and Assessment Amendment Act 2008. Assented to 25.6.2008. The amendment was not commenced and was repealed by the Planning Appeals Legislation Amendment Act 2010 No 120. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 1.20, assent, sec 2 (2). | |
No 53 | Government Information (Information Commissioner) Act 2009. Assented to 26.6.2009. Date of commencement, 17.7.2009, sec 2 and 2009 (329) LW 17.7.2009. | |
No 54 | Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (248) LW 18.6.2010. Sch 2.33 [8] was without effect as the provision being amended was amended by the Government Information (Information Commissioner) Act 2009 No 53. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 4, 17.7.2009, sec 2 (1). | |
No 96 | Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009. Assented to 30.11.2009. Date of commencement of Sch 15, 1.9.2011, sec 2 (2) and 2011 (447) LW 26.8.2011. | |
No 9 | Crimes Amendment (Child Pornography and Abuse Material) Act 2010. Assented to 28.4.2010. Date of commencement of Sch 3, 17.9.2010, sec 2 (1) and 2010 (517) LW 10.9.2010. | |
No 54 | Industrial Relations Amendment (Public Sector Appeals) Act 2010. Assented to 28.6.2010. Date of commencement, 1.7.2010, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.19, 9.7.2010, sec 2 (2). | |
No 67 | Children and Young Persons (Care and Protection) Amendment (Children’s Services) Act 2010. Assented to 15.9.2010. Date of commencement, 1.1.2011, sec 2 and 2010 (694) LW 16.12.2010. | |
No 71 | Privacy and Government Information Legislation Amendment Act 2010. Assented to 28.9.2010. Date of commencement, 1.1.2011, sec 2 and 2010 (657) LW 3.12.2010. | |
No 80 | Ombudsman Amendment (Removal of Legal Professional Privilege) Act 2010. Assented to 27.10.2010. Date of commencement, assent, sec 2. | |
No 84 | Protected Disclosures Amendment (Public Interest Disclosures) Act 2010. Assented to 1.11.2010. Date of commencement of Sch 2, 3.3.2011, sec 2 and 2011 (121) LW 3.3.2011. | |
No 97 | Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010. | |
No 4 | Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011. Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011. | |
No 37 | Public Interest Disclosures Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 2, 1.11.2011, sec 2 (1) and 2011 (535) LW 7.10.2011. | |
(587) | Ombudsman Amendment (Audit Office of New South Wales) Proclamation 2011. LW 18.11.2011. Date of commencement, on publication on LW, cl 2. | |
No 70 | Children (Education and Care Services) Supplementary Provisions Act 2011. Assented to 28.11.2011. Date of commencement, 1.1.2012, sec 2 and 2011 (689) LW 23.12.2011. | |
No 51 | Child Protection (Working with Children) Act 2012. Assented to 27.6.2012. |
Date of commencement, 15.6.2013, sec 2 and 2013 (154) LW 26.4.2013. | ||
No 55 | Inspector of Custodial Services Act 2012. Assented to 21.8.2012. Date of commencement, 30.8.2013, sec 2 and 2013 (472) LW 30.8.2013. | |
No 66 | Crime Commission Act 2012. Assented to 24.9.2012. Date of commencement of Sch 5.10, 5.10.2012, sec 2 and 2012 (499) LW 5.10.2012. | |
(515) | Ombudsman Amendment (Crime Commission) Proclamation 2012. LW 10.10.2012. Date of commencement, on publication on LW, cl 2. | |
No 100 | Ombudsman Amendment Act 2012. Assented to 26.11.2012. Date of commencement, assent, sec 2. | |
No 31 | Child Protection Legislation Amendment (Children’s Guardian) Act 2013. Assented to 3.6.2013. Date of commencement, 15.6.2013, sec 2. | |
No 35 | Independent Commission Against Corruption and Other Legislation Amendment Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 41 | Members of Parliament Staff Act 2013. Assented to 25.6.2013. Date of commencement, 24.2.2014, sec 2 and 2014 (56) LW 20.2.2014. | |
No 65 | Royal Commissions and Ombudsman Legislation Amendment Act 2013. Assented to 12.9.2013. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 21 | Ombudsman Amendment (Aboriginal Programs) Act 2014. Assented to 5.6.2014. Date of commencement, 1.7.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.21, 4.7.2014, sec 2 (1). | |
No 41 | Disability Inclusion Act 2014. Assented to 26.8.2014. Date of commencement, 3.12.2014, sec 2 and 2014 (745) LW 28.11.2014. | |
No 68 | Ombudsman and Public Interest Disclosures Legislation Amendment Act 2014. Assented to 28.11.2014. Date of commencement of Sch 1, 5.3.2015, sec 2 (1). | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 12 | Fair Trading Legislation (Repeal and Amendment) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3.6, assent, sec 2 (1). | |
No 29 | Child Protection Legislation Amendment Act 2015. Assented to 28.9.2015. Date of commencement of Sch 5, 2.11.2015, sec 2 and 2015 (619) LW 15.10.2015. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.35 [1] [11]–[13] [15] and [17], 13.1.2017, sec 2 (1) and 2017 (1) LW 13.1.2017; date of commencement of Sch 6.35 [2]–[10], [14], [16] and [18]–[24], 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017; date of commencement of Sch 7.3, assent, sec 2 (2). | |
No 65 | Independent Commission Against Corruption Amendment Act 2016. Assented to 23.11.2016. Date of commencement, 7.8.2017, sec 2 and 2017 (387) LW 4.8.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.13, 14 days after assent, sec 2 (1). | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.12 [1], 31.8.2018, sec 2 and 2018 (490) LW 31.8.2018; date of commencement of Sch 5.12 [2], 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.77[1]–[3], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021; date of commencement of Sch 4.77[4] and [5], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.14, 14 days after assent, sec 2(1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.27, 1.3.2020, sec 2(1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.29, 11.12.2020, sec 2(3). | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2 and 2023 (11) LW 20.1.2023. Amended by Ombudsman Legislation Amendment Act 2022 No 39. Assented to 19.8.2022. Date of commencement, assent, sec 2. | |
No 17 | Voluntary Assisted Dying Act 2022 No 17. Assented to 27.5.2022. Date of commencement, 18 months after assent (i.e. 28.11.2023), sec 2. | |
No 35 | Disability Inclusion Amendment Act 2022. Assented to 1.7.2022. Date of commencement, assent, sec 2. | |
No 36 | Casino Legislation Amendment Act 2022. Assented to 19.8.2022. Date of commencement of Sch 3, 5.9.2022, sec 2(b). | |
No 39 | Ombudsman Legislation Amendment Act 2022. Assented to 19.8.2022. Date of commencement, assent, sec 2. | |
No 67 | Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022. Assented to 25.11.2022. Date of commencement of Sch 2, assent, sec 2(b). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 51 | Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. | |
No 52 | Ombudsman and Other Legislation Amendment Act 2024. Assented to 20.8.2024. Date of commencement, assent, sec 2. | |
No 57 | Government Sector Finance Amendment (Integrity Agencies) Act 2024. Assented to 23.9.2024. Date of commencement, 9.10.2024, sec 2 and 2024 (518) LW 9.10.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.12, assent, sec 2(b). |
This Act has also been amended by proclamations pursuant to secs 14 and 41 (3). Amendments made by proclamations prior to 1.4.2005 are listed only in the Table of amendments.
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act 1995.
Long title | Am 1983 No 189, Sch 2 (1). |
Sec 3 | Am 1976 No 39, Sch 1 (1); 1983 No 193, Sch 1 (1). Rep 1999 No 31, Sch 5.79. |
Sec 5 | Am 1976 No 39, Sch 1 (2); 1978 No 81, Sch 1 (1); 1983 No 189, Schs 1 (1), 2 (2); 1983 No 193, Sch 1 (2); 1986 No 218, Sch 29; 1987 No 136, sec 3; 1989 No 226, Sch 1; 1990 No 79, Sch 1 (1); 1993 No 38, Sch 4; 1994 No 9, Sch 2 (1); 1995 No 11, Sch 1; 1996 No 29, Sch 4 [1]; 1997 No 147, Sch 2.20; 1997 No 152, Sch 4.27; 1998 No 54, Sch 1.13 [1]–[5]; 2005 No 77, Sch 6.12 [1]; 2009 No 96, Sch 15 [1]; 2012 No 66, Sch 5.10 [1]; 2013 No 41, Sch 3.4 [1]–[3]; 2014 No 33, Sch 3.21 [1]–[4]; 2016 No 61, Sch 6.35 [1]–[3]; 2017 No 65, Sch 2.20; 2018 No 63, Sch 3.10; 2018 No 70, Sch 4.77[1] [2]; 2022 No 14, Sch 5[1]; 2024 No 51, Sch 4; 2024 No 52, Sch 1[1] [2]; 2024 No 82, Sch 2.12[1] [2]. |
Sec 5A | Ins 1993 No 37, Sch 1 (1). |
Sec 6 | Am 1976 No 4, Sch 5; 1983 No 189, Sch 2 (3); 1998 No 54, Sch 1.13 [6] [7]; 2002 No 42, Sch 3 [1]; 2014 No 33, Sch 3.21 [5]; 2019 No 14, Sch 1.14[1] [2]. |
Sec 6A | Ins 1992 No 43, Sch 1. |
Sec 7 | Am 1976 No 4, Sch 5; 1993 No 38, Sch 4; 2022 No 39, Sch 1[1]. |
Sec 8 | Am 1983 No 189, Schs 1 (2), 2 (4); 1989 No 226, Sch 1. Subst 1991 No 3, sec 3. Am 2002 No 42, Sch 3 [2]–[4]; 2014 No 21, Sch 1 [1]; 2014 No 33, Sch 3.21 [6]; 2017 No 63, Sch 1.13 [1] [2]; 2022 No 39, Sch 1[2]. |
Sec 8A | Ins 1983 No 189, Sch 1 (3). Subst 1991 No 3, sec 3. Am 2001 No 56, Sch 1.9 [1]; 2002 No 42, Sch 3 [5]; 2020 No 30, Sch 1.29[1]–[3]. |
Sec 8B | Ins 2002 No 42, Sch 3 [6]. |
Sec 9 | Am 1990 No 79, Sch 1 (2). Rep 2020 No 30, Sch 1.29[4]. |
Sec 10 | Am 1975 No 37, sec 26 (a); 1983 No 189, Schs 1 (4), 2 (5); 1983 No 193, Sch 1 (3); 1985 No 213, Sch 1 (1); 1986 No 218, Sch 29; 1987 No 172, sec 3 (a), (b); 1989 No 226, Sch 1; 2001 No 56, Sch 1.9 [1]; 2008 No 62, Sch 1.20; 2020 No 30, Sch 1.29[5]–[8]. |
Sec 10A | Ins 1983 No 189, Sch 1 (5). Am 1990 No 79, Sch 1 (3); 1994 No 95, Sch 1. |
Sec 10B | Ins 1983 No 189, Sch 1 (5). |
Sec 11 | Am 1978 No 81, Sch 1 (2); 1983 No 189, Sch 1 (6); 2002 No 42, Sch 3 [7]. |
Part 3, heading | Am 1994 No 95, Sch 1. |
Sec 11A | Ins 2022 No 39, Sch 1[3]. |
Sec 12 | Am 1976 No 39, Sch 1 (3); 2001 No 56, Sch 1.9 [2]; 2022 No 14, Sch 5[2]; 2022 No 39, Sch 1[4]; 2024 No 52, Sch 1[3]. |
Sec 12A | Ins 2022 No 39, Sch 1[5]. |
Sec 13 | Am 1976 No 39, Sch 1 (4); 1983 No 193, Sch 1 (4); 1989 No 226, Sch 1; 1993 No 38, Sch 4; 2016 No 61, Sch 6.35 [4]; 2022 No 67, Sch 2.3. |
Sec 13AA | Ins 1995 No 99, Sch 1. Am 2001 No 56, Sch 1.9 [3]; 2013 No 35, Sch 3 [1]; 2022 No 39, Sch 1[6]; 2024 No 52, Sch 1[4]. |
Sec 13A | Ins 1994 No 95, Sch 1. Am 2022 No 39, Sch 1[7]. |
Sec 14 | Am 1976 No 39, Sch 1 (5); 1994 No 95, Sch 1; 2009 No 56, Sch 4.48 [1]. |
Sec 15 | Am 1983 No 193, Sch 1 (5); 1993 No 38, Sch 4; 1994 No 95, Sch 1; 2000 No 93, Sch 1.13 [1]; 2016 No 61, Sch 6.35 [5]; 2017 No 63, Sch 1.13 [3]; 2020 No 30, Sch 1.29[9]. |
Sec 16 | Am 1983 No 193, Sch 1 (6); 1993 No 38, Sch 4; 2016 No 61, Sch 6.35 [6]. |
Sec 18 | Am 1983 No 189, Sch 1 (7). Subst 2022 No 39, Sch 1[8]. |
Sec 19 | Am 1989 No 226, Sch 1; 2012 No 100, Sch 1 [1]. |
Sec 19A | Ins 2012 No 100, Sch 1 [2]. Am 2016 No 61, Sch 7.3 [1]; 2022 No 14, Sch 5[3]; 2022 No 39, Sch 1[9]. |
Sec 19B | Ins 2012 No 100, Sch 1 [2]. Am 2016 No 61, Sch 7.3 [2]; 2022 No 14, Sch 5[3]; 2022 No 39, Sch 1[10]. |
Sec 19C | Ins 2012 No 100, Sch 1 [2]. Am 2013 No 35, Sch 3 [2] [3]; 2016 No 61, Sch 7.3 [3]; 2022 No 14, Sch 5[3]. |
Sec 20 | Am 2024 No 52, Sch 1[5] [6]. |
Sec 21 | Subst 1993 No 37, Sch 1 (2). Am 2010 No 80, sec 3 (1); 2013 No 35, Sch 3 [4]. |
Sec 21A | Ins 1993 No 37, Sch 1 (2). Am 2010 No 80, sec 3 (1). |
Sec 21B | Ins 1993 No 37, Sch 1 (2). Rep 2009 No 54, Sch 2.33 [1]. |
Sec 21C (formerly sec 21A) | Ins 1983 No 189, Sch 1 (8). Am 1989 No 226, Sch 1. Renumbered 1993 No 37, Sch 1 (3). |
Sec 22 | Am 1983 No 189, Sch 2 (6); 1989 No 226, Sch 1; 1993 No 37, Sch 1 (4); 2009 No 54, Sch 2.33 [2] [3]; 2015 No 58, Sch 3.66 [1]; 2023 No 35, Sch 4.30. |
Sec 23 | Am 1990 No 79, Sch 1 (4); 1994 No 95, Sch 1; 2002 No 42, Sch 3 [8]. |
Sec 24 | Am 1983 No 193, Sch 1 (6); 1993 No 38, Sch 4; 2016 No 61, Sch 6.35 [7]. |
Sec 25 | Am 1983 No 193, Sch 1 (6); 1993 No 38, Sch 4; 2016 No 61, Sch 6.35 [8]. |
Part 3A | Ins 1998 No 148, Sch 1 [1]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25A | Ins 1998 No 148, Sch 1 [1]. Am 1998 No 158, Sch 2.23; 2000 No 93, Sch 1.13 [2]; 2003 No 90, Sch 1 [1]–[3]; 2009 No 96, Sch 15 [2]; 2010 No 9, Sch 3.4; 2010 No 67, Sch 2.5; 2010 No 97, Sch 2.23; 2011 No 4, Sch 2.25; 2011 No 70, Sch 2.11; 2014 No 33, Sch 3.21 [7]; 2015 No 29, Sch 5 [1]; 2015 No 58, Sch 3.66 [2]; 2018 No 33, Sch 5.12 [1] [2]. Rep 2019 No 25, Sch 5.27[1]. Ins 2022 No 39, Sch 1[11]. |
Sec 25AAA | Ins 2015 No 29, Sch 5 [2]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25B | Ins 1998 No 148, Sch 1 [1]. Am 2003 No 90, Sch 1 [3] [4]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25C | Ins 1998 No 148, Sch 1 [1]. Am 2003 No 90, Sch 1 [3] [5]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25CA | Ins 2003 No 90, Sch 1 [6]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25D | Ins 1998 No 148, Sch 1 [1]. Am 2003 No 40, Sch 1.34 [1]; 2003 No 90, Sch 1 [4]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25DA | Ins 2012 No 51, Sch 4.8. Am 2013 No 31, Sch 3.8 [1] [2]. Rep 2019 No 25, Sch 5.27[1]. |
Secs 25E–25G | Ins 1998 No 148, Sch 1 [1]. Am 2003 No 90, Sch 1 [3]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25GA | Ins 2015 No 29, Sch 5 [3]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25H | Ins 1998 No 148, Sch 1 [1]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25I | Ins 1998 No 148, Sch 1 [1]. Am 2003 No 90, Sch 1 [4]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25J | Ins 1998 No 148, Sch 1 [1]. Rep 2019 No 25, Sch 5.27[1]. |
Sec 25JA | Ins 2017 No 63, Sch 1.13 [4]. Rep 2019 No 25, Sch 5.27[1]. |
Part 3B | Ins 2014 No 21, Sch 1 [2]. |
Sec 25K | Ins 2014 No 21, Sch 1 [2]. Subst 2024 No 52, Sch 1[7]. Am 2024 No 82, Sch 2.12[3]. |
Sec 25L | Ins 2014 No 21, Sch 1 [2]. Am 2024 No 52, Sch 1[8]. |
Sec 25M | Ins 2014 No 21, Sch 1 [2]. Am 2024 No 52, Sch 1[9]. |
Sec 25N | Ins 2014 No 21, Sch 1 [2]. Am 2024 No 52, Sch 1[10]. |
Part 3C | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25O | Ins 2014 No 41, Sch 5.8 [1]. Am 2019 No 25, Sch 5.27[2]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25P | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25Q | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25R | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25S | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25T | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25U | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25V | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25W | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25WA | Ins 2015 No 29, Sch 5 [4]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25X | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Secs 25Y | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25Z | Ins 2014 No 41, Sch 5.8 [1]. Rep 2022 No 35, Sch 2.7[1]. |
Sec 25AA (formerly sec 25A) | Ins 1983 No 193, Sch 1 (7). Am 1993 No 38, Sch 4. Renumbered 1998 No 148, Sch 1 [2]. Rep 2016 No 61, Sch 6.35 [9]. |
Sec 26 | Am 1983 No 189, Sch 2 (7); 1989 No 226, Sch 1; 2014 No 33, Sch 3.21 [8]; 2022 No 39, Sch 1[12]. |
Sec 26A | Ins 1989 No 226, Sch 1. Am 1995 No 11, Sch 1; 2018 No 70, Sch 4.77[3]. |
Sec 27 | Am 1993 No 37, Sch 1 (5). |
Sec 28 | Am 1983 No 189, Sch 2 (8); 1989 No 226, Sch 1; 2014 No 33, Sch 3.21 [8]; 2022 No 39, Sch 1[12]. |
Sec 29 | Am 1983 No 193, Sch 1 (8); 1993 No 38, Sch 4; 2000 No 93, Sch 1.13 [3]; 2016 No 61, Sch 6.35 [10]. |
Sec 30 | Am 1983 No 189, Sch 2 (9). Subst 1993 No 37, Sch 1 (6). Am 2018 No 70, Sch 4.77[4]. |
Sec 30A | Ins 1993 No 37, Sch 1 (6). |
Sec 31 | Am 1993 No 37, Sch 1 (7). |
Sec 31AA | Ins 1993 No 37, Sch 1 (8). |
Sec 31AB | Ins 1993 No 37, Sch 1 (8). Am 2022 No 14, Sch 5[4]–[8]. |
Sec 31AC | Ins 2001 No 56, Sch 1.9 [4]. Am 2003 No 40, Sch 1.34 [2]; 2009 No 54, Sch 2.33 [4]. |
Part 4A | Ins 1990 No 79, Sch 1 (5). |
Sec 31A | Ins 1990 No 79, Sch 1 (5). Am 1996 No 29, Sch 4 [2] [3]; 2009 No 53, Sch 1.2 [1]; 2010 No 71, Sch 4.1 [1]; 2012 No 55, Sch 3.7; 2012 No 66, Sch 5.10 [2] [3]; 2016 No 61, Sch 6.35 [11] [12]. |
Sec 31B | Ins 1990 No 79, Sch 1 (5). Am 1996 No 29, Sch 4 [4]; 2024 No 57, Sch 2.6[1] [2]. |
Sec 31BA | Ins 1992 No 43, Sch 1. Am 1996 No 29, Sch 4 [5] [6]; 2009 No 53, Sch 1.2 [2] [3]; 2010 No 71, Sch 4.1 [2] [3]; 2012 No 66, Sch 5.10 [4] [5]; 2016 No 61, Sch 6.35 [13]–[16]. |
Sec 31C | Ins 1990 No 79, Sch 1 (5). Am 1995 No 3, Sch 3 [1] [2]; 1999 No 16, Sch 1.2 [1] [2]. |
Sec 31D | Ins 1990 No 79, Sch 1 (5). |
Sec 31E | Ins 1990 No 79, Sch 1 (5). Am 2007 No 27, Sch 1.33 [1] [2]. |
Sec 31F | Ins 1990 No 79, Sch 1 (5). Am 1995 No 3, Sch 3 [3]; 1999 No 16, Sch 1.2 [3]; 2007 No 27, Sch 1.33 [1] [2]. |
Sec 31FA | Ins 1994 No 95, Sch 1. |
Sec 31G | Ins 1990 No 79, Sch 1 (5). |
Sec 31H | Ins 1990 No 79, Sch 1 (5). Am 1992 No 43, Sch 1; 1993 No 47, Sch 1; 1996 No 29, Sch 4 [7]; 2005 No 77, Sch 6.12 [2]; 2007 No 27, Sch 1.33 [1]; 2010 No 59, Sch 1.19; 2010 No 71, Sch 4.1 [4]; 2016 No 61, Sch 6.35 [17]; 2022 No 39, Sch 1[13] [14]. |
Secs 31I, 31J | Ins 1990 No 79, Sch 1 (5). |
Part 4B | Ins 2022 No 14, Sch 5[9]. |
Part 4B, Div 1 | Ins 2022 No 14, Sch 5[9]. |
Sec 31K | Ins 2022 No 14, Sch 5[9]. |
Sec 31L | Ins 2022 No 14, Sch 5[9]. |
Sec 31M | Ins 2022 No 14, Sch 5[9]. |
Sec 31N | Ins 2022 No 14, Sch 5[9]. |
Sec 31O | Ins 2022 No 14, Sch 5[9]. |
Sec 31P | Ins 2022 No 14, Sch 5[9]. |
Part 4B, Div 2 | Ins 2022 No 14, Sch 5[9]. |
Sec 31Q | Ins 2022 No 14, Sch 5[9]. |
Sec 31R | Ins 2022 No 14, Sch 5[9]. |
Sec 31S | Ins 2022 No 14, Sch 5[9]. |
Sec 31T | Ins 2022 No 14, Sch 5[9]. |
Sec 31U | Ins 2022 No 14, Sch 5[9]. |
Sec 31V | Ins 2022 No 14, Sch 5[9]. |
Sec 31W | Ins 2022 No 14, Sch 5[9]. |
Sec 31X | Ins 2022 No 14, Sch 5[9]. |
Sec 31Y | Ins 2022 No 14, Sch 5[9]. |
Sec 31Z | Ins 2022 No 14, Sch 5[9]. |
Sec 32 | Am 1983 No 189, Sch 2 (10); 1983 No 193, Sch 1 (9); 1985 No 213, Sch 1 (2); 1987 No 172, sec 3 (c); 1993 No 38, Sch 4; 1998 No 54, Sch 1.13 [6]; 2014 No 33, Sch 3.21 [9]; 2016 No 61, Sch 6.35 [18]; 2020 No 30, Sch 1.29[10]. |
Sec 33 | Am 2015 No 58, Sch 3.66 [3]–[5]. |
Sec 34 | Am 1978 No 81, Sch 1 (3); 1983 No 189, Schs 1 (9), 2 (11); 1983 No 193, Sch 1 (10); 1984 No 153, Sch 16; 1990 No 48, Sch 1; 1990 No 79, Sch 1 (6); 1993 No 38, Sch 4; 1993 No 47, Sch 1; 1998 No 123, Sch 2.1 [1]; 2003 No 40, Sch 1.34 [3] [4]; 2004 No 55, Sch 1.15 [1] [2]; 2005 No 64, Sch 1.23 [1] [2]; 2009 No 54, Sch 2.33 [5]; 2010 No 54, Sch 3.8; 2013 No 65, Sch 3 [1]; 2015 No 58, Sch 3.66 [6]; 2016 No 61, Schs 6.35 [19] [20], 7.3 [4]; 2019 No 25, Sch 5.27[3]. Subst 2022 No 39, Sch 1[15]. Am 2022 No 14, Sch 5[3] (am 2022 No 39, Sch 3[1]) [10] (subst 2022 No 39, Sch 3[2]) [11] (subst 2022 No 39, Sch 3[2]) [11A] (ins 2022 No 39, Sch 3[2]) [12] (subst 2022 No 39, Sch 3[2]). |
Sec 35 | Am 1983 No 189, Sch 1 (10); 1983 No 193, Sch 1 (11); 1990 No 79, Sch 1 (7); 1994 No 95, Sch 1; 1998 No 123, Sch 2.1 [2]; 2005 No 64, Sch 1.23 [3]; 2009 No 54, Sch 2.33 [6] [7]; 2013 No 65, Sch 3 [2]; 2014 No 86, Sch 1; 2016 No 61, Sch 6.35 [21]; 2019 No 14, Sch 1.14[3]; 2022 No 14, Sch 5[13] (subst 2022 No 39, Sch 3[2]) [14]; 2022 No 39, Sch 1[16]. |
Sec 35A | Ins 1983 No 189, Sch 1 (11). Am 1996 No 29, Sch 4 [8]; 2012 No 100, Sch 1 [3]. |
Sec 35B | Ins 1983 No 189, Sch 1 (11). Am 2002 No 42, Sch 3 [9] [10]. |
Sec 35C | Ins 1997 No 77, Sch 6.4. Am 2002 No 42, Sch 3 [11]; 2013 No 95, Sch 2.108 [1]–[3]. |
Sec 35D | Ins 2013 No 95, Sch 10.7. |
Sec 35E | Ins 2017 No 63, Sch 1.13 [5]. |
Sec 36 | Subst 2022 No 39, Sch 1[17]. |
Sec 36A | Ins 2024 No 52, Sch 1[11]. |
Sec 37 | Am 1978 No 81, Sch 1 (4); 1983 No 189, Schs 1 (12), 2 (11) (12); 1993 No 47, Sch 1; 1996 No 29, Sch 4 [9]; 2002 No 42, Sch 3 [12]–[14]; 2020 No 30, Sch 1.29[11] [12]; 2022 No 14, Sch 5[15] (am 2022 No 39, Sch 3[3]) [16] (am 2022 No 39, Sch 3[3]) [17]; 2022 No 39, Sch 1[18]. |
Sec 38 | Subst 1996 No 29, Sch 4 (10). Am 2007 No 94, Schs 2, 4. |
Sec 38AA | Ins 2024 No 52, Sch 1[12]. |
Sec 38A | Ins 2022 No 14, Sch 5[18]. |
Sec 40 | Rep 1999 No 85, Sch 4. Ins 2002 No 42, Sch 3 [15]. |
Part 6 | Ins 2002 No 112, Sch 1.18 [1]. |
Sec 41 | Ins 2002 No 112, Sch 1.18 [1]. Am 2009 No 56, Sch 4.48 [2]. |
Sec 42 | Ins 2002 No 112, Sch 1.18 [1]. Am 2018 No 70, Sch 4.77[5]. |
Sec 43 | Ins 2002 No 112, Sch 1.18 [1]. |
Sec 44 | Ins 2002 No 112, Sch 1.18 [1]. |
Sec 45 | Ins 2002 No 112, Sch 1.18 [1]. |
Sch 1 | Am 1975 No 37, sec 26 (b); 1976 No 39, Sch 1 (6); GG No 14 of 26.1.1979, p 326; GG No 35 of 27.2.1981, p 1081; 1983 No 129, sec 3; 1983 No 189, Sch 1 (13); 1985 No 118, Sch 1; 1986 No 212, Sch 1; 1988 No 35, sec 118; 1989 No 58, sec 39; 1989 No 99, sec 87; GG No 134 of 27.9.1991, p 8326; 1992 No 15, Sch 4; 1992 No 57, Sch 2; 1993 No 9, Sch 2; 1993 No 87, Sch 6; 1993 No 105, Sch 3; 1994 No 9, Sch 2 (2); 1994 No 73, Sch 2; GG No 122 of 6.10.1995, p 7037; 1996 No 121, Sch 4.38; GG No 92 of 12.6.1998, p 4146; 1998 No 133, Sch 3.5; 1998 No 148, Sch 1 [3] [4]; 2001 No 112, Sch 2.26; 2002 No 42, Sch 3 [16]; 2003 No 90, Sch 1 [3]; 2005 No 6, Sch 1.3 [1]–[5]; 2005 No 46, Sch 11.5; 2005 No 64, Sch 1.23 [4]; 2010 No 84, Sch 2.8; 2011 No 37, Sch 2.4; 2012 No 66, Sch 5.10 [6]; 2012 (515), cl 3; 2014 No 41, Sch 5.8 [2]; 2015 No 7, Sch 2.32; 2015 No 12, Sch 3.6; 2016 No 61, Sch 6.35 [22]–[24]; 2016 No 65, Sch 3.8; 2017 No 63, Sch 1.13 [6]; 2019 No 25, Sch 5.27[4]–[6]; 2022 No 14, Sch 5[19]; 2022 No 17, Sch 1A.4[1] [2]; 2022 No 35, Sch 2.7[2] [3]; 2022 No 36, Sch 3.3; 2022 No 39, Sch 1[19]; 2024 No 52, Sch 1[13]. |
Sch 1A | Ins 2002 No 112, Sch 1.18 [2]. Am GG No 128 of 22.8.2003, p 8013; 2009 No 53, Sch 1.2 [4]; 2011 (587), cl 3; 2015 No 58, Sch 3.66 [7] [8]; 2019 No 25, Sch 5.27[7]; 2022 No 39, Sch 1[20]. |
Sch 2 | Ins 2002 No 42, Sch 3 [17]. Am 2003 No 90, Sch 1 [7] [8]; 2010 No 80, sec 3 (2); 2012 No 66, Sch 5.10 [7]; 2012 No 100, Sch 1 [4]; 2013 No 65, Sch 3 [3]; 2015 No 29, Sch 5 [5]; 2019 No 14, Sch 1.14[4]. |
The whole Act | Am 2002 No 51, Sch 2.8 (“the Police Service Act 1990” omitted wherever occurring, “the Police Act 1990” inserted instead). |
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