Ombudsman Act 1976 (Cth)

Ombudsman Act 1976

No. 181, 1976

Compilation No. 61

Compilation date: 15 February 2025

Includes amendments: Act No. 7, 2025

About this compilation

This compilation

This is a compilation of the Ombudsman Act 1976 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for the appointment of a Commonwealth Ombudsman, a Defence Force Ombudsman, a Postal Industry Ombudsman, an Overseas Students Ombudsman, a Private Health Insurance Ombudsman, a VET Student Loans Ombudsman and a National Student Ombudsman, and to define their respective functions and powers

Part IPreliminary 1Short title

This Act may be cited as the Ombudsman Act 1976.

2Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

3Interpretation

(1)
In this Act, unless the contrary intention appears:
ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002.
ACMA means the Australian Communications and Media Authority.
ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act1988.
adult has the same meaning as in the Private Health Insurance Act 2007.
AFP appointee has the same meaning as in the Australian Federal Police Act 1979.
AFP Commissioner means the Commissioner within the meaning of the Australian Federal Police Act 1979.
AFP conduct issue has the same meaning as in the Australian Federal Police Act 1979.
AFP practices issue has the same meaning as in the Australian Federal Police Act 1979.
Agency Head has the same meaning as in the Public Service Act 1999.
alternative dispute resolution process means a procedure or service that:
(a)
is for the resolution of disputes, including mediation and conciliation (but not including arbitration or court processes or services); and
(b)
does not involve the exercise of the judicial power of the Commonwealth.
APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.
Australia Post means the Australian Postal Corporation.
authorized person means:
(a)
a person appointed by the Ombudsman to be an authorized person for the purposes of this Act; or
(b)
a person included in a class of persons appointed by the Ombudsman to be authorized persons for the purposes of this Act.
Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002.
Chief Executive Medicare has the same meaning as in the Private Health Insurance Act 2007.
chief executive officer, in relation to a court or tribunal, means the person holding the office, or performing the duties, of:
(a)
in relation to the High Court—the Chief Executive and Principal Registrar of the Court; or
(b)
in relation to the Federal Court of Australia—the Chief Executive Officer and Principal Registrar of the Court; or
(c)
in relation to the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1); or
(d)
in relation to the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1); or
(e)
in relation to the Administrative Review Tribunal—the Chief Executive Officer and Principal Registrar of the Tribunal; or
(f)
in relation to a court or tribunal declared by the regulations—the office declared by those regulations to be the office of the chief executive officer of the court or tribunal for the purposes of this Act; or
(g)
an office prescribed by the regulations in lieu of an office referred to in paragraph (a), (b), (c), (d) or (e).
Commonwealth‑controlled company means an incorporated company in which the Commonwealth has an interest that enables the Commonwealth:
(a)
to control the composition of the board of directors of the company; or
(b)
to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the company; or
(c)
to control more than one‑half of the issued share capital of the company (excluding any part of that share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth service provider has the meaning given by section 3BA.
complying health insurance policy has the same meaning as in the Private Health Insurance Act 2007.
complying health insurance product has the same meaning as in the Private Health Insurance Act 2007.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional provider means:
(a)
a constitutional corporation; or
(b)
a body corporate that is established by or under a law of the Commonwealth or a Territory.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Department means a Department within the meaning of the Public Service Act 1999, but does not include the branch of the Australian Public Service comprising the transitional staff as defined by section 3 of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.
Department of Defence means the Department administered by the Minister administering section 1 of the Defence Act 1903.
Deputy Ombudsman means a Deputy Commonwealth Ombudsman.
Deputy Ombudsman (Defence Force) means the Deputy Ombudsman who is, by virtue of a notice under subsection 23(1) that is in force, designated as the Deputy Ombudsman (Defence Force).
disclosable conduct has the same meaning as in the Public Interest Disclosure Act 2013.
enactment means, subject to section 3B:
(a)
an Act; or
(b)
an Ordinance of the Australian Capital Territory; or
(c)
an Ordinance of Norfolk Island, of the Territory of Christmas Island or of the Territory of Cocos (Keeling) Islands; or
(d)
an instrument made under an Act or under an Ordinance referred to in paragraph (b) or (c); or
(e)
a law (not being an Act, an Ordinance referred to in paragraph (c) or an instrument referred to in paragraph (d)) in force in Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands;
but does not include the Northern Territory (Self‑Government) Act 1978 or an enactment of the Northern Territory.
enactment of the Northern Territory means:
(a)
a law or Ordinance referred to in paragraph (a) or (b) of the definition of enactment in subsection 4(1) of the Northern Territory (Self‑Government) Act 1978; or
(b)
an instrument (including rules, regulations or by‑laws) made under such a law or Ordinance.
engage in conduct means:
(a)
do an act; or
(b)
omit to do an act.
examiner of ACC has the meaning given by the Australian Crime Commission Act 2002.
excluded action has the meaning given by subsections 21AD(3) and (4).
health care provider has the same meaning as in the Private Health Insurance Act 2007.
Health Department means the Department administered by the Health Minister.
health insurance business has the same meaning as in the Private Health Insurance Act 2007.
Health Minister means the Minister administering the Private Health Insurance Act 2007.
Higher Education Department means the Department administered by the Higher Education Minister.
Higher Education Minister means the Minister administering the TEQSA Act.
higher education officer, of a higher education provider, means a person who:
(a)
is an officer or employee of the provider; or
(b)
performs services for or on behalf of the provider (other than a person covered paragraph (a)).
higher education principal executive officer, of a higher education provider, means the person who has executive responsibility for the operation of the provider.
higher education provider means a constitutional provider that is:
(a)
registered under Part 3 of the TEQSA Act; and
(b)
listed on the National Register of Higher Education Providers under paragraph 198(1)(a) of that Act.
higher education student, of a higher education provider, means:
(a)
a student enrolled in any course of study with the higher education provider (other than a student enrolled only in a VET course with the provider); or
(b)
a prospective student, or a former student, in relation to any course of study (other than a VET course) with the higher education provider.
Note: A course of study includes, for example, an enabling course and a microcredential course.
law enforcement agency has the same meaning as in the Australian Crime Commission Act 2002.
medical practitioner has the same meaning as in the Private Health Insurance Act 2007.
National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.
National Student Ombudsman Rules means rules made under section 21AZL.
officer means:
(a)
in relation to a Department:
(i)
a person (including the principal officer of the Department) employed, whether in a permanent or temporary capacity, in the Department; or
(ii)
any other person (not being a Minister) authorized to exercise powers or perform functions of the Department on behalf of the Department; or
(b)
in relation to a prescribed authority:
(i)
the person who constitutes, or is acting as the person who constitutes, the authority;
(ii)
a person who is, or is acting as, a member of the authority or is a deputy of such a member;
(iii)
a person who is employed in the service of, or is a member of the staff of, the authority, whether or not he or she is employed by the authority; or
(iv)
a person authorized by the authority to exercise any powers or perform any functions of the authority on behalf of the authority.
Note: For the meaning of officer in Parts IIB, IIC and IID, see sections 19G, 19ZF and 20A respectively.
Ombudsman means the Commonwealth Ombudsman.
ombudsman scheme means a scheme providing for the investigation of complaints by consumers about matters relating to decisions or actions of the holders of licences or authorities granted under an enactment.
Ordinance, in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are, an ACT enactment).
Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.
personal information has the same meaning as in the Private Health Insurance Act 2007.
PHI records, of a subject of a complaint under Division 3 of Part IID or an investigation under Division 4 of Part IID, includes any of the following documents that are in the possession, or under the control, of the subject:
(a)
the constitution and rules of the subject, if the subject is a private health insurer;
(b)
the internal training manuals and related documents of the subject;
(c)
any documents relevant to a private health insurance arrangement to which the subject is a party or that applies to the subject;
(d)
to the extent that the complaint or investigation relates to the subject’s dealings with a particular person—the subject’s documents relating to its dealings with that particular person including correspondence, internal memoranda, emails, and recordings of taped conversations;
whenever those documents came into existence.
postal or similar service includes:
(a)
a postal service; and
(b)
a courier service; and
(c)
a packet or parcel carrying service.
PPO (short for Private Postal Operator) means an entity (other than Australia Post) that provides a postal or similar service, whether or not that entity also provides other services.
prescribed authority means:
(a)
a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than:
(i)
an incorporated company or association;
(ii)
a body that has the power to take evidence on oath or affirmation and is required, or is expressly permitted, by an enactment to be constituted by, or to include among its members, a person who is a Justice or Judge of a court created by the Parliament or a person who has, by virtue of an Act, the same status as a Justice or Judge of such a court;
(iii)
a body that, under subsection (2) or the regulations, is not to be taken to be a prescribed authority for the purposes of this Act; and
(v)
a Royal Commission; or
(b)
a Commonwealth‑controlled company that is a prescribed authority by virtue of section 3A; or
(ba)
a body corporate, or an unincorporated body, established by the Governor‑General or by a Minister and declared by the regulations to be a prescribed authority; or
(bb)
a chief executive officer, in relation to a court or tribunal; or
(c)
the person holding, or performing the duties of, an office established by an enactment, other than:
(i)
the chief executive officer, in relation to a court or tribunal, or a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court or tribunal; or
(ii)
a person who, under subsection (3) or the regulations, is not to be taken to be a prescribed authority for the purposes of this Act; or
(d)
the person performing the duties of an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment.
principal officer means:
(a)
in relation to a Department of the Australian Public Service—the person holding, or performing the duties of, the office of Secretary of the Department; or
(c)
in relation to a prescribed authority:
(i)
if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ii)
in any other case—the person who constitutes, or is acting as the person who constitutes, that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present.
Note: For the meaning of principal officer for the purposes of Part IIB, see section 19G.
private health insurance arrangement has the same meaning as in the Private Health Insurance Act 2007.
private health insurance broker has the same meaning as in the Private Health Insurance Act 2007.
Private Health Insurance (Information Disclosure) Rules means rules mentioned in subsection 333‑20(1), table item 16, of the Private Health Insurance Act 2007.
Private Health Insurance Ombudsman Rules means rules made under section 20ZJ.
private health insurance policy has the same meaning as in the Private Health Insurance Act 2007.
private health insurer has the same meaning as in the Private Health Insurance Act 2007.
product has the same meaning as in the Private Health Insurance Act 2007.
registered PPO means a PPO that is registered for the purposes of Part IIB (see section 19ZA).
Note: In certain circumstances, a PPO that is no longer registered for the purposes of Part IIB may still be treated as a registered PPO (see section 19J).
responsible Minister, in relation to a matter, or to action taken in or in relation to a matter, means:
(a)
if a Department of the Australian Public Service is responsible for dealing with the matter—the Minister administering that Department; or
(c)
if a prescribed authority referred to in paragraph (a) of the definition of prescribed authority is responsible for dealing with the matter—the Minister administering the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or
(d)
if a prescribed authority referred to in paragraph (c) of that definition is responsible for dealing with the matter—the Minister administering the enactment by which the office is established; or
(e)
if any other prescribed authority is responsible for dealing with the matter—the Minister declared by the regulations to be the responsible Minister in respect of that authority;
or another Minister acting for and on behalf of that Minister.
restorative engagement process means a facilitated process that:
(a)
is for the purpose of a complainant engaging with a higher education officer of a higher education provider that is the subject of the complainant’s complaint to have the complaint acknowledged; and
(b)
does not involve the exercise of the judicial power of the Commonwealth.
rules, of a private health insurer, has the same meaning as in the Private Health Insurance Act 2007.
Secretary means:
(a)
in relation to a Department—the person who is the Secretary of the Department for the purposes of the Public Service Act 1999; or
(b)
in relation to a Parliamentary Department—the person who is the Secretary of the Parliamentary Department for the purposes of the Parliamentary Service Act 1999.
State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.
takes a reprisal: see section 35D.
taxation law has the same meaning as in the Income Tax Assessment Act 1997.
TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.
TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.
VET course has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
VET loan assistance has the meaning given by subsection 20ZM(4).
VET student means:
(a)
a student enrolled in a course of study with a VET student loan scheme provider; or
(b)
a prospective student, or a former student, in relation to such a course.
VET student loan officer has the meaning given by subsection 20ZS(4).
VET student loan principal executive officer has the meaning given by subsection 20ZS(5).
VET student loan scheme provider means:
(a)
an approved course provider within the meaning of the VET Student Loans Act 2016, including a body that has been (but is no longer) such a provider; or
(b)
a VET provider within the meaning of the Higher Education Support Act 2003, including a body that has been (but is no longer) such a provider.
(2)
An unincorporated body, being a board, council, committee, sub‑committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purpose of this Act, but action taken by the body, or by a person on its behalf, shall, for the purpose of this Act, be deemed to have been taken by that prescribed authority.

(3)
A person shall not be taken to be a prescribed authority by virtue of holding, or performing the duties of:
(a)
an office whose duties the person performs as duties of employment as an officer or employee of a Department or as a member of the staff of a prescribed authority;
(b)
an office of member of a body; or
(c)
an office established by an enactment for the purposes of a prescribed authority;
but any action taken by or on behalf of a person holding, or performing the duties of, such an office shall, for the purposes of this Act, be deemed to have been taken by the Department, body or authority concerned.
(4)
Where:
(a)
a person who is not an officer of a Department, or of a prescribed authority, for the purposes of this Act takes action in the exercise of a power or the performance of a function that the person is authorized to exercise or to perform, as the case may be, by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department; and
(b)
the person does not exercise the power or perform the function by reason of his or her holding, or performing the duties of, an office established by, or in accordance with the provisions of, an enactment or by reason of his or her being a Judge of a court of, or a magistrate of, a State or Territory;
the action shall be deemed to be taken, for the purposes of this Act, by the Department responsible for dealing with the matter in connection with which the action is taken.
(4A)
Notwithstanding subsection (4), where a person is authorized to exercise a power or perform a function by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department otherwise than under an enactment, the regulations may provide that action taken by the person in the exercise of that power or the performance of that function shall not be deemed to be taken, for the purposes of this Act, by the Department responsible for dealing with the matter in connection with which the action is taken.
(4B)
For the purposes of this Act, if:
(a)
a person is not an officer of a Department or prescribed authority; and
(b)
the person is, or is an employee of, a Commonwealth service provider of the Department or prescribed authority under a contract; and
(c)
for the purposes of the contract, the person takes action in the exercise of a power or the performance of a function for or on behalf of the Department or prescribed authority; and
(d)
the person does not exercise the power or perform the function by reason of:
(i)
his or her holding, or performing the duties of, an office established by, or in accordance with the provisions of, an enactment; or
(ii)
his or her being a Judge of a court of, or a magistrate of, a State or Territory; and
(e)
the regulations do not otherwise provide;
the action is taken to be action taken by the Department or prescribed authority.
(5)
For the purposes of this Act, action that is taken by an officer of a Department shall be deemed to be taken by the Department:
(a)
if the officer takes, or purports to take, the action by virtue of his or her being an officer of the Department, whether or not:
(i)
the action is taken for or in connexion with, or as incidental to, the performance of the functions of the Department; or
(ii)
the taking of the action is within the duties of the officer; or
(b)
if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
(5A)
Notwithstanding subsection (5), where the person holding, or performing the duties of, an office established by an enactment is, under the regulations, not to be taken to be a prescribed authority for the purposes of this Act, the regulations may also provide that action taken by an officer of a Department, being action in the furtherance of the duties of that office, shall, for the purposes of this Act, be deemed not to be action taken by that Department.
(6)
For the purposes of this Act, action that is taken by an officer of a prescribed authority shall be deemed to be taken by the authority:
(a)
if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority, whether or not:
(i)
the action is taken for or in connexion with, or as incidental to, the performance of the functions of the prescribed authority; or
(ii)
the taking of the action is within the duties of the officer; or
(b)
if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
(6A)
For the purposes of this Act, action that is taken by a member of the Defence Force shall be deemed to be taken by the Defence Force if the member takes, or purports to take, the action by virtue of his or her being a member of the Defence Force, whether or not:
(a)
the action is taken in connection with, in the course of, or as incidental to, his or her service as a member of the Defence Force; or
(b)
the taking of the action is within his or her duties as a member of the Defence Force.
(6B)
Action taken by any person or persons by way of, or in connection with, the appointment of a person to be the Chief of the Defence Force, the Chief of Navy, the Chief of Army or the Chief of Air Force is not action taken by the Defence Force or by a Department for the purposes of this Act.
(6C)
In this Act (other than subsection (6A)), unless the contrary intention appears, a reference to a member of the Defence Force or of an arm or part of the Defence Force includes a reference to:
(a)
a person who has been a member of the Defence Force or of that arm or part of the Defence Force; or
(b)
a deceased person who was at any time before his or her death a member of the Defence Force or of that arm or part of the Defence Force.
(6D)
For the purposes of this Act, action that is taken by an officer of a registered PPO is taken to have been taken by the registered PPO if the officer takes, or purports to take, the action because he or she is an officer of the registered PPO, whether or not:
(a)
the action is taken for or in connection with, or as incidental to, the provision of a postal or similar service by the registered PPO; or
(b)
the taking of the action is within the duties of the officer.
(6E)
For the purposes of this Act, action that is taken by a person is deemed to be have been taken by a higher education provider if the person takes, or purports to take, the action because the person is the higher education principal executive officer, or a higher education officer, of the provider, whether or not:
(a)
the action is taken for or in connection with, or as incidental to:
(i)
performing services for or on behalf of the provider; or
(ii)
carrying out the person’s powers, duties and functions as an employee in the provider’s service, or as an officer of the provider; or
(b)
the taking of the action is within the person’s duties as the higher education principal executive officer, or a higher education officer, of the provider.
(7)
In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to:
(a)
the making of a decision or recommendation;
(b)
the formulation of a proposal; and
(c)
failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal.
(7A)
In this Act, unless the contrary intention appears, a reference to the Ombudsman of a State shall be read as a reference to a person performing, under a law of the State, functions similar to the functions performed by the Ombudsman.
(7B)
For the purposes of a provision of this Act (other than this subsection) in which a reference to the Ombudsman of a State occurs:
(a)
a reference to a State, in relation to the Ombudsman of a State, shall be read as including a reference to the Australian Capital Territory and a reference to the Northern Territory;
(b)
a reference to a law of a State, in relation to the Ombudsman of a State, shall be read as including a reference to an ACT enactment and a reference to an enactment of the Northern Territory; and
(c)
a reference to a Department or authority of a State, in relation to the Ombudsman of a State, shall be read as including a reference to:
(i)
the Australian Capital Territory; or
(ii)
a Territory authority as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;
as the case requires.
(8)
A reference in this Act to the international relations of the Commonwealth is a reference to the relations of the Commonwealth with the Government of another country or with an international organization.
(9)
For the purposes of this Act, the Australian Federal Police shall be deemed to be a prescribed authority.
(10)
In the application of this Act in relation to the Australian Federal Police, references in this Act to an officer of a prescribed authority shall be read as references to an AFP appointee.
(11)
For the purposes of this Act (other than subsection (6)), the Defence Force shall be deemed to be a prescribed authority.
(12)
In the application of this Act in relation to the Defence Force:
(a)
references in this Act to an officer of a prescribed authority shall be read as references to a member of the Defence Force;
(b)
references in this Act to the principal officer of a prescribed authority shall be read as references to the Chief of the Defence Force; and
(c)
references in this Act to the responsible Minister, in relation to a matter in relation to a prescribed authority, or in relation to action taken by a prescribed authority in or in relation to a matter, shall be read as references to the Minister for Defence or another Minister acting for and on behalf of the Minister for Defence.
(13)
For the purposes of this Act, any matter (including a report) concerning both the Defence Force and the Department of Defence may, by arrangement between the Defence Force Ombudsman, the Chief of the Defence Force and the principal officer of the Department of Defence, be communicated by the Defence Force Ombudsman to either the Chief of the Defence Force or the principal officer of that Department.
(13A)
For the purposes of this Act, the ACC is taken to be a prescribed authority.
(14)
For the purposes of this Act:
(a)
the officers of a court or tribunal (other than the chief executive officer); and
(b)
the members of the staff of the registry or registries of a court or tribunal; and
(c)
officers or employees of a Department, or of an authority of the Commonwealth, whose services are made available to a court or tribunal; and
(d)
persons declared by the regulations to be members of the staff of a court or tribunal for the purposes of this Act;
are to be taken to be members of the staff of the court or tribunal.
(15)
A reference in this section to an officer of a court or tribunal does not include a judge of a court or a member of a tribunal.
(16)
In relation to anything that concerns:
(a)
a chief executive officer, in relation to a court or tribunal; or
(b)
a Parliamentary Department;
a reference to which this subsection applies has effect in accordance with subsection (18).
(17)
Subsection (16) applies to the following references:
(a)
a reference in any of the following provisions to the responsible Minister:
(i)
paragraph 8(7A)(b);
(ii)
subsections 8(8) and (9);
(iii)
paragraph 8(10)(c);
(iv)
subsection 11A(5);
(v)
subparagraphs 35(3)(b)(i) and (ia);
(b)
the reference in paragraph 8(10)(a) to the Minister administering a Department;
(c)
the reference in subsection 15(6) to the Minister concerned.
(18)
A reference to which subsection (16) applies is to be read as follows:
(a)
in the case of the chief executive officer, in relation to a court, the reference is to be read as a reference to the chief justice or chief judge (however described) of the court;
(b)
in the case of the Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal, the reference is to be read as a reference to the President of the Administrative Review Tribunal;
(c)
in the case of the chief executive officer, in relation to a tribunal (other than the Administrative Review Tribunal), the reference is to be read as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member;
(d)
in the case of the Department of the Senate, the reference is to be read as a reference to the President of the Senate;
(e)
in the case of the Department of the House of Representatives, the reference is to be read as a reference to the Speaker;
(f)
in the case of any other Parliamentary Department, the reference is to be read as a reference to the President of the Senate and the Speaker.

3APrescribed authorities: Commonwealth‑controlled companies

(1)
A Commonwealth‑controlled company is a prescribed authority unless:
(a)
it is excluded by subsection (2); or
(b)
under the regulations it is to be taken not to be a prescribed authority.
(2)
Subject to subsection (3), a Commonwealth‑controlled company is excluded for the purposes of paragraph (1)(a) if:
(a)
the company was a Commonwealth‑controlled company immediately before the commencement of Part 6 of the Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994; and
(b)
immediately before that commencement the company was not a prescribed authority for the purposes of this Act as then in force.
(3)
A Commonwealth‑controlled company that, but for this subsection, would be excluded by subsection (2) is not so excluded if the regulations declare that the company is to be taken to be a prescribed authority.

3BCertain legislation relating to Australian Capital Territory not to be enactment

(1)
ACT enactments are not enactments.
(2)
The Australian Capital Territory (Self‑Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments.
(3)
Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X of the Australian Capital Territory Planning and Land Management Act 1988 are not enactments.
(4)
Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment.
(5)
Where part of an Act or Ordinance is not an enactment, an instrument made under the Act or Ordinance, as the case may be, is not an enactment unless made for the purposes of the other part of the Act or Ordinance, as the case may be.

3BACommonwealth service providers

A person is a Commonwealth service provider of a Department or prescribed authority under a contract (the Commonwealth contract) if:
(a)
both of the following apply:
(i)
the person, and the Department or prescribed authority or the Commonwealth, are parties to the Commonwealth contract;
(ii)
for the purposes of the Commonwealth contract, the person is responsible for providing goods or services, for or on behalf of the Department or prescribed authority, to another person who is not a Department or prescribed authority or the Commonwealth; or
(b)
both of the following apply:
(i)
the person, and a person who is (under a previous application of this section) a Commonwealth service provider of the Department or prescribed authority under the Commonwealth contract, are parties to another contract (the subcontract);
(ii)
under the subcontract and for the purposes of the Commonwealth contract, the person is responsible for providing goods or services, for or on behalf of the Department or prescribed authority, to another person who is not a Department or prescribed authority or the Commonwealth.

3CApplication of Act

This Act applies both within and outside Australia and extends to every external Territory.

3DApplication of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIEstablishment, functions, powers and duties of the OmbudsmanDivision 1Establishment and functions4Establishment of offices of Ombudsman and Deputy Ombudsman

(1)
For the purposes of this Act, there shall be:
(a)
a Commonwealth Ombudsman; and
(b)
at least one, and not more than 3, Deputy Commonwealth Ombudsmen.
(2)
The functions of the Commonwealth Ombudsman are to investigate complaints made to him or her under this Act and to perform such other functions as are conferred on him or her by:
(a)
this Act or the regulations; or
(b)
another Act or regulations made under another Act; or
(c)
an ACT enactment or regulations made under an ACT enactment.
(4)
The Commonwealth Ombudsman, in performing his or her functions in relation to immigration (including immigration detention), may, if he or she so chooses, be called the Immigration Ombudsman.
(5)
The Commonwealth Ombudsman, in performing his or her functions in relation to the Australian Federal Police, may, if he or she so chooses, be called the Law Enforcement Ombudsman.

4AThe Office of the Commonwealth Ombudsman

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a)
the following group of persons is a listed entity:
(i)
the Commonwealth Ombudsman;
(ii)
the Deputy Commonwealth Ombudsmen;
(iii)
the staff referred to in subsection 31(1); and
(b)
the listed entity is to be known as the Office of the Commonwealth Ombudsman; and
(c)
the Commonwealth Ombudsman is the accountable authority of the Office of the Commonwealth Ombudsman; and
(d)
the persons referred to in paragraph (a) are officials of the Office of the Commonwealth Ombudsman; and
(e)
the purposes of the Office of the Commonwealth Ombudsman include:
(i)
the functions of the Commonwealth Ombudsman referred to in subsection 4(2) and section 5; and
(ii)
the functions of the Defence Force Ombudsman referred to in section 19C; and
(iii)
the functions of the Postal Industry Ombudsman referred to in section 19M; and
(iv)
the functions of the Overseas Students Ombudsman referred to in section 19ZJ; and
(v)
the functions of the Private Health Insurance Ombudsman referred to in section 20D; and
(vi)
the functions of the VET Student Loans Ombudsman referred to in section 20ZM; and
(vii)
the functions of the National Student Ombudsman referred to in section 21AC.

5Functions of Ombudsman

(1)
Subject to this Act, the Ombudsman:
(a)
shall investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department, or by a prescribed authority, and in respect of which a complaint has been made to the Ombudsman; and
(b)
may, of his or her own motion, investigate any action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department or by a prescribed authority; and
(c)
with the consent of the Minister, may enter into an arrangement under which the Ombudsman will perform functions of an ombudsman under an ombudsman scheme established in accordance with the conditions of licences or authorities granted under an enactment.
(2)
The Ombudsman is not authorized to investigate:
(a)
action taken by a Minister; or
(aa)
action that constitutes proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987; or
(b)
action taken by a Justice or Judge of a court created by the Parliament; or
(ba)
action by the chief executive officer, in relation to a court, or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court:
(i)
when exercising a power of the court; or
(ii)
when performing a function, or exercising a power, of a judicial nature; or
(c)
action taken by:
(i)
a magistrate or coroner for the Australian Capital Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
(ii)
a person who holds office as a magistrate in a State or the Northern Territory in the performance of the functions of a magistrate conferred on him or her by or under an Act; or
(d)
action taken by any body or person with respect to persons employed in the Australian Public Service or the service of a prescribed authority, being action taken in relation to that employment, including action taken with respect to the promotion, termination of appointment or discipline of a person so employed or the payment of remuneration to such a person; or

(e)
action taken by any of the following:
(i)
the Australian Security Intelligence Organisation;
(ii)
the Australian Secret Intelligence Service;
(iii)
the part of the Department of Defence known as the Australian Geospatial‑Intelligence Organisation;
(iv)
the Australian Signals Directorate;
(v)
the part of the Department of Defence known as the Defence Intelligence Organisation;
(vi)
the Office of National Intelligence; or
(g)
action taken by a Department or by a prescribed authority with respect to the appointment of a person to an office or position established by or under an enactment, not being an office or position in the Australian Public Service or an office in the service of a prescribed authority.
(3)
The reference in paragraph (2)(a) to action taken by a Minister does not include a reference to action taken by a delegate of a Minister, and, for the purposes of this subsection, action shall be deemed to have been taken by such a delegate notwithstanding that the action is taken in pursuance of a power that is deemed by a provision of an enactment, when exercised by the delegate, to have been exercised by the Minister.
(3A)
For the purposes of the application of this Act to or in relation to the Ombudsman, action taken by a Department or by a prescribed authority shall not be regarded as having been taken by a Minister by reason only that the action was taken by the Department or authority in relation to action that has been, is proposed to be, or may be, taken by a Minister personally.
(4)
Paragraph (2)(d) does not prevent the Ombudsman from investigating action taken by an AFP appointee, or by any other person, with respect to information that:
(a)
is given to the AFP appointee; and
(b)
raises an AFP conduct issue or AFP practices issue; and
(c)
relates to action taken by another AFP appointee.
(5)
The Ombudsman is not authorised to investigate action taken under:
(a)
a law of Western Australia in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958; or
(b)
a law of Western Australia in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955;
by a person employed by Western Australia.
(6)
The reference in subsection (5) to a person employed by Western Australia includes a reference to:
(a)
a person occupying, or acting in, an office or position under a law of Western Australia; and
(b)
a person employed by a body established by or under a law of Western Australia.
(6A)
The Ombudsman is not authorised to investigate action taken under a law of New South Wales, in its application in Norfolk Island by virtue of the Norfolk Island Act 1979, by a person employed by New South Wales.
(6B)
The reference in subsection (6A) to a person employed by New South Wales includes a reference to:
(a)
a person occupying, or acting in, an office or position under a law of New South Wales; and
(b)
a person employed by a body established by or under a law of New South Wales.
(7)
An arrangement referred to in paragraph (1)(c) may include provision for payment by the other party to the arrangement for the performance of functions by the Ombudsman in accordance with the arrangement.

5APublic interest disclosure functions of Ombudsman

(1)
If:
(a)
a disclosure of information has been, or is required to be, allocated under section 43 of the Public Interest Disclosure Act 2013; and
(b)
some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an agency (within the meaning of that Act); and
(c)
the agency is neither an intelligence agency (within the meaning of that Act) nor the Inspector‑General of Intelligence and Security;
to the extent that the conduct so relates, it is taken, for the purposes of this Act, to be action that relates to a matter of administration.
(2)
For the purposes of the application of this Act to the action:
(a)
the agency is taken to be a prescribed authority; and
(b)
the action is to be treated as if it were action taken by the prescribed authority; and
(c)
a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the agency is taken to be an officer of the prescribed authority; and
(d)
the person who disclosed the information is taken, if the disclosure is allocated to the Ombudsman, to have made a complaint to the Ombudsman in respect of the action.
(3)
It is immaterial whether the disclosable conduct occurred before or after the commencement of this section.

5BTransfer of complaints from the Inspector‑General of Intelligence and Security

A complaint is taken to have been made under this Act in respect of action taken by:
(a)
ACC (except action taken by an examiner of ACC performing functions or exercising powers as an examiner); or
(b)
the Australian Federal Police;
if the Inspector‑General of Intelligence and Security transfers all or part of the complaint to the Ombudsman under section 32AG of the Inspector‑General of Intelligence and Security Act 1986.
Note: A complaint or part of a complaint can also be transferred from the Ombudsman to the Inspector‑General of Intelligence and Security under section 6F of this Act.

6Discretion not to investigate certain complaints

(1)
Where a complaint has been made to the Ombudsman with respect to action taken by a Department or by a prescribed authority, the Ombudsman may, in his or her discretion, decide not to investigate the action or, if he or she has commenced to investigate the action, decide not to investigate the action further:
(a)
if the Ombudsman is satisfied that the complainant became aware of the action more than 12 months before the complaint was made to the Ombudsman; or
(b)
if, in the opinion of the Ombudsman:
(i)
the complaint is frivolous or vexatious or was not made in good faith;
(ii)
the complainant does not have a sufficient interest in the subject matter of the complaint; or
(iii)
an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.
(1A)
Where a person who makes a complaint to the Ombudsman with respect to action taken by a Department or by a prescribed authority has not complained to the Department or authority with respect to that action, the Ombudsman may, in his or her discretion, decide not to investigate the action until the complainant so complains to the Department or authority.
(1B)
Where a person who makes a complaint to the Ombudsman with respect to action taken by a Department or prescribed authority has complained to the Department or authority with respect to that action, the Ombudsman may, in his or her discretion, decide not to investigate the action unless and until the complainant informs the Ombudsman that no redress has been granted or that redress has been granted but the redress is not, in the opinion of the complainant, adequate.
(1C)
Where:
(a)
a person who has made a complaint to the Ombudsman with respect to action taken by a Department or by a prescribed authority and who has complained to the Department or authority with respect to that action informs the Ombudsman as provided by subsection (1B) that no redress, or no adequate redress, has been granted by the Department or authority; and
(b)
the Ombudsman is of the opinion:
(i)
if no redress has been granted—that, since the complainant complained to the Department or authority, a reasonable period has elapsed in which redress could have been granted; or
(ii)
if redress has been granted—that the redress was not reasonably adequate;
the Ombudsman shall, subject to this section, investigate the action.
(2)
Where a complainant has exercised, or exercises, a right to cause action to which his or her complaint relates to be reviewed by a court or by a tribunal constituted by or under an enactment, the Ombudsman shall not investigate, or continue to investigate, as the case may be, the action unless the Ombudsman is of the opinion that there are special reasons justifying the investigation of the action or the investigation of the action further.
(3)
Where the Ombudsman is of the opinion that a complainant has or had a right to cause the action to which the complaint relates to be reviewed by a court or by a tribunal constituted by or under an enactment but has not exercised that right, the Ombudsman may decide not to investigate the action or not to investigate the action further, as the case may be, if he or she is of the opinion that, in all the circumstances, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.
(4)
Where, before the Ombudsman commences, or after the Ombudsman has commenced, to investigate action taken by a Department or by a prescribed authority, being action that is the subject matter of a complaint, the Ombudsman becomes of the opinion that adequate provision is made under an administrative practice for the review of action of that kind taken by that Department or prescribed authority, the Ombudsman may decide not to investigate the action or not to investigate the action further, as the case may be:
(a)
if the action has been, is being or is to be reviewed under that practice at the request of the complainant; or
(b)
if the Ombudsman is satisfied that the complainant is entitled to cause the action to be reviewed under that practice and it would be reasonable for the complainant to cause it to be so reviewed.
(4D)
Where, before the Ombudsman commences, or after the Ombudsman has commenced, to investigate action taken by a Department or by a prescribed authority, being action that is the subject matter of a complaint, the Ombudsman becomes of the opinion that:
(a)
a complaint with respect to the action has been, or could have been, made by the complainant to the ACMA under Part 26 of the Telecommunications Act 1997; and
(b)
the action could be more conveniently or effectively dealt with by the ACMA;
the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and, if the Ombudsman so decides, the Ombudsman shall:
(c)
transfer the complaint to the ACMA;
(d)
forthwith give notice in writing to the complainant stating that the complaint has been so transferred; and
(e)
give to the ACMA any information or documents that relate to the complaint and are in the possession, or under the control, of the Ombudsman.
(4E)
A complaint transferred under subsection (4D) shall be taken to be a complaint made to the ACMA under Part 26 of the Telecommunications Act 1997.
(5)
Where a complaint is made to the Ombudsman by a complainant at the request of another person or of a body of persons, this section applies as if references to the complainant were references to the person or the body of persons at whose request the complaint is made.
(6)
If the Ombudsman forms the opinion:
(a)
that a complaint relates to action of a prescribed authority that is a national broadcasting service for the purposes of the Broadcasting Services Act 1992; and
(b)
that the complaint could have been made to the ACMA under Part 11 of the Broadcasting Services Act 1992 and could be more conveniently or effectively dealt with by the ACMA;
the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and to transfer the complaint to the ACMA.
(7)
If the Ombudsman makes a decision under subsection (6), the Ombudsman must:
(a)
transfer the complaint to the ACMA as soon as is reasonably practicable; and
(b)
give the ACMA any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ACMA.
(8)
A complaint transferred under subsection (7) is to be taken to be a complaint made under Part 11 of the Broadcasting Services Act 1992.
(9)
If the Ombudsman forms the opinion:
(a)
that a complaint could have been made under the Public Service Act 1999; and
(b)
that the complaint could be more conveniently or effectively dealt with by the Australian Public Service Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Australian Public Service Commissioner.
(10)
If the Ombudsman makes a decision under subsection (9), the Ombudsman must:
(a)
transfer the complaint to the Australian Public Service Commissioner as soon as is reasonably practicable; and
(b)
give the Australian Public Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Australian Public Service Commissioner.
(11)
In considering whether to make a decision under subsection (9) relating to a complaint that includes an allegation of misconduct by an Agency Head, the Ombudsman must consult with the Australian Public Service Commissioner.
(11A)
If the Ombudsman forms the opinion:
(a)
that a complaint could have been made under the Parliamentary Service Act 1999; and
(b)
that the complaint could be more conveniently or effectively dealt with by the Parliamentary Service Commissioner;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Parliamentary Service Commissioner.
(11B)
If the Ombudsman makes a decision under subsection (11A), the Ombudsman must:
(a)
transfer the complaint to the Parliamentary Service Commissioner as soon as is reasonably practicable; and
(b)
give the Parliamentary Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Parliamentary Service Commissioner.
(11C)
In considering whether to make a decision under subsection (11A) relating to a complaint that includes an allegation of misconduct by the Secretary of a Parliamentary Department, the Ombudsman must consult with the Parliamentary Service Commissioner.
(12)
If the Ombudsman forms the opinion that action in respect of which a complaint has been made relates to a commercial activity of a Department or prescribed authority, the Ombudsman may decide not to investigate the complaint, or to cease investigating the complaint, as the case may be.
(13)
If the Ombudsman forms the opinion:
(a)
that a complaint relates to action taken by a Department or a prescribed authority; and
(b)
that the complaint could be more conveniently or effectively dealt with by the industry ombudsman for a particular industry;
the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and to transfer the complaint to that industry ombudsman.
(14)
If the Ombudsman makes a decision under subsection (13), the Ombudsman must:
(a)
transfer the complaint to the industry ombudsman as soon as is reasonably practicable; and
(b)
give the industry ombudsman such information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman as the Ombudsman believes are reasonably necessary to enable the industry ombudsman to deal effectively with the complaint; and
(c)
as soon as is reasonably practicable, give the complainant written notice of the transfer of the complaint.
(15)
For the purposes of subsection (13), the industry ombudsman for a particular industry is the person holding, or acting in, the office or appointment declared by the regulations to be the office or appointment the holder of which is the ombudsman for that industry.
(20)
If the Ombudsman forms the opinion:
(a)
that a complaint includes information about an AFP conduct issue or an AFP practices issue; and
(b)
that the information could have been given under section 40SA of the Australian Federal Police Act 1979 and the issue could be more conveniently or effectively dealt with under Part V of that Act;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to give the information to the AFP Commissioner under that section of that Act.
(21)
If the Ombudsman makes a decision under subsection (20), the Ombudsman must:
(a)
give the information to the AFP Commissioner under section 40SA of the Australian Federal Police Act 1979 as soon as is reasonably practicable; and
(b)
give the AFP Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the AFP Commissioner to be dealt with under that Act.

6ATransfer of complaints about ACC

(1)
If:
(a)
the Ombudsman forms the opinion that:
(i)
a complaint in respect of action taken by the ACC could have been made to another authority established under a law of the Commonwealth, a State or a Territory; and
(ii)
the complaint could be more conveniently or effectively dealt with by the other authority; and
(b)
the other authority can deal with the complaint if the Ombudsman transfers the complaint to the other authority;
the Ombudsman may (subject to subsection (3)) decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the other authority.
(2)
If the Ombudsman decides to transfer the complaint, the Ombudsman must:
(a)
do so as soon as is reasonably practicable; and
(b)
subject to section 35B, give the other authority any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the other authority.
(3)
However, the Ombudsman must not, under this section, transfer a complaint or part of a complaint to the Inspector‑General of Intelligence and Security.
Note: The Ombudsman may transfer a complaint or part of a complaint made in relation to action taken by ACC to the Inspector‑General of Intelligence and Security under section 6F.

6BTransfer of complaints about National Anti‑Corruption Commissioner

(1)
If:
(a)
the Ombudsman forms the opinion that:
(i)
a complaint in respect of action taken by the National Anti‑Corruption Commissioner could have been made to another authority established under a law of the Commonwealth, a State or a Territory; and
(ii)
the complaint could be more conveniently or effectively dealt with by the other authority; and
(b)
the other authority can deal with the complaint if the Ombudsman transfers the complaint to the other authority;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the other authority.
(2)
If the Ombudsman decides to transfer the complaint, the Ombudsman must:
(a)
do so as soon as is reasonably practicable; and
(b)
subject to section 35C, give the other authority any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the other authority.

6CTransfer of complaints to Information Commissioner

Scope
(1)
This section applies if the Ombudsman is satisfied of either of the following:
(a)
that:
(i)
a complainant has complained, or could complain, to the Information Commissioner about an action taken by a Department or prescribed authority under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982; and
(ii)
the action could be more appropriately or effectively dealt with by the Information Commissioner;

(b)
a complaint about an action taken by a Department or prescribed authority has been the subject of a completed investigation by the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982.
Requirement to consult with Information Commissioner
(2)
The Ombudsman:
(a)
must consult the Information Commissioner about the complaint with a view to avoid inquiries being conducted into that matter by both the Information Commissioner and the Ombudsman; and
(b)
may decide not to investigate the action, or not to continue to investigate the action.
Transfer to Information Commissioner
(3)
If the Ombudsman decides not to investigate, or not to continue to investigate, an action under paragraph (2)(b), the Ombudsman must:
(a)
transfer the complaint to the Information Commissioner; and
(b)
notify the complainant in writing that the complaint has been transferred; and
(c)
give the Information Commissioner any information or documents that relate to the complaint in the possession, or under the control of, the Ombudsman.
(4)
A complaint transferred under subsection (3) is taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982, as the case requires.

6DTax administration matters and transfer of complaints to Inspector‑General of Taxation

Ombudsman not to investigate action relating to tax administration
(1)
The Ombudsman must not investigate action that the Inspector‑General of Taxation can investigate under paragraph 7(1)(a) or (b) of the Inspector‑General of Taxation Act 2003 (tax administration action).
Exception—transferred complaints
(2)
However, the Ombudsman may investigate tax administration action that:
(a)
is the subject of a part of a complaint transferred to the Ombudsman under paragraph 10(2)(b) of the Inspector‑General of Taxation Act 2003; or
(b)
is the subject of a part of a complaint that the Inspector‑General of Taxation advises, under paragraph (3)(b) of this section, does not need to be transferred under subsection (3); or
(c)
is also action relating to a matter of administration under:
(i)
the Public Interest Disclosure Act 2013; or
(ii)
the Freedom of Information Act 1982; or
(iii)
another Act (other than a taxation law) prescribed by regulations made for the purposes of this paragraph.
Note: Subsection (1) does not apply to any part of a complaint that is not in respect of tax administration action.
Transferring complaints to the Inspector‑General of Taxation
(3)
The Ombudsman must transfer the following to the Inspector‑General of Taxation:
(a)
a complaint made to the Ombudsman that is wholly in respect of tax administration action;
(b)
if part of a complaint made to the Ombudsman is in respect of tax administration action—that part of the complaint, unless the Inspector‑General advises otherwise.
(4)
For a complaint made to the Ombudsman that is only partly in respect of tax administration action, the Ombudsman:
(a)
must consult the Inspector‑General of Taxation about the complaint or about complaints of that kind; and
(b)
may transfer to the Inspector‑General the part of the complaint that is not in respect of tax administration action if the Ombudsman is satisfied that the whole complaint could be more appropriately or effectively dealt with by the Inspector‑General of Taxation.
(5)
The Ombudsman must, for each complaint (or part of a complaint) transferred to the Inspector‑General of Taxation:
(a)
notify the complainant in writing of that transfer; and
(b)
give the Inspector‑General of Taxation any related information or documents that are:
(i)
in the Ombudsman’s possession; or
(ii)
under the Ombudsman’s control.
(6)
For the purposes of the Inspector‑General of Taxation Act 2003 (other than subsection 10(1) or (2) of that Act), a complaint (or part of a complaint) transferred under this section is taken to be a complaint made to the Inspector‑General of Taxation under that Act.
Note: A similar provision for transferring to the Ombudsman complaints made to the Inspector‑General is contained in section 10 of the Inspector‑General of Taxation Act 2003. Subsection 10(4) of that Act deems transferred complaints to be complaints made to the Ombudsman under this Act.

6ETransfer of complaints to the Australian Small Business and Family Enterprise Ombudsman

(1)
If:
(a)
the Ombudsman forms the opinion that:
(i)
a complaint could have been made to the Australian Small Business and Family Enterprise Ombudsman (the ASBFE Ombudsman); and
(ii)
the complaint could be more conveniently or effectively dealt with by the ASBFE Ombudsman; and
(b)
under the Australian Small Business and Family Enterprise Ombudsman Act 2015, the ASBFE Ombudsman has the power to deal with the complaint;
the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, and to transfer the complaint to the ASBFE Ombudsman.
(2)
The Ombudsman must not make a decision under subsection (1) unless:
(a)
the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with the complaint; or
(b)
the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with a particular class of complaints, and the complaint is one of that class.
(3)
If the Ombudsman makes a decision under subsection (1), the Ombudsman must:
(a)
transfer the complaint to the ASBFE Ombudsman as soon as is reasonably practicable; and
(b)
give the ASBFE Ombudsman any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and
(c)
as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ASBFE Ombudsman.
(4)
The Australian Small Business and Family Enterprise Ombudsman Act 2015 applies to the complaint, once transferred, as if a request for assistance had been made to the ASBFE Ombudsman under that Act on the day on which the complaint is transferred.
(5)
If a complaint is transferred to the ASBFE Ombudsman under this section, the complaint is taken to be a formal request for assistance made to the ASBFE Ombudsman under the Australian Small Business and Family Enterprise Ombudsman Act 2015.

6FTransfer of complaints to the Inspector‑General of Intelligence and Security

(1)
This section applies if the Ombudsman forms the opinion that:
(a)
a complainant has complained, or could complain, to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986 in relation to action taken by:
(i)
ACC (except action taken by an examiner of ACC performing functions or exercising powers as an examiner); or
(ii)
the Australian Federal Police; and
(b)
the complaint could be more appropriately or effectively dealt with by the Inspector‑General of Intelligence and Security.
Requirement to consult with Inspector‑General of Intelligence and Security
(2)
The Ombudsman:
(a)
must consult the Inspector‑General of Intelligence and Security about the complaint or the part of the complaint that relates to the action; and
(b)
may decide not to investigate the action, or not to continue to investigate the action.
Transfer to Inspector‑General of Intelligence and Security
(3)
If the Ombudsman decides not to investigate, or not to continue to investigate, an action under paragraph (2)(b), and the Inspector‑General of Intelligence and Security agrees to the transfer of the complaint or the part of the complaint, the Ombudsman must:
(a)
transfer the complaint or part to the Inspector‑General of Intelligence and Security; and
(b)
as soon as is reasonably practicable, take reasonable steps to give the complainant written notice that the complaint or part has been transferred; and
(c)
give the Inspector‑General of Intelligence and Security any information or documents relating to the complaint or part that are in the possession, or under the control, of the Ombudsman.
Relationship with other provisions
(4)
This section does not limit the power of the Ombudsman to transfer a complaint or part of a complaint to the Inspector‑General of Intelligence and Security under another provision of this Act or any other Act.
(5)
Subsection 35(2) does not prevent the Ombudsman, or an officer acting on behalf of the Ombudsman, from giving information or documents under paragraph (3)(c) of this section.

6GTransfer of information to the National Anti‑Corruption Commissioner or the Inspector

(1)
This section applies if the Ombudsman forms the opinion that a complaint raises:
(a)
a corruption issue that is likely to involve corrupt conduct that is serious or systemic; or
(b)
a NACC corruption issue.
(2)
The Ombudsman may:
(a)
decide to refer the information the subject of the complaint to the National Anti‑Corruption Commissioner or the Inspector, as the case requires; and
(b)
decide:
(i)
to investigate the complaint, or to investigate the complaint further; or
(ii)
not to investigate the complaint, or not to investigate the complaint further.
(3)
If the Ombudsman decides to refer the information to the National Anti‑Corruption Commissioner or the Inspector, the Ombudsman must:
(a)
refer the information as soon as is reasonably practicable; and
(b)
include with the referral all information relevant to the corruption issue or the NACC corruption issue that is in the Ombudsman’s possession or control at the time the referral is made; and
(c)
as soon as is reasonably practicable, give the complainant written notice of the following:
(i)
that the information has been referred to the National Anti‑Corruption Commissioner or the Inspector;
(ii)
the Ombudsman’s decision on whether to investigate, or continue to investigate, the complaint; and
(d)
if the Ombudsman subsequently becomes aware of any further information that is relevant to the issue—give the National Anti‑Corruption Commissioner or the Inspector the further information as soon as is reasonably practicable.
(4)
The Ombudsman is not required to provide information to the National Anti‑Corruption Commissioner or the Inspector under subsection (3) if:
(a)
the Ombudsman has reasonable grounds to believe the National Anti‑Corruption Commissioner or the Inspector is already aware of the information; or
(b)
the National Anti‑Corruption Commissioner or the Inspector has advised the Ombudsman that the provision of the information is not required.
(5)
In this section:
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
Inspector means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.
NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.

7Complaints

(1)
Subject to subsection (2), a complaint under this Act may be made to the Ombudsman orally or in writing.
(2)
Where a complaint is made orally to the Ombudsman, the Ombudsman may reduce the complaint to writing or at any time require the complainant to reduce the complaint to writing and, where the Ombudsman makes such a requirement of a complainant, the Ombudsman may decline to investigate the complaint, or to investigate the complaint further, until the complainant reduces the complaint to writing.
(3)
A person who is detained in custody is entitled:
(a)
upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with his or her detention:
(i)
to be provided with facilities for preparing a complaint in writing under this Act, for furnishing in writing to the Ombudsman, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and
(ii)
to have sent to the Ombudsman, without undue delay, a sealed envelope delivered by him or her to any such person and addressed to the Ombudsman; and
(b)
to have delivered to him or her, without undue delay, any sealed envelope, addressed to him or her and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with his or her detention.
(4)
Where a sealed envelope addressed to the Ombudsman is delivered by a person detained in custody to a person referred to in subsection (3) for sending to the Ombudsman, or a sealed envelope addressed to a person so detained and sent by the Ombudsman comes into the possession or under the control of a person referred to in that subsection, neither the person in whose custody the first‑mentioned person is detained nor any other person performing duties in connection with his or her detention is entitled to open the envelope or to inspect any document enclosed in the envelope.
(5)
For the purposes of subsections (3) and (4), the Ombudsman may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Ombudsman to persons detained in custody in that State or Territory.

7APreliminary inquiries

Ombudsman may make preliminary inquiries
(1)
Where a complaint has been made to the Ombudsman with respect to action taken by a Department or by a prescribed authority or it appears to the Ombudsman that the Ombudsman may, under paragraph 5(1)(b), investigate action so taken, the Ombudsman may, for the purpose of:
(a)
determining whether or not the Ombudsman is authorized to investigate the action; or
(b)
if the Ombudsman is authorized to investigate the action—determining whether or not the Ombudsman may, in his or her discretion, decide not to investigate the action;
make inquiries of the principal officer of the Department or prescribed authority or, if an arrangement with the principal officer of the Department or authority is in force under subsection (2), of such officers as are referred to in the arrangement.
Disclosure of information
(1A)
Subsections (1B), (1C), (1D) and (1E) apply if:
(a)
the Ombudsman requests the principal officer, or (if applicable) an officer referred to in the arrangement, to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or
(b)
the principal officer, or (if applicable) an officer referred to in the arrangement, reasonably believes that information or a document or other record would assist the Ombudsman to make a determination under subsection (1).
(1B)
If the officer:
(a)
gives the information to the Ombudsman or produces the document or record to the Ombudsman; and
(b)
by doing so:
(i)
contravenes any other enactment; or
(ii)
might tend to incriminate the officer or make the officer liable to a penalty; or
(iii)
discloses a legal advice given to a Minister, a Department or a prescribed authority; or
(iv)
discloses a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or
(v)
otherwise acts contrary to the public interest;
the information or the production of the document or record is not admissible in evidence against the officer in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
(1C)
The officer is not liable to any penalty under the provisions of any other enactment by reason of his or her giving the information to the Ombudsman or producing the document or record to the Ombudsman.
(1D)
For the purposes of the Privacy Act 1988, the giving of the information to the Ombudsman or the production of the document or record to the Ombudsman is taken to be authorised by this Act.
(1E)
Subsection (1B) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information, document or record.
Arrangements with Departments and prescribed authorities
(2)
The Ombudsman may from time to time make with the principal officer of a Department or of a prescribed authority an arrangement with respect to the officers of whom all inquiries, or inquiries included in a class or classes of inquiries specified in the arrangement, are to be made by the Ombudsman in pursuance of subsection (1) with respect to action that has been or is taken by the Department or authority.

8Investigations

Ombudsman must inform of investigation
(1)
The Ombudsman shall, before commencing an investigation under this Act of action taken by a Department or by a prescribed authority, inform the principal officer of the Department or of the authority that the action is to be investigated.
(1A)
The Ombudsman may from time to time make with the principal officer of a Department or of a prescribed authority an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform that principal officer that he or she proposes to investigate action taken by the Department or authority, being action included in a class or classes of actions specified in the arrangement.
Investigations to be in private
(2)
An investigation under this Act shall be conducted in private and, subject to this Act, in such manner as the Ombudsman thinks fit.
Disclosure of information
(2A)
Subsections (2B), (2C), (2D) and (2E) apply if:
(a)
either:
(i)
for the purposes of an investigation under this Act (whether or not the investigation has been completed), the Ombudsman requests a person to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or
(ii)
a person reasonably believes that information or a document or other record is relevant to an investigation under this Act (whether or not the investigation has been completed); and
(b)
any of the following apply:
(i)
the person obtained the information, document or record in the course of the person’s duties as the principal officer of a Department or prescribed authority, and the person is still the principal officer of the Department or prescribed authority;
(ii)
the person obtained the information, document or record in the course of the person’s duties as the principal officer of a Department or prescribed authority, the person is no longer the principal officer of the Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the person to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;
(iii)
the person obtained the information, document or record in the course of the person’s duties as an officer (other than as the principal officer) of a Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the officer to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;
(iv)
the person obtained the information, document or record lawfully but not in the course of the person’s duties as an officer (including as the principal officer) of a Department or prescribed authority.
(2B)
If the person:
(a)
gives the information to the Ombudsman or produces the document or record to the Ombudsman; and
(b)
by doing so:
(i)
contravenes any other enactment; or
(ii)
might tend to incriminate the person or make the person liable to a penalty; or
(iii)
discloses a legal advice given to a Minister, a Department or a prescribed authority; or
(iv)
discloses a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or
(v)
otherwise acts contrary to the public interest;
the information or the production of the document or record is not admissible in evidence against the person in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.
(2C)
The person is not liable to any penalty under the provisions of any other enactment by reason of his or her giving the information to the Ombudsman or producing the document or record to the Ombudsman.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
No requirement to prove matters related to a complaint
(5)
In a prosecution for an offence against this section, it is not necessary to prove that the second person:
(a)
has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
(b)
may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
(c)
proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
(d)
could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act.
Note 1: The offences against subsections (1) and (2) relate to whether the first person has taken a reprisal (within the meaning of section 35D) against another person.
Note 2: The offence against subsection (1) relates to a reprisal that consists of causing detriment to another person. The offence against subsection (2) relates to a reprisal that involves a threat to cause detriment to another person.
Note 3: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness (see subsection 5.4(4) of the Criminal Code).

36Offences

(1)
A person shall not refuse or fail:
(a)
to attend before the Ombudsman;
(b)
to be sworn or make an affirmation;
(ba)
to furnish or publish information; or
(c)
to answer a question or produce a document or record; or
(d)
to give a report;
when so required in pursuance of this Act.
Penalty: Imprisonment for 3 months or 10 penalty units.
(2A)
Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
(3)
A reference in this section to the Ombudsman includes a reference to a Deputy Ombudsman.

37Protection from civil actions

Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person by reason of any of the following acts done in good faith:
(a)
the making of a complaint to the Ombudsman under this Act;
(b)
the making of a statement to, or the furnishing of a document or information to, a person, being an officer within the meaning of section 35, for the purposes of this Act, whether or not the statement was made, or the document or information was furnished, in pursuance of a requirement under section 9 or an order under section 11A;
(c)
the provision of reasonable facilities and assistance for the effective exercise of a power under section 14 or 14A (including that section as applied by another provision of this Act).

38Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing matters in connexion with fees and expenses of witnesses appearing before the Ombudsman.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Ombudsman Act 1976	181, 1976	13 Dec 1976	1 July 1977 (see Gazette 1977, No. S115)
Ombudsman Amendment Act 1978	63, 1978	22 June 1978	1 July 1978	s. 11
Ombudsman Amendment Act 1979	107, 1979	25 Oct 1979	2 June 1979	—
Australian Federal Police (Consequential Amendments) Act 1979	155, 1979	28 Nov 1979	19 Oct 1979 (see s. 2 and Gazette 1979, No. S206)	—
Statute Law Revision Act 1981	61, 1981	12 June 1981	Sch 1: 12 June 1981 (s 2(1))	—
Ombudsman Amendment Act 1983	61, 1983	12 Oct 1983	ss. 3, 4(2), 6, 20, 21 and 30: 5 Dec 1983 (see Gazette 1983, No. S305) Remainder: Royal Assent	s. 30
Public Service Reform Act 1984	63, 1984	25 June 1984	s 151(9) and Sch 4: 1 July 1984 (s 2(4) and gaz 1984, No S245)	s 151(9)
as amended by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985	193, 1985	16 Dec 1985	s 16: 16 Dec 1985 (s 2(1)) Sch 1: 1 July 1984 (s 2(11))	s 16
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	Sch 1: 3 July 1985 (s 2(1))	—
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986	168, 1986	18 Dec 1986	s 5(1) and Sch 1: 18 Dec 1986 (s 2(1))	s 5(1)
A.C.T. Self‑Government (Consequential Provisions) Act 1988	109, 1988	6 Dec 1988	Sch 5: 11 May 1989 (s 2(3) and gaz 1989, No S164)	—
Privacy Act 1988	119, 1988	14 Dec 1988	1 Jan 1989 (see Gazette 1988, No. 399)	—
Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989	63, 1989	19 June 1989	ss. 1 and 2: Royal Assent Part 5 (ss. 17, 18): 30 June 1989 (see s. 2(3) and Gazette 1989, No. S216) Remainder: 1 July 1989 (see Gazette 1989, No. S230)	—
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991	99, 1991	27 June 1991	Part 1 (ss. 1, 2): Royal Assent s. 24 and Part 5 (s. 26): 1 Feb 1992 (see s. 2(3) and Gazette 1992, No. S32) Remainder: 1 July 1991	—
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	ss. 4(1), 10(b) and 15–20: 1 Dec 1988 ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	—
Prime Minister and Cabinet Legislation Amendment Act 1991	199, 1991	18 Dec 1991	18 Dec 1991	—
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992	94, 1992	30 June 1992	s. 3: 1 July 1990 Remainder: Royal Assent	—
Qantas Sale Act 1992	196, 1992	21 Dec 1992	Sch (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) Sch (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324)	s 2(6)
as amended by
Qantas Sale Amendment Act 1993	60, 1993	3 Nov 1993	10 Mar 1993 (s 2)	—
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	Schedule (item 17): 16 Dec 1994 (s 2(1))	—
Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994	33, 1994	15 Mar 1994	s 18–27: 15 Mar 1994 (2(1))	s 27(2)
Employment Services (Consequential Amendments) Act 1994	177, 1994	19 Dec 1994	ss. 1, 2(1), (3) and 3–8: 19 Dec 1994 (see s. 2(1)) ss. 2(2) and 32–39: Royal Assent Remainder: 1 Jan 1995 (see s. 2(3) and Gazette 1994, No. S472)	s. 13
Taxation Laws Amendment Act (No. 1) 1995	120, 1995	25 Oct 1995	Schedule 1 (item 58): 23 Nov 1994 (see s. 2(2)) Schedule 2 (items 8–13): 1 July 1994 Remainder: Royal Assent	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Sch 2 (item 78): 3 July 1985 (s 2(2)) Sch 4 (item 117) and Sch 5 (items 109–111): 25 Oct 1996 (s 2(1))	—
Defence Legislation Amendment Act (No. 1) 1997	1, 1997	19 Feb 1997	Sch 2 (items 47, 86, 112): 19 Feb 1997 (s 2(1))	—
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997	59, 1997	3 May 1997	Sch 1 (items 40–42): 1 July 1997 (s 2(2)(d))	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Sch 1 (items 711–717): 5 Dec 1999 (s 2(1)(2))	—
Federal Magistrates (Consequential Amendments) Act 1999	194, 1999	23 Dec 1999	Sch 21: 23 Dec 1999 (s 2(1))	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 308, 309, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Prime Minister and Cabinet Legislation Amendment (Application of Criminal Code) Act 2001	49, 2001	21 June 2001	19 July 2001	s. 4
National Crime Authority Legislation Amendment Act 2001	135, 2001	1 Oct 2001	Schedules 1–7 and 9–12: 12 Oct 2001 (see Gazette 2001, No. S428) Schedule 8: 13 Oct 2001 (see Gazette 2001, No. S428) Remainder: Royal Assent	—
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001	Sch. 1 (item 97)
Statute Law Revision Act 2002	63, 2002	3 July 2002	Sch 1 (item 24): 25 Oct 1996 (s 2(1) item 19)	—
Australian Crime Commission Establishment Act 2002	125, 2002	10 Dec 2002	Schedule 2 (items 84–98, 226): 1 Jan 2003	Sch. 2 (item 226)
Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005	45, 2005	1 Apr 2005	Sch 3 (items 3, 4): 6 Oct 2006 (s 2(1) item 5) Sch 3 (items 5–8) and Sch 4: 1 July 2005 (s 2(1) items 6–8) Sch 3 (items 9–11): 6 Oct 2006 (s 2(1) item 9)	Sch 4
as amended by
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Sch 2 (items 2–4): 1 Apr 2005 (s 2(1) item 29)	—
Migration and Ombudsman Legislation Amendment Act 2005	141, 2005	12 Dec 2005	Sch 2 (items 2–25): 12 Dec 2005 (s 2(1) item 3) Sch 2 (items 28–31): 6 Oct 2006 (s 2(1) item 6)	—
Postal Industry Ombudsman Act 2006	25, 2006	6 Apr 2006	Sch 1 (items 1–14, 20(1), 21): 6 Oct 2006 (s 2(1) item 2) Sch 2 (items 1, 2): 26 July 2001 (s 2(1) items 3, 4) Sch 2 (item 3): 5 Dec 1999 (s 2(1) item 5) Sch 2 (item 4): 11 May 1989 (s 2(1) item 6) Sch 2 (item 5): 12 Oct 2001 (s 2(1) item 7)	Sch 1 (items 20(1), 21)
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006	84, 2006	30 June 2006	Schedule 3 (items 46–64): 30 Dec 2006 (see s. 2(1))	—
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006	86, 2006	30 June 2006	Schedule 1 (items 41–47): 30 Dec 2006 (see s. 2(1))	—
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008	26, 2008	23 June 2008	Schedule 1 (items 98–101): Royal Assent	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) item 38)	—
Freedom of Information Amendment (Reform) Act 2010	51, 2010	31 May 2010	Sch 4 (items 59–64, 66, 67) and Sch 7: 1 Nov 2010 (s 2(1) item 7)	Sch 4 (items 66, 67) and Sch 7
Territories Law Reform Act 2010	139, 2010	10 Dec 2010	Sch 1 (items 241, 242): 10 June 2011 (s 2(1) item 9)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 1 (items 70–86): 22 March 2011 (s 2(1) item 2) Sch 6 (item 130): 19 Apr 2011 (s 2(1) item 17)	—
Education Services for Overseas Students Legislation Amendment Act 2011	11, 2011	8 Apr 2011	Sch 2 (items 1–4, 8, 9): 9 Apr 2011 (s 2(1) item 2)	Sch 2 (items 8, 9)
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 894–900) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12)	Sch 3 (items 10, 11)
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011	58, 2011	28 June 2011	Sch 1 (items 123, 124): 1 July 2011 (s 2(1) item 2)	—
Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012	9, 2012	20 Mar 2012	Sch 5 (items 6, 7, 8(2)): 1 July 2012 (s 2(1) item 15)	Sch 5 (item 8(2))
Privacy Amendment (Enhancing Privacy Protection) Act 2012	197, 2012	12 Dec 2012	Sch 5 (item 68) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16)	Sch 6 (items 1, 15–19)
Public Service Amendment Act 2013	2, 2013	14 Feb 2013	Sch 3 (items 5, 6): 1 July 2013 (s 2(1) item 2)	—
Courts and Tribunals Legislation Amendment (Administration) Act 2013	7, 2013	12 Mar 2013	Sch 2 (items 24–28): 1 July 2013 (s 2(1) item 3)	Sch 2 (items 25–28)
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Schedule 1 (item 460): 12 Apr 2013 (see s. 2(1))	—
Public Interest Disclosure (Consequential Amendments) Act 2013	134, 2013	15 July 2013	Sch 1 (items 6–17): 15 Jan 2014 (see s 2(1))	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 6 (item 64), Sch 11 (items 16–25) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
Tax and Superannuation Laws Amendment (2014 Measures No. 7) Act 2015	21, 2015	19 Mar 2015	Sch 2 (items 33–35, 44–46): 1 May 2015 (s 2(1) item 3)	Sch 2 (items 44–46)
Private Health Insurance Amendment Act 2015	57, 2015	26 May 2015	Sch 1 (items 1–13, 25–31): 1 July 2015 (s 2(1) item 2) Sch 2 (items 2, 3): 26 May 2015 (s 2(1) item 3)	Sch 1 (items 25–31) and Sch 2 (items 2, 3)
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (items 280–292): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Act 2015	87, 2015	26 June 2015	Sch 1 (item 178): 1 July 2015 (s 2(1) item 3) Sch 2: 27 June 2015 (s 2(1) item 9)	Sch 2
Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015	124, 2015	10 Sept 2015	Sch 1: 10 Mar 2016 (s 2(1) item 2) Remainder: 10 Sept 2015 (s 2(1) items 1, 3)	Sch 2
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 462): 5 Mar 2016 (s 2(1) item 2)	—
Courts Administration Legislation Amendment Act 2016	24, 2016	18 Mar 2016	Sch 5 (items 25–27): 1 July 2016 (s 2(1) item 7) Sch 5 (item 32): 1 Jan 2018 (s 2(1) item 8) Sch 6: 18 Mar 2016 (s 2(1) item 9)	Sch 6
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 1 (items 349, 350): 21 Oct 2016 (s 2(1) item 1)	—
Education and Other Legislation Amendment Act (No. 1) 2017	31, 2017	12 Apr 2017	Sch 1 (items 1–6): 1 July 2017 (s 2(1) item 2)	—
Home Affairs and Integrity Agencies Legislation Amendment Act 2018	31, 2018	9 May 2018	Sch 2 (items 135–139, 284): 11 May 2018 (s 2(1) items 3, 7)	Sch 2 (item 284)
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018	67, 2018	29 June 2018	Sch 2 (item 26): 29 Dec 2018 (s 2(1) item 3)	—
Private Health Insurance Legislation Amendment Act 2018	101, 2018	21 Sept 2018	Sch 3 and 4: 22 Sept 2018 (s 2(1) items 3, 4)	Sch 3 (items 8, 9) and Sch 4
Higher Education Support Amendment (VET FEE‑HELP Student Protection) Act 2018	160, 2018	10 Dec 2018	Sch 1 (items 7–9): 1 Jan 2019 (s 2(1) item 2) Sch 2 (item 8): 1 Jan 2020 (s 2(1) item 3)	Sch 1 (item 9)
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 646–658): 1 Sept 2021 (s 2(1) item 5)	—
Telecommunications Legislation Amendment (International Production Orders) Act 2021	78, 2021	23 July 2021	Sch 1 (items 13A, 13B): 24 July 2021 (s 2(1) item 2)	—
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021	98, 2021	3 Sept 2021	Sch 2 (items 84–91): 4 Sept 2021 (s 2(1) item 3)	—
National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022	89, 2022	12 Dec 2022	Sch 1 (items 125–151): 1 July 2023 (s 2(1) item 2)	—
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023	53, 2023	11 Aug 2023	Sch 1 (items 18, 19): 12 Aug 2023 (s 2(1) item 1)	—
Inspector‑General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023	73, 2023	20 Sept 2023	Sch 1 (item 194) and Sch 3 (item 2): 21 Sept 2023 (s 2(1) items 2, 5)	Sch 3 (item 2)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 6 (items 3–6, 14): 14 Oct 2024 (s 2(1) item 2)	—
Universities Accord (National Student Ombudsman) Act 2024	139, 2024	10 Dec 2024	Sch 1 (items 1–9, 11, 15, 16): 1 Feb 2025 (s 2(1) item 2) Sch 1 (items 17, 18): awaiting commencement (s 2(1) item 3)	Sch 1 (items 15, 16)
Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Act 2025	7, 2025	14 Feb 2025	Sch 1 (items 1–14, 17–29, 31): 15 Feb 2025 (s 2(1) items 2, 3, 5) Sch 1 (item 30): awaiting commencement (s 2(1) item 4)	Sch 1 (item 31)

Endnote 4Amendment history

Provision affected	How affected
Title...........................................	rs No 61, 1983
am No 25, 2006; No 11, 2011; No 57, 2015; No 31, 2017; No 139, 2024
Part I
s 3.............................................	am No 63, 1978; No 107, 1979; No 155, 1979; No 61, 1983; No 63, 1984 (as am by No 193, 1985); No 168, 1986; No 109, 1988; No 199, 1991; No 196, 1992; No 33, 1994; No 177, 1994; No 43, 1996; No 1, 1997; No 146, 1999; No 194, 1999; No 135, 2001; No 63, 2002; No 125, 2002; No 45, 2005; No 141, 2005; No 25, 2006; No 84, 2006; No 5, 2011; No 58, 2011; No 7, 2013; No 13, 2013; No 134, 2013; No 21, 2015; No 57, 2015; No 59, 2015; No 24, 2016; No 31, 2017; No 13, 2021; No 98, 2021; No 89, 2022; No 53, 2023; No 38, 2024; No 139, 2024
s 3AB........................................ Renumbered s 3A........................	ad No 33, 1994 No 49, 2001
s 3AA........................................ Renumbered s 3B........................	ad No 109, 1988 No 49, 2001
s 3BA........................................	ad No 141, 2005
s 3A........................................... Renumbered s 3C........................

ad No 61, 1983 No 49, 2001
s 3D...........................................	ad No 49, 2001
Part II
Division 1
s 4.............................................	am No 61, 1983; No 199, 1991; No 33, 1994; No 120, 1995; No 141, 2005; No 84, 2006; No 139, 2010; No 21, 2015; No 59, 2015
s 4A...........................................	ad No 62, 2014
am No 57, 2015; No 31, 2017; No 139, 2024
s 5.............................................	am No 63, 1978; No 155, 1979; No 61, 1983; No 199, 1991; No 33, 1994; No 177, 1994; No 146, 1999; No 135, 2001; No 125, 2002; No 84, 2006; No 86, 2006; No 5, 2011; No 59, 2015; No 13, 2021; No 89, 2022; No 53, 2023
s 5A...........................................	ad No 134, 2013
s 5B...........................................	ad No 98, 2021
am No 73, 2023
s 6.............................................	am No 61, 1983; No 168, 1986; No 119, 1988; No 63, 1989; No 99, 1991; No 199, 1991; No 33, 1994; No 177, 1994; No 59, 1997; No 146, 1999; No 45, 2005; No 25, 2006; No 84, 2006; No 86, 2006; No 51, 2010; No 5, 2011; No 2, 2013; No 134, 2013; No 89, 2022, No 7, 2025
s 6A...........................................	ad No 135, 2001
am No 125, 2002; No 98, 2021
s 6B...........................................	ad No 86, 2006
am No 89, 2022
s 6C...........................................	ad No 51, 2010
s 6D...........................................	ad No 21, 2015
s 6E...........................................	ad No 124, 2015
s 6F...........................................	ad No 98, 2021
s 6G...........................................	ad No 89, 2022
s 7.............................................	rs No 61, 1983
am No 199, 1991
s 7A...........................................	ad No 61, 1983
am No 168, 1986; No 199, 1991; No 141, 2005; No 197, 2012
s 8.............................................	am No 61, 1983; No 199, 1991; No 33, 1994; No 43, 1996; No 141, 2005; No 84, 2006; No 197, 2012; No 134, 2013
s 8A...........................................	ad No 61, 1983
am No 199, 1991; No 84, 2006
s 8B...........................................	ad No 135, 2001
am No 125, 2002
s 8C...........................................	ad No 86, 2006
am No 89, 2022
s 8D...........................................	ad No 84, 2006
s 9.............................................	am No 63, 1978; No 61, 1983; No 168, 1986; No 109, 1988; No 199, 1991; No 137, 2000; No 135, 2001; No 125, 2002; No 141, 2005; No 86, 2006; No 89, 2022
s 10............................................	am No 61, 1983; No 199, 1991; No 38, 2024
s 10A.........................................	ad No 199, 1991
am No 38, 2024
s 11............................................	am No 61, 1983
rs No 199, 1991
am No 38, 2024
s 11A.........................................	ad No 61, 1983
am No 199, 1991; No 141, 2005
s 12............................................	rs No 61, 1983
am No 199, 1991
s 13............................................	am No 199, 1991; No 33, 1994
s 14............................................	am No 168, 1986; No 199, 1991; No 141, 2005; No 31, 2018; No 67, 2018, No 7, 2025
s 14A.........................................	ad No 7, 2025
Division 2
s 15............................................	am No 61, 1983; No 199, 1991
s 16............................................	am No 199, 1991; No 33, 1994; No 31, 2018; No 13, 2021; No 38, 2024
s 17............................................	am No 199, 1991; No 33, 1994
s 18............................................	rs No 63, 1978
rep No 61, 1983
ad No 199, 1991
s 19............................................	am No 63, 1978; No 107, 1979; No 61, 1983; No 168, 1986; No 109, 1988; No 199, 1991; No 141, 2005; No 51, 2010
rs No 62, 2014
Part IIA
Part IIA......................................	ad No 61, 1983
s 19A.........................................	ad No 61, 1983
rep No 168, 1986
s 19B.........................................	ad No 61, 1983
s 19C.........................................	ad No 61, 1983
am No 199, 1991; No 141, 2005; No 59, 2015
s 19D.........................................	ad No 61, 1983
am No 199, 1991
s 19E.........................................	ad No 61, 1983
am No 168, 1986; No 199, 1991
s 19F..........................................	ad No 61, 1983
am No 25, 2006; No 62, 2014
s 19FA......................................	ad No 62, 2014
Part IIB
Part IIB......................................	ad No 25, 2006
Division 1
s 19G.........................................	ad No 25, 2006
s 19H.........................................	ad No 25, 2006
s 19J..........................................	ad No 25, 2006
s 19K.........................................	ad No 25, 2006
Division 2
s 19L.........................................	ad No 25, 2006
s 19M........................................	ad No 25, 2006
am No 141, 2005
s 19N.........................................	ad No 25, 2006
s 19P..........................................	ad No 25, 2006
s 19Q.........................................	ad No 25, 2006
Division 3
s 19R.........................................	ad No 25, 2006
am No 141, 2005; No 51, 2010; No 5, 2011; No 62, 2014, No 7, 2025
s 19S..........................................	ad No 25, 2006
s 19T.........................................	ad No 25, 2006
s 19U.........................................	ad No 25, 2006
s 19V.........................................	ad No 25, 2006
s 19W........................................	ad No 25, 2006
s 19X.........................................	ad No 25, 2006
rs No 62, 2014
s 19Y.........................................	ad No 25, 2006
s 19Z.........................................	ad No 25, 2006
Division 4
s 19ZA.......................................	ad No 25, 2006
s 19ZB.......................................	ad No 25, 2006
s 19ZC.......................................	ad No 25, 2006
s 19ZD.......................................	ad No 25, 2006
am No 8, 2010
Division 5
s 19ZE.......................................	ad No 25, 2006
am No 45, 2005; No 126, 2015
Part IIC
Part IIC......................................	ad No 11, 2011
Division 1
s 19ZF.......................................	ad No 11, 2011
s 19ZG.......................................	ad No 11, 2011
s 19ZH.......................................	ad No 11, 2011
Division 2
s 19ZI........................................	ad No 11, 2011
s 19ZJ........................................	ad No 11, 2011
am No 9, 2012
s 19ZK.......................................	ad No 11, 2011
am No 9, 2012
s 19ZL.......................................	ad No 11, 2011
Division 3
s 19ZM......................................	ad No 11, 2011
am No 62, 2014, No 7, 2025
s 19ZN.......................................	ad No 11, 2011
s 19ZO.......................................	ad No 11, 2011
s 19ZP.......................................	ad No 11, 2011
s 19ZQ.......................................	ad No 11, 2011
s 19ZR.......................................	ad No 11, 2011
s 19ZS.......................................	ad No 11, 2011
rs No 62, 2014
s 19ZT.......................................	ad No 11, 2011
s 19ZU.......................................	ad No 11, 2011
Part IID
Part IID......................................	ad No 57, 2015
Division 1
s 20............................................	ad No 57, 2015
s 20A.........................................	ad No 57, 2015
s 20B.........................................	ad No 57, 2015
Division 2
s 20C.........................................	ad No 57, 2015
s 20D.........................................	ad No 57, 2015
Division 3
Subdivision A
s 20E.........................................	ad No 57, 2015
s 20F..........................................	ad No 57, 2015
s 20G.........................................	ad No 57, 2015
Subdivision B
s 20H.........................................	ad No 57, 2015
s 20J..........................................	ad No 57, 2015
s 20K.........................................	ad No 57, 2015
s 20L.........................................	ad No 57, 2015
s 20M........................................	ad No 57, 2015
Subdivision C
s 20N.........................................	ad No 57, 2015
Subdivision D
s 20P..........................................	ad No 57, 2015
Subdivision E
s 20Q.........................................	ad No 57, 2015
s 20R.........................................	ad No 57, 2015
Subdivision F
s 20S..........................................	ad No 57, 2015
Division 3A
Division 3A................................	ad No 101, 2018
Subdivision A
s 20SA.......................................	ad No 101, 2018
Subdivision B
s 20SB.......................................	ad No 101, 2018
Division 4
Subdivision A
s 20T.........................................	ad No 57, 2015
s 20TA.......................................	ad No 101, 2018
Subdivision B
s 20U.........................................	ad No 57, 2015
s 20V.........................................	ad No 57, 2015
s 20W........................................	ad No 57, 2015
Division 4A
Division 4A................................	ad No 7, 2025
s 20WA......................................	ad No 7, 2025
Division 5
s 20X.........................................	ad No 57, 2015
s 20Y.........................................	ad No 57, 2015
s 20Z.........................................	ad No 57, 2015
s 20ZA.......................................	ad No 57, 2015
s 20ZB.......................................	ad No 57, 2015
s 20ZC.......................................	ad No 57, 2015
Division 6
s 20ZD.......................................	ad No 57, 2015
s 20ZE.......................................	ad No 57, 2015
s 20ZF.......................................	ad No 57, 2015
Division 7
s 20ZG.......................................	ad No 57, 2015
am No 101, 2018
Division 8
s 20ZH.......................................	ad No 57, 2015
s 20ZHA....................................	ad No 101, 2018
s 20ZHB....................................	ad No 101, 2018
s 20ZI........................................	ad No 57, 2015
s 20ZIA......................................	ad No 101, 2018
s 20ZJ........................................	ad No 57, 2015
s 20ZK.......................................	ad No 57, 2015
am No 89, 2022
ed C57
am No 7, 2025
Part IIE
Part IIE......................................	ad No 31, 2017
Division 1
s 20ZL.......................................	ad No 31, 2017
s 20ZM......................................	ad No 31, 2017
am No 160, 2018
s 20ZN.......................................	ad No 31, 2017
Division 2
s 20ZO.......................................	ad No 31, 2017
s 20ZP.......................................	ad No 31, 2017
s 20ZQ.......................................	ad No 31, 2017
s 20ZR.......................................	ad No 31, 2017
Division 3
s 20ZS.......................................	ad No 31, 2017
am No 89, 2022
ed C57
am No 7, 2025
s 20ZT.......................................	ad No 31, 2017
Division 4
s 20ZU.......................................	ad No 31, 2017
s 20ZV.......................................	ad No 31, 2017
s 20ZW......................................	ad No 31, 2017
s 20ZX.......................................	ad No 31, 2017
am No 160, 2018
s 20ZY.......................................	ad No 31, 2017
s 20ZZ.......................................	ad No 31, 2017
Division 5
s 20ZZA.....................................	ad No 31, 2017
s 20ZZB.....................................	ad No 31, 2017
Part IIF
Part IIF......................................	ad No 139, 2024
Division 1
s 21AA......................................	ad No 139, 2024
Division 2
s 21AB.......................................	ad No 139, 2024
s 21AC.......................................	ad No 139, 2024
Division 3
Subdivision A
s 21AD......................................	ad No 139, 2024
s 21AE.......................................	ad No 139, 2024
Subdivision B
s 21AF.......................................	ad No 139, 2024
s 21AG......................................	ad No 139, 2024
s 21AH......................................	ad No 139, 2024
s 21AJ........................................	ad No 139, 2024
Subdivision C
s 21AK......................................	ad No 139, 2024
s 21AL.......................................	ad No 139, 2024
Subdivision D
s 21AM......................................	ad No 139, 2024
s 21AN......................................	ad No 139, 2024
s 21AP.......................................	ad No 139, 2024
s 21AQ......................................	ad No 139, 2024
Subdivision E
s 21AR.......................................	ad No 139, 2024
s 21AS.......................................	ad No 139, 2024
Division 4
s 21AT.......................................	ad No 139, 2024
s 21AU......................................	ad No 139, 2024
Division 5
s 21AV......................................	ad No 139, 2024
s 21AW......................................	ad No 139, 2024
s 21AX......................................	ad No 139, 2024
s 21AY......................................	ad No 139, 2024
Division 6
Subdivision A
s 21AZ.......................................	ad No 139, 2024
s 21AZA....................................	ad No 139, 2024
s 21AZB....................................	ad No 139, 2024
Subdivision B
s 21AZC....................................	ad No 139, 2024
am No 139, 2024, No 7, 2025
Subdivision C
s 21AZD....................................	ad No 139, 2024
Division 7
s 21AZE.....................................	ad No 139, 2024
s 21AZF.....................................	ad No 139, 2024
s 21AZG....................................	ad No 139, 2024
s 21AZH....................................	ad No 139, 2024
s 21AZJ.....................................	ad No 139, 2024
s 21AZK....................................	ad No 139, 2024
s 21AZL.....................................	ad No 139, 2024
Part III
Division 1
s 20............................................	renum No 57, 2015
s 20ZL (prev s 20).......................	renum No 31, 2017
s 21A (prev s 20ZL)
s 22............................................	am No 199, 1991; No 43, 1996; No 159, 2001
s 23............................................	am No 63, 1978; No 61, 1983; No 109, 1988
s 24............................................	am No 168, 1986; No 43, 1996
s 25............................................	rs No 122, 1991
am No 146, 1999
s 26............................................	am No 199, 1991
s 28............................................	am No 61, 1981; No 61, 1983; Nos 122 and 199, 1991
s 28A.........................................	ad No 94, 1992
am No 26, 2008
s 28B.........................................	ad No 94, 1992
am No 26, 2008; No 58, 2011
s 29............................................	rs No 61, 1983
am No 168, 1986; No 199, 1991; No 33, 1994; No 141, 2005; No 46, 2011
s 30............................................	am No 199, 1991
rep No 94, 1992
Division 2
s 31............................................	am No 63, 1984; No 146, 1999
s 31A.........................................	ad No 139, 2024
Division 3 heading......................	rep No 43, 1996
Part IV
s 32............................................	rep No 65, 1985
ad No 7, 2025
s 33............................................	am No 61, 1983; No 199, 1991; No 84, 2006
s 34............................................	am No 63, 1978
rs No 61, 1983
am No 199, 1991; No 25, 2006; No 84, 2006; No 11, 2011; No 62, 2014; No 57, 2015; No 31, 2017; No 101, 2018; No 139, 2024
s 35............................................	am No 63, 1978; No 61, 1983; No 119, 1988; No 63, 1989; No 199, 1991; No 135, 2001; No 141, 2005; No 84, 2006; No 86, 2006; No 51, 2010; No 134, 2013; No 57, 2015; No 87, 2015; No 61, 2016; No 78, 2021; No 98, 2021; No 139, 2024, No 7, 2025 (Sch 1, item 30)
s 35AA......................................	ad No 86, 2006
am No 89, 2022
s 35AB.......................................	ad 98, 2021
s 35A.........................................	ad No 61, 1983
am No 177, 1994; No 135, 2001; No 141, 2005; No 86, 2006; No 5, 2011
s 35B.........................................	ad No 135, 2001
am No 125, 2002; No 25, 2006; No 62, 2014; No 31, 2018; No 98, 2021
s 35C.........................................	ad No 86, 2006
am No 57, 2015; No 98, 2021; No 89, 2022
s 35D.........................................	ad No 139, 2024
s 35E.........................................	ad No 139, 2024
s 35F..........................................	ad No 139, 2024
s 36............................................	am No 61, 1983; No 199, 1991; No 137, 2000; No 49, 2001; No 57, 2015; No 61, 2016
s 37............................................	am No 61, 1983, No 7, 2025
Part V........................................	ad Statutory Rules 1978 No 104
rep No 168, 1986
ss 39–42.....................................	ad Statutory Rules 1978 No 104
rep No 168, 1986