Ombudsman Act 2001 (Qld)

Ombudsman Act 2001

An Act to establish an office of ombudsman for investigating administrative actions taken by, in or for certain agencies, and recommending to agencies ways of improving administrative processes, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Ombudsman Act 2001.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in schedule 3 defines terms used in this Act.

4   Notes

A note in the text of this Act is part of the Act.

5   Objects of Act

The objects of this Act are—

(a)to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and

(b)to improve the quality of decision-making and administrative practices and procedures in agencies.

6   How objects are to be achieved

The objects of this Act are to be achieved by—

(a)requiring an ombudsman to be appointed; and

(b)authorising the ombudsman—

(i)to investigate administrative actions of agencies; and

(ii)to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and

(iii)to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.

7   Meaning of administrative action

(1)An administrative action is any action about a matter of administration, and includes—

(a)a decision and an act; and

(b)a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and

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

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

(e)an action taken because of a recommendation made to a Minister.

(2)However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action.

8   Meaning of agency

(1)An agency is any of the following entities—

(a)a department;

(b)a local government;

(c)a public authority.

(2)An agency is taken to include an entity, other than an incorporated entity or an individual, established under an Act as a board, council, committee, subcommittee or other similar entity for helping, or for performing functions connected with, the agency.

(3)An individual is not an agency under this Act only because the individual holds—

(a)an office the duties of which are performed as duties of employment as an officer of an agency; or

(b)an office of member of an agency; or

(c)an office established under an Act for the purposes of an agency.

Note—

See also section 12A in relation to entities that are taken to be an agency for the exercise of the ombudsman’s functions under that section.

9   Meaning of public authority

(1)A public authority