Ombudsman (Amendment) Act 1976 (NSW)

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ANNO VICESIMO QUTNTO

ELIZABETHiE II REGIN^E

Act No. 39, 1976.

An Act to amend the Ombudsman Act, 1974, to enable the Ombudsman to investigate certain conduct of local government authorities. [Assented to, 13th October, 1976.]

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P 8530— 19

Act No. 39, 1976.

Ombudsman {Amendment).

T>E it enacted by the Queen’s Most Excellent Majesty, by -D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short tide. 1. This Act may be cited as the ‘Ombudsman

(Amendment) Act, 1976”.

Commence- 2. (1) This section and section 1 shall commence on

meat j^jg assent to this Act.

(2) Except as provided in subsection (1), this Act

shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment 3. The Ombudsman Act, 1974, is amended in the manner

68^97^° set forth in Schedule 1.

See. 3. SCHEDULE 1.

Amendments to the Ombudsman A ct , 1974.

(1) Section 3—

Omit “SCHEDULE”, insert instead “SCHEDULE 1’

SCHEDULE

Act No. 39, 1976.

Ombudsman {Amendment).

SCHEDULE 1—continued.

Amendments to the Ombudsman Act, 1974—continued.

(2) (a) Section 5 (1), definition of “head”—

Omit paragraph (e), insert instead :—

(e) in relation to a public authority that is a corporation aggregate, an unincorporated body or a local government authority— the person entitled to preside at meetings of the corporation, body or local government authority; and

(b) Section 5 (1), definition of “local government authority”—

After the definition of “head”, insert;—

“local government authority” means a council within the meaning of the Local Govern­ ment Act, 1919, a county council within the meaning of that Act or an urban committee constituted under Part XXVII of that Act;

(c) Section 5 (1), definition of “public authority”—

(i) From paragraph (g), omit “and”.

(ii) After paragraph (g), insert ;—

(g l) any local government authority;

and

SCHEDULE

Act No. 39, 1976.

Ombudsman {Amendment).

SCHEDULE 1—continued.

Amendments to the Ombudsman A ct, 1974—continued.

(d) Section 5 (1), definition of “responsible

Minister”—

After paragraph (b), insert;—

(b l) in relation to a public authority, being a local government authority—the Minister of the Crown administering the Local Government Act, 1919; and

(3) (a) Section 12 (1) (a )—

Omit “the Schedule”, insert instead “Schedule 1”.

(b) Section 12 (1) (b )—

Omit “or”.

(c) Section 12 (1) (c)—

Omit “day.”, insert instead “day; or”.

(d) Section 12 (1) (d )—

After section 12 (1) (c), insert:—

(d) the conduct, being conduct of a local government authority, took place before the day appointed and notified under section 2 (2) of the Ombudsman (Amendment) Act, 1976.

SCHEDULE

Act No. 39, 1976.

Ombudsman {Amendment).

SCHEDULE 1—continued.

Amendments to the Ombudsman Act, 1974—continued.

(4) Section 13 (5 )—

V '

After section 13 (4), insert:—

(5) Notwithstanding any other provision of this

section, the Ombudsni.an shall not investigate the conduct of a puhlic authority, being a local govern­ ment authority, if that conduct is subject to a right of appeal or review conferred by or under an Act unless the Ombudsman is of the opinion that special circumstances make it unreasonable to expect that right to be or to have been exercised.

(5) Section 14—

Omit “the Schedule’	wherever occurring, insert
instead “Schedule 1”.

(6) (a) Schedule—

Omit “SCHEDULE”, insert instead

“SCHEDULE 1”.

(b) Schedule—

Omit item 11.