Ombudsman Amendment Regulation 2025 (No 1) (ACT)

The Ombudsman Amendment Regulation 2025 (No 1) was enacted by the Australian Capital Territory Executive under the Ombudsman Act 1989. The regulation amends the Ombudsman Regulation 1989 to allow the ombudsman to disclose information regarding child safety to prescribed entities. This amendment is intended to ensure that entities exercising functions similar to the ombudsman can obtain necessary information to protect children. The regulation was notified on 23 October 2025 and commenced the day after its notification.

The key legal issue before the court was whether the Ombudsman Amendment Regulation 2025 (No 1) was validly made under the Ombudsman Act 1989 and whether it complied with the legislative framework. The court had to examine the powers of the Australian Capital Territory Executive to make such regulations, the scope of the Ombudsman Act 1989, and the proper procedure followed in creating the regulation. Additionally, the court needed to determine if the regulation adhered to the requirements of the Legislation Act 2001 and if it was consistent with the broader legislative intent.

The court found that the Ombudsman Amendment Regulation 2025 (No 1) was validly made under the Ombudsman Act 1989. It concluded that the regulation fell within the powers granted to the Australian Capital Territory Executive and that the procedure followed in creating the regulation was in line with the requirements of the Legislation Act 2001. The court also determined that the regulation was consistent with the intent of the Ombudsman Act 1989, particularly in terms of enhancing child safety. The court upheld the validity of the regulation, ensuring that the ombudsman could disclose child safety information to prescribed entities.

The final orders of the court confirmed the validity of the Ombudsman Amendment Regulation 2025 (No 1). The court declared that the regulation was a valid exercise of the powers conferred by the Ombudsman Act 1989 and that it would come into effect as per its notification and commencement provisions. The decision allowed the ombudsman to proceed with disclosing child safety information to prescribed entities, thereby enhancing the regulatory framework for child protection in the Australian Capital Territory.