Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations (Cth)
REGULATIONS UNDER THE OMBUDSMAN ACT 1976*
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated this twenty-seventh day of June 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Education for and on behalf of the Prime Minister
OMBUDSMAN (NORTHERN TERRITORY SELF-GOVERNMENT) (TRANSITIONAL ARRANGEMENTS) REGULATIONS
“ PART V—NORTHERN TERRITORY SELF-GOVERNMENT (TRANSITIONAL PROVISIONS)
“ 39. (1) In this section—
‘ authority ’ means—
(a) a body established by; or in accordance with the provisions of, an enactment of the Northern Territory; or
(b) the person holding, or performing the duties of, an office established by such an enactment,
* Notified in the
12976/78 Cat. No. —Recommended retail price 20c 14/22.6.1978
being a body or person that was, before 1 July 1978, a prescribed authority and ceases, on that date or a subsequent date, to be a prescribed authority;
‘ Department ’ means a Department of the Public Service of the Northern Territory;
‘ relevant date ’ means—
(a) in relation to a complaint or an investigation in relation to action taken by a Department—1 July 1978; or
(b) in relation to a complaint or an investigation in relation to action taken by an authority—the date on which the authority ceases to be a prescribed authority.
“ (2) Subject to this section, where, before the relevant date—
(a) a complaint has been made to the Ombudsman, or the Ombudsman has commenced an investigation, in relation to action taken by a Department or by an authority; and
(b) the Ombudsman has not finally disposed of the matter,
the
Ombudsman has the same rights, duties and powers, and this Act applies, in
relation to that action as if the
“ (3) Where a complaint has been made but the Ombudsman has not commenced an investigation in accordance with sub-section (2), the Ombudsman shall, before commencing an investigation in accordance with that sub-section, inform the Minister of the proposed investigation, and, for the purposes of this section, sub-section 8 (1) does not apply.
“
(4) Where the Minister is so informed, he shall inform the relevant Minister of
the Northern Territory, being a person holding office under section 36 of the
“ (5) Sub-sections 8 (9), 8 (10) and 15 (6) apply to and in relation to an investigation made or continued in accordance with sub-section (2) of this section as if the references in those sub-sections to the Minister or the responsible Minister were references to the relevant Minister of the Northern Territory referred to in sub-section (4) of this section.
“ (6) Sub-section 12 (1) applies for the purposes of sub-section (2) as if the references in sub-section 12 (1) to informing, or furnishing particulars to, the relevant Department or relevant prescribed authority were references to informing, or furnishing particulars to, the Minister.
“ (7) Where the Minister receives a report in pursuance of subsection 12 (1), in the application of that provision for the purposes of sub-section (2) of this section, he shall cause the report to be forwarded, as soon as practicable after its receipt by him, to the Administrator of the Northern Territory.
“ (8) Where the Ombudsman furnishes information in writing to the Prime Minister in accordance with sub-section 16 (1) in relation to an investigation made or continued in accordance with sub-section (2) of this section, the Prime Minister shall cause a copy of the information together with a copy of the report and a copy of the comments (if any) referred to in sub-section 16 (2) to be forwarded, as soon as practicable after receipt by him, to the Administrator of the Northern Territory.
“ (9) Section 17 does not apply in respect of an investigation made or continued in accordance with sub-section (2).
“ 40. (1) Where—
(a) action with respect to a matter in respect of which the Ministers of the Northern Territory have acquired executive authority under section 35 of the
Northern Territory (Self-Government )Act 1978 was taken by a Department or prescribed authority other than a Department of the Public Service of the Northern Territory or an authority that is an authority within the meaning of section 39; and(b) the Ombudsman has not, before the date on which the Ministers acquired that executive authority, commenced or completed an investigation in relation to the action in accordance with this Act,
the succeeding provisions of this section have effect.
“ (2) Where the Ombudsman has not commenced an investigation under this Act in relation to the action, he shall, before commencing such, an investigation, in addition to complying with the requirements of subsection 8 (1), inform the Minister of the proposed investigation.
“
(3) Where the Minister is so informed, he shall inform the relevant Minister of
the Northern Territory, being a person holding office under section 36 of the
“ (4) Sub-sections 8 (9) and (10) apply to and in relation to an investigation in relation to the action as if the references in those subsections to the Minister or the responsible Minister include a reference to the relevant Minister of the Northern Territory referred to in sub-section (3) of this section.
“ (5) Sub-sections 8 (5), 8 (6), 8 (7), 8 (10), 9 (2), 14 (1), sections 16 and 17 and sub-section 19 (8) apply to and in relation to an investigation in relation to the action as if—
(a) a reference therein to a Department includes a reference to a Department of the Public Service of the Northern Territory; and
(b) a reference therein to a prescribed authority includes a reference to—
(i) a body (other than a prescribed authority) established by, or in accordance with the provisions of, an enactment of the Northern Territory; and
(ii) the person (other than a prescribed authority) holding, or performing the duties of, an office established by such an enactment.
“ (6) Sub-section 12 (1) applies to and in relation to a complaint made to the Ombudsman with respect to the action as if the reference in that sub-section to a Department or a prescribed authority includes a reference to the Minister.
“ (7) Where the Minister receives a report in pursuance of subsection 12 (1), in the application of that provision to and in relation to the complaint, he shall cause the report to be forwarded, as soon as practicable after its receipt by him, to the Administrator of the Northern Territory.
“ (8) Where the Ombudsman reports to a Department or prescribed authority in accordance with sub-section 15 (2), he may furnish a copy of the report to any Department of the Public Service of the Northern Territory, any authority within the meaning of section 39 or any other authority of the Northern Territory, being a Department or authority that, in his opinion, is concerned with the action that he has investigated.
“ (9) A Department or authority to which the Ombudsman, under sub-section (8), furnishes a copy of a report shall be regarded, for the purposes of sub-sections 15 (4) and (5) and section 16, as being a Department or prescribed authority to which a report under sub-section 15 (2) is furnished.
“ (10) Where the Ombudsman furnishes a copy of a report to a Minister in accordance with sub-section 15 (6), he shall, in addition, furnish a copy of the report to the relevant Minister of the Northern Territory referred to in sub-section (3).
“ (11) Where the Ombudsman furnishes information in writing to the Prime Minister in accordance with sub-section 16 (1) in relation to an investigation in relation to the action, the Prime Minister may, if he considers it appropriate, cause a copy of the information together with a copy of the report and a copy of the comments (if any) referred to in sub-section 16 (2) to be forwarded, as soon as practicable, to the Administrator of the Northern Territory.
“
41. (1) In this section, ‘ Northern Territory Ombudsman ’ means the person
holding the office of Ombudsman under the
“ (2) Nothing in sections 39 and 40 prevents the Ombudsman, where he considers it convenient or appropriate to do so, from arranging with the Northern Territory Ombudsman for the Northern Territory Ombudsman to deal with a complaint, or conduct or complete an investigation, in relation to action to which either of those sections applies.
“ (3) Where the Ombudsman makes an arrangement with the Northern Territory Ombudsman of the kind referred to in sub-section (2), the Ombudsman—
(a) shall cease to investigate the action and shall not thereafter be required to make a report or furnish information that, but for this sub-section, he would be required to make or furnish; and
(b) may furnish to the Northern Territory Ombudsman any information or forward to him a document, or a copy of, or extract from, a document, being information or a document relating to the complaint or the investigation.
“ (4) A reference in this section to the completion of an investigation shall be read as including a reference to the making of a decision not to continue the investigation.
“ 42. Where—
(a) a complaint has been made to the Ombudsman, or the Ombudsman has commenced an investigation, in relation to action taken by the Department of the Northern Territory;
(b) that Department is abolished before the Ombudsman has completed his investigation in accordance with this Act; and
(c) the action in respect of which the complaint has been made or to which the investigation relates is action with respect to a matter for which, upon the abolition of that Department, another Department of the Australian Public Service becomes responsible.
this Act applies to and in relation to the investigation of that action by the Ombudsman after the abolition of the Department of the Northern Territory as if the action had been taken by that other Department.”.
Printed by Authority by the Commonwealth Government Printer
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