Ombudsman Regulation 2005 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Ombudsman Act 1974.

Premier

1Name of Regulation

This Regulation is the Ombudsman Regulation 2005.

2Commencement

This Regulation commences on 1 July 2005.

Note—

This Regulation repeals and replaces the Ombudsman Regulation 1999 which would otherwise be repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

the Act means the Ombudsman Act 1974.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Designated government agencies

The following bodies are prescribed for the purposes of the definition of designated government agency in section 25A (1) of the Act:

• (a)

  a statutory health corporation within the meaning of the Health Services Act 1997,

• (b)

  the Ambulance Service of New South Wales,

• (c)

  the TAFE Commission,

• (d)

  the Department of Ageing, Disability and Home Care.

5Designated non-government agencies

Affiliated health organisations within the meaning of the Health Services Act 1997 are prescribed for the purposes of the definition of designated non-government agency in section 25A (1) of the Act.

6Heads of certain agencies(1)

This clause applies to an agency referred to in paragraph (a), (b) or (c) of the definition of designated non-government agency in section 25A (1) of the Act that is under the authority of a Catholic Bishop of New South Wales.

(2)

For the purposes of the definition of head of an agency in section 25A (1) of the Act, the Catholic Bishop who has authority over the agency concerned is to be regarded as the head of the agency.

7Responsible Minister in relation to child protection matters(1)

This clause applies only in respect of matters arising under Part 3A (Child protection) of the Act.

(2)

The definition of responsible Minister in section 5 (1) of the Act is modified such that the responsible Minister for a designated non-Government agency for the purposes of the Act is:

• (a)

  the Minister whose portfolio has, in the opinion of the Ombudsman, sufficient funding or regulatory responsibility for the agency to warrant involvement on the Minister’s part in relation to the agency, or

• (b)

  if there is no such portfolio—the Minister who is, in the opinion of the Ombudsman, a Minister sufficiently concerned with the conduct of the agency.

(3)

Two or more Ministers may be responsible Ministers for a particular non-Government agency. In that case, the Ombudsman may (but is not obliged to) elect to regard one only of those Ministers as the responsible Minister, and the Minister so regarded is taken to be the responsible Minister for the agency concerned.

(4)

A responsible Minister is not to exercise any functions under section 26A (Authority to pay compensation), 32 (Staff) or 34 (Disclosure by Ombudsman or officer) of the Act in relation to a designated non-Government agency, and action may be taken under those sections in respect of such an agency without any authorisation, approval or consent of the responsible Minister that would, in the absence of this subclause, be required.

8Repeal

The Ombudsman Regulation 1999 is repealed.