QQ v NSW Ombudsman

In the case of QQ v NSW Ombudsman, the applicant, QQ, sought to bring a complaint against the NSW Ombudsman regarding the handling of a previous complaint of disability discrimination. The dispute centered on whether the NSW Ombudsman's conduct in reviewing a decision made under the Police Act 1990 fell within the scope of the Ombudsman Act 1974, specifically whether section 35A applied. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The central legal issue before the tribunal was whether it had the jurisdiction to entertain QQ's application for leave to proceed with a complaint against the NSW Ombudsman. This hinged on the interpretation and application of section 35A of the Ombudsman Act 1974 to the conduct of the Ombudsman in reviewing a prior decision. The tribunal had to determine if the Ombudsman's review process constituted the provision of a service under the Equal Opportunity (Public Sector) Act 1984, thereby falling within its jurisdiction.

The tribunal ruled that it lacked jurisdiction to hear QQ's application. It concluded that the conduct of the Ombudsman in reviewing the decision made under the Police Act 1990 did not amount to the provision of a service under the Equal Opportunity (Public Sector) Act 1984. Consequently, section 35A of the Ombudsman Act 1974 did not apply to the Ombudsman's conduct in this context. As a result, the tribunal dismissed QQ's application for leave to proceed with the complaint.