Ombudsman Act 1976
No. 181, 1976
Compilation No. 62
Compilation date: 4 June 2026
Includes amendments: Act No. 75, 2025
About this compilation
This compilation
This is a compilation of the Ombudsman Act 1976 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3A Prescribed authorities: Commonwealth‑controlled companies
3B Certain legislation relating to Australian Capital Territory not to be enactment
3BA Commonwealth service providers
3C Application of Act
3D Application of the Criminal Code
Part II—Establishment, functions, powers and duties of the Ombudsman
Division 1—Establishment and functions
4 Establishment of offices of Ombudsman and Deputy Ombudsman
4A The Office of the Commonwealth Ombudsman
5 Functions of Ombudsman
5A Public interest disclosure functions of Ombudsman
5B Transfer of complaints from the Inspector‑General of Intelligence and Security
6 Discretion not to investigate certain complaints
6B Transfer of complaints about National Anti‑Corruption Commissioner
6C Transfer of complaints to Information Commissioner
6D Tax administration matters and transfer of complaints to Inspector‑General of Taxation
6E Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman
6F Transfer of complaints to the Inspector‑General of Intelligence and Security
6G Transfer of information to the National Anti‑Corruption Commissioner or the Inspector
7 Complaints
7A Preliminary inquiries
8 Investigations
8A Investigations by Commonwealth and State Ombudsmen
8C Investigations by other…
Overview
The Ombudsman Act 1976 was enacted by the Australian Parliament to provide for the appointment of a Commonwealth Ombudsman, a Defence Force Ombudsman, a Postal Industry Ombudsman, an Overseas Students Ombudsman, a Private Health Insurance Ombudsman, a VET Student Loans Ombudsman, and a National Student Ombudsman, and to define their respective functions and powers. The Act was designed to address issues and gaps in administrative practices and public service delivery by providing an independent review mechanism for complaints against administrative actions taken by Commonwealth departments and agencies. It aims to ensure that administrative actions are fair, reasonable, and in accordance with the law, thereby protecting the rights and interests of individuals and promoting good governance within the public sector. The Act grants the Ombudsman extensive powers to investigate complaints, obtain information, and make recommendations, while also providing safeguards against reprisals for those who make complaints in good faith.
Scope and Application
The Ombudsman Act 1976 (Act) establishes various offices of Ombudsman within the Commonwealth, including the Commonwealth Ombudsman, Defence Force Ombudsman, Postal Industry Ombudsman, Overseas Students Ombudsman, Private Health Insurance Ombudsman, VET Student Loans Ombudsman, and National Student Ombudsman. Each Ombudsman is tasked with investigating complaints about administrative action taken by Commonwealth departments, prescribed authorities, and certain Commonwealth-controlled companies, as well as other specific entities or industries as outlined in their respective sections within the Act. The Act applies both within Australia and to external territories, extending its jurisdictional reach nationwide. It is important to note that certain enactments, such as those of the Australian Capital Territory and certain legislation of the Northern Territory, are excluded from being considered as 'enactments' for the purposes of this Act. The Act also provides for the transfer of complaints to other relevant authorities when it is deemed more appropriate or efficient to do so. Furthermore, the Act extends or restricts its application through subordinate instruments such as regulations and rules, which are not detailed in the primary text but can be found in the endnotes and on the legislation register. The Act includes provisions for the appointment, tenure, and powers of the Ombudsmen, ensuring that they can effectively carry out their functions without undue interference or liability.
Key Provisions
- The Ombudsman Act 1976 establishes several offices of Ombudsman, including the Commonwealth Ombudsman, the Defence Force Ombudsman, the Postal Industry Ombudsman, the Overseas Students Ombudsman, the Private Health Insurance Ombudsman, the VET Student Loans Ombudsman, and the National Student Ombudsman. These offices have distinct functions and powers, primarily focusing on investigating complaints made against administrative actions taken by various Commonwealth departments and prescribed authorities. Section 5 of the Act outlines the functions of the Ombudsman, which include investigating complaints about administrative actions taken by Departments or prescribed authorities, and other functions conferred by this or another Act, or by regulations made under another Act. The Act also specifies that the Ombudsman cannot investigate certain actions, such as those taken by Ministers, certain law enforcement agencies, or actions taken in relation to the administration of immigration detention.
- The Act imposes several obligations on the Ombudsman and the entities they govern. For instance, the Ombudsman has the authority to investigate complaints made to them and can decide not to investigate certain complaints if they find them frivolous or if another authority is more suited to handle them. Section 7A allows the Ombudsman to transfer complaints to other authorities if it is in the public interest to do so. The Ombudsman must also investigate complaints about unreasonable delays in decision-making, as stipulated in Section 10. Furthermore, Section 12 mandates that complainants and the relevant department or authority must be informed about the Ombudsman's investigation, and Section 13 empowers the Ombudsman to examine witnesses and enter premises to obtain necessary information.
- The Act outlines various offences and penalties for breaches. For example, Section 35D defines what constitutes a reprisal against a person who has made or is likely to make a complaint, with penalties including imprisonment for up to 6 months and fines of up to 10 penalty units. Section 36 criminalises refusal or failure to comply with certain requirements, such as attending before the Ombudsman or providing information, with penalties of up to 3 months' imprisonment or 10 penalty units. Additionally, Section 35E addresses the protection from reprisals, providing avenues for compensation and other orders through the Federal Court or Federal Circuit and Family Court of Australia if reprisals are taken. Civil immunity from actions is provided under Section 37 for acts done in good faith in the exercise of the Ombudsman's powers or duties.
- Area of Law
- Administrative Law
- Consumer Law
- Human Rights Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Complaints
- Investigations
- Reporting & Disclosure Obligations
- Protection from reprisals—offence
- Enforcement Powers
- Civil Penalty Provisions