Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations

Administered by Department of the Prime Minister and Cabinet

Legislation au F1997B02245 Regulations Not in force Legislative Instrument

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1978 No. 104

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 Ombudsman Act 1976.

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

Citation

1. These Regulations may be cited as the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations.

Commencement

2. These Regulations shall come into operation on 1 July 1978.

3. The Ombudsman Act 1976 is modified by adding at the end thereof the following Part:

“ PART V—NORTHERN TERRITORY SELF-GOVERNMENT (TRANSITIONAL PROVISIONS)

Transitional-Northern Territory Departments and authorities

“ 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 Commonwealth of Australia Gazette on 29 June 1978.

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 Ombudsman Amendment Act 1978 had not been enacted.

“ (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 Northern Territory (Self-Government) Act 1978, of the proposed investigation.

“ (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).

Transitional—Commonwealth Departments and authorities transferring functions to Northern Territory Departments and authorities

“ 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 Northern Territory (Self-Government) Act 1978, of the proposed investigation.

“ (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.

Ombudsman may transfer certain investigations to Northern Territory Ombudsman

“ 41. (1) In this section, ‘ Northern Territory Ombudsman ’ means the person holding the office of Ombudsman under the Ombudsman (Northern Territory) Ordinance 1977 or that Ordinance as amended.

“ (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.

Transitional abolition of Department of the Northern Territory

“ 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

Overview

The Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations were enacted in 1978 under the Ombudsman Act 1976. These regulations address the transitional issues arising from the implementation of self-government for the Northern Territory, ensuring that complaints and investigations already in process before the commencement of self-government are dealt with effectively. The enacting body was the Governor-General, acting on the advice of the Federal Executive Council. The policy objective is to provide a smooth transition of oversight functions from Commonwealth to Northern Territory authorities, ensuring continuity in addressing public grievances and maintaining accountability. The regulations aim to facilitate the transfer of certain responsibilities from the Commonwealth Ombudsman to the Northern Territory Ombudsman, while also addressing investigations involving Commonwealth departments and authorities that are transferring functions to Northern Territory counterparts. This includes provisions for the transfer of investigations, the abolition of the Department of the Northern Territory, and the communication protocols between various ministers and the Northern Territory administration. By doing so, the regulations seek to uphold the integrity of ongoing investigations and maintain public trust in the accountability processes during this period of significant administrative change.

Scope and Application

The Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations, which were made under the Ombudsman Act 1976, provide transitional arrangements for the Ombudsman's jurisdiction over certain Northern Territory entities during the transition to self-government. These regulations apply to complaints or investigations that were initiated before the relevant date, which is 1 July 1978, or the date on which an authority ceases to be a prescribed authority under the Act. For complaints or investigations related to actions taken by Northern Territory Departments or authorities, the Ombudsman retains the same rights, duties, and powers as if the Ombudsman Amendment Act 1978 had not been enacted. This transitional arrangement allows the Ombudsman to continue oversight over ongoing investigations despite the transfer of executive authority to the Northern Territory. Additionally, the Ombudsman may transfer certain investigations to the Northern Territory Ombudsman if deemed convenient or appropriate. The regulations also address the abolition of the Department of the Northern Territory, ensuring continuity in the Ombudsman's investigation of actions taken by that department after its abolition. These provisions ensure that the Ombudsman's oversight is maintained during the significant changes associated with the Northern Territory's transition to self-government.

Key Provisions

The key provisions of the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations (F1997B02245) include several transitional arrangements designed to manage the transfer of responsibilities from Commonwealth to Northern Territory authorities. Specifically, section 39 addresses complaints or investigations that were in process before 1 July 1978, when certain Northern Territory self-government arrangements were enacted. It ensures that the Ombudsman retains the same rights, duties, and powers over these actions as if the Ombudsman Amendment Act 1978 had not been enacted, allowing continuity in handling ongoing complaints or investigations (section 39(1)). Section 40 deals with actions taken by Commonwealth departments or prescribed authorities before the Northern Territory acquired executive authority, where an investigation had not yet commenced or been completed. In such cases, the Ombudsman must inform the relevant minister before initiating any investigation. The minister must then inform the relevant Northern Territory minister. This section also adjusts references in various subsections to ensure they apply to the new Northern Territory ministers and departments (section 40(2) to (11)). Section 41 allows the Ombudsman to transfer certain investigations to the Northern Territory Ombudsman if it is deemed convenient or appropriate, ceasing their own investigation and providing any relevant information to the Northern Territory Ombudsman (section 41(2) to (4)). Finally, section 42 addresses the scenario where the Department of the Northern Territory is abolished before the Ombudsman completes an investigation related to it. The Act will apply to the investigation as if the action had been taken by the department that becomes responsible after the abolition (section 42(1) to (3)). The Regulations impose specific obligations on the Ombudsman and relevant ministers. The Ombudsman must inform the relevant minister before commencing an investigation in certain transitional scenarios, and this minister must then inform the relevant Northern Territory minister (sections 39(3), 40(2) and (3)). Additionally, the Ombudsman must forward reports and information to the Administrator of the Northern Territory under certain conditions, ensuring proper communication and documentation of the transitional process (sections 39(7), 40(7), 40(8)). Ministers and the Prime Minister are also required to ensure that relevant reports and information are forwarded to the Administrator of the Northern Territory (sections 39(8), 40(8), 40(11)). The Regulations do not explicitly state any offences, penalties, or consequences for non-compliance with these provisions. However, failure to adhere to these obligations could potentially lead to legal challenges regarding the validity of the Ombudsman's investigations or reports, particularly if it affects the rights of individuals or the proper functioning of the transitional arrangements. The implications of such non-compliance would need to be addressed within the broader legal framework of the Ombudsman Act 1976 and related legislation.

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