Ombudsman Regulations 2017
made under the
Ombudsman Act 1976
Compilation No. 4
Compilation date: 14 December 2024
Includes amendments: F2024L01668
About this compilation
This compilation
This is a compilation of the Ombudsman Regulations 2017 that shows the text of the law as amended and in force on 14 December 2024 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary
1 Name
3 Authority
5 Definitions
Part 2—General matters
6 Bodies not to be taken to be prescribed authorities for the purposes of the Act
7 Persons not to be taken to be prescribed authorities for the purposes of the Act
8 Principal offices
9 Actions deemed not to be taken by Attorney‑General’s Department
10 Members of court staff
11 Commonwealth‑controlled companies to be taken to be prescribed authorities
12 Prescribed terms and conditions
13 Witness expenses
Part 3—Defence Force Ombudsman
14 Conferral of functions on Defence Force Ombudsman—new complaints etc.
14A Payments to complainants—certain new complaints
14B Conferral of functions on Defence Force Ombudsman—old complaints
15 Transitional—conferral of functions on Defence Force Ombudsman
Part 4—National Preventive Mechanism functions
Division 1—National Preventive Mechanism Body function
16 National Preventive Mechanism Body function
Division 2—National Preventive Mechanism Coordinator function
17 National Preventive Mechanism Coordinator function
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name
This instrument is the Ombudsman Regulations 2017.
3 Authority
This instrument is made under the Ombudsman Act 1976.
5 Definitions
In this instrument:
abuse, in relation to a complainant, includes:
(a) sexual abuse of the complainant; and
(b) serious physical abuse of the complainant; and
(c)
Overview
The Ombudsman Regulations 2017 were made under the Ombudsman Act 1976 and have been amended several times to address evolving needs and issues. These regulations are designed to provide detailed rules and procedures for the functions and operations of the Commonwealth Ombudsman, including the Defence Force Ombudsman, and to address specific matters such as the handling of complaints of abuse within the Defence Force and the implementation of Australia's obligations under the Optional Protocol to the Convention against Torture. The most recent amendments, as of 14 December 2024, include updates to definitions, the functions of the Defence Force Ombudsman regarding reparation payments, and the role of the Ombudsman in national preventive mechanisms. The primary objective of these regulations is to ensure that the Ombudsman can effectively carry out their functions, respond to complaints of abuse, and uphold standards of treatment and conditions in places of detention in accordance with international obligations.
Scope and Application
The Ombudsman Regulations 2017, made under the Ombudsman Act 1976, apply to a range of entities and individuals within the Commonwealth framework, including those involved in Defence Force operations and the Ombudsman's role in handling complaints of abuse. This legislation extends to individuals such as current and former members of the Defence Force, Australian Public Service employees deployed outside Australia for Defence-related operations, and contractors providing services overseas for Defence Force operations. It also encompasses the Defence Force Ombudsman's functions in handling new and old complaints of abuse, including making recommendations for reparation payments. The regulations outline specific roles and functions for the Ombudsman in relation to national preventive mechanisms, including regular inspections of places of detention and consulting with various bodies to improve oversight arrangements. The geographic reach of these regulations is national, focusing on the Commonwealth's obligations under international treaties, particularly the Optional Protocol to the Convention against Torture. The Act does not apply to certain entities such as the Commonwealth Grants Commission and specific offices within the Northern Territory. Additionally, the regulations provide for the disclosure of information and documents related to complaints of abuse, ensuring that such disclosures are authorised under the Privacy Act 1988. The application of the Act and these regulations can be extended or modified through subordinate instruments, such as the Ombudsman Amendment Regulations, which have been used to adjust the scope of prescribed authorities, the functions of the Defence Force Ombudsman, and the reparation payment thresholds.
Key Provisions
- The Ombudsman Regulations 2017 (the Regulations) are made under the Ombudsman Act 1976 (the Act) and provide further details on the functions and responsibilities of the Ombudsman, Defence Force Ombudsman, and the National Preventive Mechanism Body and Coordinator. The Regulations cover various aspects including definitions (sections 5), exclusions from prescribed authorities (sections 6 and 7), and the disclosure and use of information (sections 15 and 16). The Defence Force Ombudsman is given specific functions relating to complaints of abuse within the Defence Force, including the ability to make recommendations for reparation payments to complainants (sections 14A and 14B). The Regulations also detail the roles and functions of the National Preventive Mechanism Body and Coordinator under the Optional Protocol to the Convention against Torture (sections 16 and 17).
- The Regulations impose obligations on various entities and individuals to ensure compliance with the Ombudsman Act and to facilitate the Ombudsman's functions. For example, the Defence Force Ombudsman is required to take appropriate action on new and old complaints of abuse (section 14), make reparation payment recommendations (section 14A), and handle transitional disclosures of information (section 15). Additionally, the Defence Force Ombudsman must perform the National Preventive Mechanism Body function, which includes regular inspections of places of detention and providing information to the United Nations Subcommittee on Prevention of Torture (section 16). The National Preventive Mechanism Coordinator is tasked with consulting on standards and principles for the treatment of detainees, collecting information on oversight arrangements, and facilitating collaboration among relevant bodies (section 17).
- Breaches of the Regulations may lead to civil or criminal consequences. The specific offences, penalties, or consequences for non-compliance are not detailed within the provided text of the Regulations. However, under the Ombudsman Act, penalties for non-compliance can include fines and, in some cases, imprisonment. The maximum penalties would be detailed in the Act itself and could vary depending on the nature and severity of the breach. Additionally, the Regulations may impose administrative penalties or other sanctions for failure to comply with specific provisions. For the most accurate and detailed information regarding penalties, reference to the Ombudsman Act and relevant case law would be necessary.
- Area of Law
- Defence & Military Law
- Human Rights Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
