Ombudsman Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 182, Regulations under the Ombudsman Act 1976, were enacted to provide further clarity and detail to the administration of the Ombudsman Act 1976. These regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and date from the fifth of September 1979. The problem these regulations address is the need for detailed guidelines on the allowances and terms of office for the Ombudsman and Deputy Ombudsman, as well as the specification of principal offices for prescribed authorities. These regulations aim to ensure consistency with the terms and conditions applicable to officers in the Australian Public Service and to update references to certain organisations. The overarching policy objective is to enhance the efficiency and effectiveness of the Ombudsman's office by providing clear and up-to-date regulatory guidance.

Scope and Application

The Statutory Rules 1979 No. 182, which amend the Ombudsman Regulations under the Ombudsman Act 1976, apply to the Ombudsman, Deputy Ombudsman, and certain prescribed authorities within the Commonwealth of Australia. The regulations determine the allowances and terms and conditions of office for the Ombudsman and Deputy Ombudsman, aligning them with the Australian Public Service's First and Second Divisions, respectively. Additionally, the regulations specify the principal offices for various prescribed authorities, which are listed in Schedule 4 of the amended regulations. These authorities include government entities such as the Australian Capital Territory Fire Brigade, the Australian Electoral Office, and the Australian Trade Union Training Authority, among others. The amended regulations also update the reference to "Commonwealth Hostels Limited" to "Commonwealth Accommodation and Catering Services Limited" in Schedule 2, reflecting the correct entity name. The application of these regulations is limited to the Commonwealth of Australia and its prescribed authorities, with no explicit exclusions or exemptions noted within the text. The scope of the Act can be extended or restricted through subordinate instruments as necessary.

Key Provisions

The main operative sections of these regulations include the establishment of allowances for the Ombudsman and Deputy Ombudsman (regulation 7), the terms and conditions of holding office (regulation 8), and the declaration of principal officers in respect of prescribed authorities (regulation 9). Regulation 7 specifies that the Ombudsman and Deputy Ombudsman are entitled to allowances comparable to those of a First Division and Second Division officer in the Australian Public Service, respectively, subject to any determinations made under the Remuneration Tribunals Act 1973. Regulation 8 stipulates that the Ombudsman and Deputy Ombudsman will hold office under terms and conditions that align with those applicable to officers in the First Division and Second Division of the Australian Public Service, unless these are inconsistent with the Ombudsman Act 1976 or other provisions of these regulations. Regulation 9 lists the prescribed authorities and their respective principal officers as defined in the new Schedule 4. These regulations impose obligations on the Ombudsman and Deputy Ombudsman to adhere to the terms and conditions of their offices, which mirror those of the Australian Public Service officers in the First and Second Divisions. They must also ensure that their allowances are consistent with those payable to equivalent officers in the public service. Furthermore, the regulations define the principal officers for various prescribed authorities, which is crucial for the proper functioning of the Ombudsman’s oversight and investigation roles. Failure to comply with these regulations may lead to breaches of the terms and conditions of holding office or discrepancies in allowances, which could potentially result in administrative or legal consequences. While the specific penalties for breaches are not outlined in these regulations, they could include disciplinary action under the Public Service Act 1922 or other relevant legislation. Additionally, any actions that result in financial discrepancies, such as incorrect allowances, could lead to civil penalties for misuse of public funds or criminal charges under the Criminal Code Act 1995, depending on the nature and intent of the breach.