Document ID: chunk:federal_register_of_legislation:C2025C00095:section:5:p1
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 52425–55122

5  Functions of Ombudsman
 (1) Subject to this Act, the Ombudsman:
 (a) shall investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department, or by a prescribed authority, and in respect of which a complaint has been made to the Ombudsman; and
 (b) may, of his or her own motion, investigate any action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department or by a prescribed authority; and
 (c) with the consent of the Minister, may enter into an arrangement under which the Ombudsman will perform functions of an ombudsman under an ombudsman scheme established in accordance with the conditions of licences or authorities granted under an enactment.
 (2) The Ombudsman is not authorized to investigate:
 (a) action taken by a Minister; or
 (aa) action that constitutes proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987; or
 (b) action taken by a Justice or Judge of a court created by the Parliament; or
 (ba) action by the chief executive officer, in relation to a court, or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court:
 (i) when exercising a power of the court; or
 (ii) when performing a function, or exercising a power, of a judicial nature; or
 (c) action taken by:
 (i) a magistrate or coroner for the Australian Capital Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or
 (ii) a person who holds office as a magistrate in a State or the Northern Territory in the performance of the functions of a magistrate conferred on him or her by or under an Act; or
 (d) action taken by any body or person with respect to persons employed in the Australian Public Service or the service of a prescribed authority, being action taken in relation to that employment, including action taken with respect to the promotion, termination of appointment or discipline of a person so employed or the payment of remuneration to such a person; or
 (e) action taken by any of the following:
 (i) the Australian Security Intelligence Organisation;
 (ii) the Australian Secret Intelligence Service;
 (iii) the part of the Department of Defence known as the Australian Geospatial‑Intelligence Organisation;
 (iv) the Australian Signals Directorate;
 (v) the part of the Department of Defence known as the Defence Intelligence Organisation;
 (vi) the Office of National Intelligence; or
 (g) action taken by a Department or by a prescribed authority with respect to the appointment of a