S. 2(1) def. of aggrieved person inserted by No. 82/2012 s. 224(1)(a). aggrieved person has the meaning given in section 14(1)(a); S. 2(1) def. of assessable disclosure inserted by No. 85/2012 s. 144(1)(a). assessable disclosure has the meaning given in section 3 of the Protected Disclosure Act 2012; S. 2(1) def. of authority amended by Nos 8884 s. 2(a), 12/1989 s. 4(1)(Sch. 2 item 86.1), substituted by No. 82/2012 s. 224(1)(b), amended by No. 1/2014 s. 69(a). authority means— (a) a Department; s. 2 (b) an Administrative Office; (ba) Court Services Victoria; (c) a specified entity— but does not include an exempt person or body or a Councillor of a Council; S. 2(1) def. of Cabinet information inserted by No. 85/2012 s. 144(1)(a). Cabinet information means— (a) a document that is an exempt document under section 28 of the Freedom of Information Act 1982; or (b) information that if it were in the form of a document would be a document referred to in paragraph (a); S. 2(1) def. of cancellation notice inserted by No. 82/2012 s. 224(1)(a). cancellation notice means a notice issued by the Ombudsman under section 26C(3), (4), (5) or (6) or section 26D(3) cancelling a confidentiality notice; S. 2(1) def. of Chief Examiner inserted by No. 82/2012 s. 224(1)(a). Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
S. 2(1) def. of Councillor inserted by No. 82/2012 s. 224(1)(a). Councillor has the meaning given in section 3(1) of the Local Government Act 1989; S. 2(1) def. of Court Services Victoria inserted by No. 1/2014 s. 69(d). Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014; S. 2(1) def. of Department inserted by No. 82/2012 s. 224(1)(a). Department has the meaning given by section 4(1) of the Public Administration Act 2004; S. 2(1) def. of Deputy Ombudsman inserted by No. 14/1988 s. 4, repealed by No. 32/2004 s. 3(a). * * * * * s. 2 S. 2(1) def. of disciplinary process or action inserted by No. 82/2012 s. 224(1)(a). disciplinary process or action has the meaning given in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011; S. 2(1) def. of domestic partner inserted by No. 82/2012 s. 224(1)(a). domestic partner of a person means— s. 2 (a) a person who is in a registered relationship with the person; or Note A registered relationship is defined in subsection (2).
the performance of the Ombudsman's functions; S. 2(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 119.1(a). member of Victoria Police personnel has the meaning given in section 3(1) of the Victoria Police Act 2013; S. 2(1) def. of municipality inserted by No. 8884 s. 2(b), repealed by No. 12/1989 s. 4(1)(Sch. 2 item 86.3). * * * * * S. 2(1) def. of office of the Ombudsman inserted by No. 82/2012 s. 224(1)(a). office of the Ombudsman means the office in respect of which the Ombudsman has the functions of public service body Head under section 16 of the Public Administration Act 2004; S. 2(1) def. of Ombudsman officer inserted by No. 82/2012 s. 224(1)(a). Ombudsman officer means any of the following— (a) the Ombudsman; (b) the Acting Ombudsman; (c) a member of Ombudsman staff; S. 2(1) def. of Ombudsman premises inserted by No. 82/2012 s. 224(1)(a). Ombudsman premises means any premises or part of premises occupied by the office of the Ombudsman or an Ombudsman officer, other than residential premises; S. 2(1) def. of own motion investigation inserted by No. 82/2012 s. 224(1)(a). own motion investigation means an investigation by the Ombudsman under section 16A; s. 2
(f) any information that could enable a person who has given, or may give, evidence, or who has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance, to be identified or located; (g) the fact that a person has given, or may give, evidence, or has produced, or may produce, any document or thing, at a compulsory appearance or a voluntary appearance; S. 2(1) def. of specified entity inserted by No. 82/2012 s. 224(1)(a). specified entity means a person or body specified in column 1 of Schedule 1; S. 2(1) def. of spouse inserted by No. 82/2012 s. 224(1)(a). spouse of a person means a person to whom the person is married; S. 2(1) def. of State Trustees inserted by No. 15/1998 s. 10(1)(b). State Trustees means the company described as State Trustees in the State Trustees (State Owned Company) Act 1994 while that company is a company a majority of shares in which is held by or on behalf of the State. S. 2(1) def. of VAGO officer inserted by No. 82/2012 s. 224(1)(a). VAGO officer has the meaning given in section 3(1) of the Audit Act 1994; S. 2(1) def. of Victorian Office inserted by No. 82/2012 s. 224(1)(a). Victorian Auditor-General's Office has the meaning given in section 3(1) of the Audit Act 1994; s. 2
S. 2(1) def. of Victorian court inserted by No. 82/2012 s. 224(1)(a). Victorian court means— (a) the Supreme Court; (b) the County Court; (c) the Magistrates' Court; (d) the Children's Court; (e) the Coroners Court; S. 2(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 224(1)(a). Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act 2011; S. 2(1) def. of Victorian Inspectorate Officer inserted by No. 82/2012 s. 224(1)(a). Victorian Inspectorate Officer has the meaning given in section 3(1) of the Victorian Inspectorate Act 2011; S. 2(1) def. of voluntary appearance inserted by No. 82/2012 s. 224(1)(a). voluntary appearance means the appearance of a person before an Ombudsman officer in the course of or in relation to the performance of the Ombudsman's functions under this Act or any other Act, other than a compulsory appearance; S. 2(1) def. of witness summons inserted by No. 82/2012 s. 224(1)(a). witness summons means a summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958. Note Section 18 applies section 17 of the Evidence (Miscellaneous Provisions) Act 1958 to investigations under this Act. S. 2(2) inserted by No. 82/2012 s. 224(2). (2) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as it has in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 2(3) inserted by No. 85/2012 s. 144(2). (3) In this Act, a reference to a person who made a protected disclosure complaint or to a person who made a relevant protected disclosure complaint is a reference to a person who made a disclosure that was determined to be a protected disclosure complaint under section 26 of the Protected Disclosure Act 2012. s. 2 __________________ 3 Appointment of Ombudsman (1) There shall be appointed a Commissioner for Administrative Investigations, to be called the Ombudsman. s. 3 (2) The Ombudsman shall be appointed by the Governor in Council and shall hold office in accordance with this Act. (3) The Ombudsman shall not be a Member of Parliament of or of the Commonwealth or any other State. S. 3(4) substituted by No. 62/1989 s. 5. (4) Subject to this Act, the Ombudsman holds office for a term of 10 years, and is not eligible to be reappointed.