S. 2(1) def. of police personnel misconduct inserted by No. 30/2016 s. 55(a). police personnel misconduct has the same meaning as it has in section 3(1) of the Independent Broad-based Anticorruption Commission Act 2011; S. 2(1) def. of presiding officer inserted by No. 82/2012 s. 224(1)(a). presiding officer means the Ombudsman officer before whom a person is appearing at a compulsory appearance or voluntary appearance; S. 2(1) def. of principal officer amended by Nos 8884 s. 2(c), 12/1989 s. 4(1)(Sch. 2 item 86.4), 62/1989 s. 4(b), 125/1993 s. 20(9), 46/1998 s. 7(Sch. 1), 102/1998 s. 34, 108/2004 s. 117(1) (Sch. 3 item 144.2), substituted by No. 82/2012 s. 224(1)(e), amended by Nos 85/2012 s. 144(1)(b), 1/2014 s. 69(b). principal officer means— (a) in relation to a Department, the Department Head of the Department within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Department Head; (b) in relation to an Administrative Office, the Administrative Office Head of the Administrative Office within the meaning of the Public Administration Act 2004 or the person carrying out the duties of the Administrative Office Head; (ba) in relation to Court Services Victoria, the Chief Executive Officer within the meaning of the Court Services Victoria Act 2014; (c) in relation to a specified entity, the person (if any) specified in column 2 of Schedule 1 opposite the specified entity; (d) in relation to a member of the teaching service, the Secretary within the meaning of the Education and Training Reform Act 2006;
S. 2(1) def. of Public Statutory Body amended by No. 15/1998 s. 10(1)(a), substituted by No. 82/2012 s. 224(1)(f). public statutory body means— (a) a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or (b) a body whose members, or a majority of whose members, are appointed by the Governor in Council or a Minister; or (c) a company all the shares or a majority of the shares in which are held by the State or an authority; S. 2(1) def. of referred complaint inserted by No. 82/2012 s. 224(1)(a). referred complaint has the meaning given in section 16B(1); S. 2(1) def. of referred matter inserted by No. 82/2012 s. 224(1)(a). referred matter has the meaning given in section 16B(2); S. 2(1) def. of relevant protected disclosure complaint inserted by No. 85/2012 s. 144(1)(a). relevant protected disclosure complaint means a protected disclosure complaint that the Ombudsman is required to investigate under section 15C; S. 2(1) def. of responsible Minister inserted by No. 82/2012 s. 224(1)(a), amended by Nos 85/2012 s. 144(1)(c), 1/2014 s. 69(c). responsible Minister means— (a) in relation to a Department, the Minister responsible for the Department; (b) in relation to an Administrative Office, the Minister responsible for the Administrative Office;
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(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. 8 (Heading) inserted by No. 108/2004 s. 117(1) (Sch. 3 item 144.4) 8 Application of Public Administration Act 2004 S. 8(1) amended by Nos 9059 s. 2(1)(Sch. item 31), 14/1988 s. 7, 62/1989 s. 7(a)(b), 46/1998 s. 7(Sch. 1), substituted by No. 32/2004 s. 5(2), amended by Nos 63/2004 s. 7(d), 108/2004 s. 117(1) (Sch. 3 item 144.5). (1) A person who is the Ombudsman or Acting Ombudsman is not, in respect of the office of Ombudsman or Acting Ombudsman, subject to the Public Administration Act 2004. S. 8(2) amended by Nos 9059 s. 2(1)(Sch. item 32), 14/1988 s. 7, 62/1989 s. 7(a)(b), substituted by No. 46/1998 s. 7(Sch. 1), amended by Nos 32/2004 s. 5(3)(a), 30/2016 s. 70(2)(e). (2) A person who is the Ombudsman or Acting Ombudsman and who, immediately before their appointment as such was an employee in the public service— S. 8(2)(a) amended by Nos 32/2004 s. 5(3)(a), 30/2016 s. 70(2)(e)(f). (a) is eligible to be employed in the public service at the termination of their office as the Ombudsman or Acting Ombudsman with a classification and emolument corresponding with or higher than that which the person last held or received in the public service immediately before their
S. 10 amended by Nos 14/1988 s. 9, 15/1989 s. 24, substituted by No. 32/2004 s. 6. 10 Oath or affirmation S. 10(1) amended by Nos 63/2004 s. 7(e)(i), 30/2016 s. 70(2)(i)(j). (1) Before the Ombudsman or Acting Ombudsman performs any of the duties of office of Ombudsman, the Ombudsman or Acting Ombudsman must take an oath or make an affirmation that they— S. 10(1)(a) amended by No. 63/2004 s. 7(e)(ii). (a) will faithfully and impartially perform the duties of office of Ombudsman; and (b) will not divulge, except according to law, any information received in the performance of those duties. S. 10(2) substituted by No. 82/2012 s. 225(1), amended by No. 302016 s. 70(2)(k). (2) Before a member of Ombudsman staff performs any duties as a member of Ombudsman staff, the member must take an oath or make an affirmation that the member— S. 10(2)(a) amended by No. 30/2016 s. 70(2)(l). (a) will faithfully and impartially perform their duties as a member of Ombudsman staff; and (b) will not divulge, except according to law, any information received in the performance of those duties. (3) The oath or affirmation is to be administered by— (a) the Speaker of the Legislative Assembly, in the case of the Ombudsman or Acting Ombudsman; S. 10(3)(b) amended by No. 82/2012 s. 225(2). (b) the Ombudsman or Acting Ombudsman, in the case of a member of Ombudsman staff.
S. 13 amended by Nos 8651 s. 2, 8884 s. 3, 9059 s. 2(1)(Sch. item 33), 14/1988 s. 11, 12/1989 s. 4(1)(Sch. 2 items (as amended by No. 13/1990 s. 38(2)(l)), 15/1989 s. 25, 62/1989 s. 8, 35/1996 s. 453(Sch. 1 item 62.1), 93/1997 s. 26, 15/1998 s. 10(2), 102/1998 s. 35, 23/2002 s. 201, 103/2003 s. 30(1)(2), 56/2004 s. 76(2), 79/2004 s. 71(a), 18/2005 s. 18(Sch. 1 item 73.1), 43/2006 s. 47(Sch. item 2), 65/2007 s. 111, 27/2009 s. 16, 29/2011 s. 3(Sch. 1 item 64), 66/2011 s. 42, 70/2011 s. 46, 72/2011 s. 52, 6/2012 s. 43, 43/2012 s. 3(Sch. item 36), substituted by No. 82/2012 s. 227. 13 Principal function of Ombudsman (1) The principal function of the Ombudsman is to enquire into or investigate any administrative action taken by or in an authority, other than administrative action— (a) that appears to involve corrupt conduct; or (b) that is taken under the Freedom of Information Act 1982. Note See section 13AA(1)(a) for the Ombudsman's function in relation to corrupt conduct. S. 13(2) amended by No. 30/2016 s. 70(2)(n). (2) The function of the Ombudsman under subsection (1) includes the power to enquire into or investigate whether any administrative action
Pt 3A (Heading and ss 13A, 13B) inserted by No. 62/1989 s. 9. S. 13A inserted by No. 62/1989 s. 9. 13A Conducting of enquiries (1) The Ombudsman may conduct an enquiry for the purpose of determining whether— S. 13A(1)(a) amended by Nos 85/2012 s. 147, 30/2016 s. 56(1)(a). (a) an investigation under this Act should be conducted; or S. 13A(1)(b) amended by No. 30/2016 s. 56(1)(b). (b) the matter (other than a protected disclosure complaint) may be resolved informally. S. 13A(2) amended by Nos 82/2012 s. 228(a), 30/2016 s. 70(2)(q). (2) The Ombudsman may conduct an enquiry either an own motion or as a consequence of a complaint under section 14, a referred complaint or a referred matter. S. 13A(3) amended by Nos 82/2012 s. 228(b), 30/2016 s. 56(2). (3) The principal officer of an authority or a protected disclosure entity (if any) must assist the Ombudsman in the conduct of an enquiry. S. 13B inserted by No. 62/1989 s. 9. 13B Communication of information to complainant Section 24 applies to— (a) information obtained or received in the course or as a result of an enquiry under this Act; and (b) the result of an enquiry under this Act and any recommendations made— as if the enquiry were an investigation under this Act.
S. 15F inserted by No. 85/2012 s. 148. 15F Person who made protected disclosure complaint to be informed of refusal to investigate If the Ombudsman refuses to conduct an investigation on a protected disclosure complaint, the Ombudsman, within a reasonable time after receiving the protected disclosure complaint from the IBAC, must inform the person who made the protected disclosure complaint of— (a) the refusal to conduct the investigation; and (b) the reason for that refusal. Division 2—Parliamentary complaints 16 Investigations referred by Parliament S. 16(1) amended by No. 30/2016 s. 70(2)(r). (1) At any time— (a) the Legislative Council or a committee of the Legislative Council; (b) the Legislative Assembly or a committee of the Legislative Assembly; or (c) a joint committee of both Houses of Parliament— may refer to the Ombudsman for investigation and report any matter, other than a matter concerning a judicial proceeding, which that House or committee considers should be investigated by the Ombudsman. S. 16(2) amended by No. 30/2016 s. 70(2)(r). (2) Where a matter is referred to the Ombudsman pursuant to subsection (1), the Ombudsman shall, notwithstanding anything to the contrary in this Act, forthwith investigate that matter and report thereon. Note to s. 16(2) inserted by No. 82/2012 s. 230(a). Note Section 25AB provides for the manner of reporting.
S. 16(3) repealed by No. 82/2012 s. 230(b). * * * * * Pt 4 Div. 2A (Heading and s. 16A) inserted by No. 82/2012 s. 231. Division 2A—Own motion investigations S. 16A inserted by No. 82/2012 s. 231. 16A Ombudsman may conduct own motion investigation S. 16A(1) amended by No. 30/2016 s. 70(2)(s). (1) Subject to section 13AB and this section, the Ombudsman may conduct an own motion investigation into any administrative action taken by or in an authority. S. 16A(2) substituted by No. 30/2016 s. 62. (2) Subject to subsection (2A), the Ombudsman must not conduct an own motion investigation into any administrative action that the Ombudsman suspects on reasonable grounds involves corrupt conduct until the Ombudsman notifies the IBAC or the Victorian Inspectorate under Division 2C. Note See also section 16D. S. 16A(2A) inserted by No. 30/2016 s. 62. (2A) If the IBAC notifies the Ombudsman that it has determined under section 58 of the Independent Broad-based Anti-corruption Commission Act 2011 to investigate a matter or to refer it to another body, the Ombudsman must not conduct, or continue to conduct, an own motion investigation into any administrative action that involves the matter unless— (a) the IBAC and the Ombudsman agree, to the extent and subject to the conditions agreed; or
S. 16G inserted by No. 82/2012 s. 231. 16G Notification to Freedom of Information Commissioner (1) The Ombudsman must notify the Freedom of Information Commissioner of a complaint if the complaint could be made the subject of a complaint under Part VIA of the Freedom of Information Act 1982. (2) If the Ombudsman notifies the Freedom of Information Commissioner of a complaint under this section, the Ombudsman must inform the complainant in writing. Pt 4 Div. 2D (Heading and ss 16H–16K) inserted by No. 82/2012 s. 231. Division 2D—Referrals by the Ombudsman S. 16H inserted by No. 82/2012 s. 231. 16H Application of Division This Division does not apply to— (a) a complaint that appears to involve corrupt conduct or police personnel conduct; or (b) a complaint that appears to involve conduct of— (i) the IBAC or IBAC personnel; or (ii) an Ombudsman officer; or (iii) a VAGO officer; or (iv) the Chief Examiner or an Examiner; or S. 16H(c) amended by No. 85/2012 s. 151(a). (c) a complaint about administrative action that is taken under the Freedom of Information Act 1982; or S. 16H(d) inserted by No. 85/2012 s. 151(b). (d) a complaint that is a referred complaint within the meaning of section 16B(1)(c).
(3) The operation of this section is not limited by sections 16L and 26A. Division 3—Conduct of investigations 17 Procedure relating to investigations S. 17(1) substituted by No. 8884 s. 4(a), amended by Nos 12/1989 s. 4(1)(Sch. 2 item 86.8), 103/2003 s. 30(3)(4), 65/2007 s. 112, substituted by No. 82/2012 s. 232(1). (1) Before conducting an investigation under this Act, the Ombudsman must inform the following in writing of the Ombudsman's intention to conduct the investigation— S. 17(1)(a) amended by No. 85/2012 s. 153(1)(a). (a) the complainant or the person who made the relevant protected disclosure complaint; and S. 17(1)(b) amended by No. 85/2012 s. 153(1)(b). (b) the principal officer (if any) of the authority or protected disclosure entity to which the investigation relates; and S. 17(1)(c) substituted by No. 85/2012 s. 153(1)(c). (c) the responsible Minister (if any) for the authority or protected disclosure entity to which the investigation relates; and S. 17(1)(d) amended by No. 85/2012 s. 153(1)(d). (d) if the investigation relates to a member of staff of a Council or a Councillor, the Mayor of the Council. S. 17(1A) inserted by No. 85/2012 s. 153(2). (1A) Information given under subsection (1)(a) to a person who made a relevant protected disclosure complaint must include a written statement advising the recipient that it is an offence under section 26FA to disclose the Ombudsman's intention to conduct an investigation.
and inspect those premises or anything for the time being therein or thereon. S. 21(2) inserted by No. 85/2012 s. 159(2). (2) For the purpose of conducting an investigation on a relevant protected disclosure complaint, the Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may at any reasonable time enter any premises occupied or used by an authority or a protected disclosure entity in its capacity as such and inspect those premises or anything for the time being in them or on them. S. 22 amended by No. 62/1989 s. 12(2)(a)(b). 22 Obstruction (1) A person who— S. 22(1)(a) amended by No. 30/2016 s. 70(3)(f)(g). (a) without lawful excuse (proof of which shall lie upon that person) wilfully obstructs hinders or resists the Ombudsman or any other person in the exercise of powers under this Act; S. 22(1)(b) amended by No. 30/2016 s. 70(3)(f). (b) without lawful excuse (proof of which shall lie upon that person) refuses to or wilfully fails to comply with any lawful requirement of the Ombudsman or any other person under this Act; or S. 22(1)(c) amended by No. 30/2016 s. 70(3)(g)(h). (c) wilfully makes a statement the person knows to be false or to be misleading in a material particular or misleads or attempts to mislead the Ombudsman or any other person in the exercise of powers under this Act— shall be guilty of an offence against this Act.
S. 23(5)(c) inserted by No. 85/2012 s. 160(5)(d). (c) where the report relates to a relevant protected disclosure complaint about a Councillor or a member of staff of a Council, to the Mayor of the Council— a copy of the report and the recommendations together with a copy of any such comments. S. 23(6) substituted by No. 79/2004 s. 72(2). (6) If a copy of any report and recommendations together with a copy of any comments has been sent to the Governor in Council under subsection (5), the Ombudsman may make a report to the Parliament on any of the matters to which the report and recommendations relate that the Ombudsman thinks fit. S. 23(6A) inserted by No. 85/2012 s. 160(6). (6A) The Ombudsman must not include in a recommendation under subsection (2) or (2A) any information that— (a) is likely to lead to the identification of a person who has made an assessable disclosure; and (b) is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies. S. 23(7) repealed by No. 82/2012 s. 239(3)(c). * * * * * S. 23A inserted by No. 85/2012 s. 161. 23A Report on investigation—relevant protected disclosure complaints about members of Parliament On completion of an investigation on a relevant protected disclosure complaint about a member of Parliament, the Ombudsman must report the findings of the investigation— (a) to the President of the Legislative Council, if the complaint is about a member of the Legislative Council; or
Schs (Heading) inserted by No. 82/2012 s. 251. Sch. amended by Nos 35/1989 s. 22, 29/2006 s. 3(Sch. 1 item 25) substituted as Sch. 1 by No. 82/2012 s. 251, amended by Nos 35/2014 s. 62, 67/2013 s. 649(Sch. 9 item 26), 60/2014 s. 140(Sch. 3 item 33.2), 17/2014 s. 160(Sch. 2 item 66.1), 30/2016 s. 70(7)(a). Section 2(1) Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 1 Office of the Commissioner for Environmental Sustainability Commissioner for Environment Sustainability Minister administering the Commissioner for Environmental Sustainability Act 2003 2 Office of the Essential Services Commission The Chairperson within the meaning of the Essential Services Commission Act 2001 Minister administering the Essential Services Commission Act 2001 3 Office of the Freedom of Information Commissioner Freedom of Information Commissioner Minister administering Part IA of the Freedom of Information Act 1982 4 Office of the Victorian Legal Services Commissioner Victorian Legal Services Commissioner Minister administering the Legal Profession Uniform Law Application Act 2014
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 11 Victorian Multicultural Commission Chairperson of the Commission Minister administering the Multicultural Victoria Act 2011 12 State Trustees The Chair of State Trustees Minister administering the State Trustees (State Owned Company) Act 1994 13 A public statutory body that is not specified elsewhere in this Schedule The chairperson or presiding member of the body For a body established by or under an Act, the Minister administering the provision of the Act under which the body is constituted or established In any other case, the Minister who is responsible for the body 14 The holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister There is no principal officer The Minister administering the provision of the Act by or under which the office is established 15 A member of staff of a Council The Chief Executive Officer of the Council Minister administering Part 4 of the Local Government Act 1989
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 16 A person in the person's capacity as a delegate of the Victorian WorkCover Authority administering claims under the Workers Compensation Act 1958 The delegate or, if the delegate is a body corporate, the senior executive officer of the delegate (by whatever title known) Minister administering Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 17 A person in the person's capacity as an authorised agent of the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013 The authorised agent or, if the authorised agent is a body corporate, the senior executive officer of the authorised agent (by whatever title known) Minister administering Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 18 A body corporate in its capacity as a under the Workplace Injury Rehabilitation and Compensation Act 2013 The senior executive officer of the self-insurer (by whatever title known) Minister administering Part 8 of the Workplace Injury Rehabilitation and Compensation Act 2013 19 A registered community service within the meaning of section 3(1) of the Children, Youth and Families Act 2005 in its capacity as carrying out any duty or function or exercising any power under that Act The person in charge of the registered community service Minister administering Chapter 2 of the Children, Youth and Families Act 2005
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 20 A person authorised under section 18 or 19 of the Children, Youth and Families Act 2005 in the person's capacity as carrying out any duty or function or exercising any power under that Act The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Chapter 2 of the Children, Youth and Families Act 2005 21 A person in the person's capacity as an authorised assessor under Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 5 of Part 3.3 of the Children, Youth and Families Act 2005 22 A person in the person's capacity as an authorised investigator under Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 The Secretary within the meaning of section 3(1) of the Children, Youth and Families Act 2005 Minister administering Division 4 of Part 3.4 of the Children, Youth and Families Act 2005 23 A contractor within the meaning of section 3(1) of the Corrections Act 1986 in its capacity as a provider of services under that Act The holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA of the Corrections Act 1986 for the purposes of the application of this Act to the contractor Minister administering Part 2A of the Corrections Act 1986
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 28 A contractor or within the meaning of section 69A of the Health Services Act 1988 in its capacity as a provider of health services to public hospital patients at the hospital in accordance with an agreement under section 69B(1) of that Act or a sub-contract agreement The holder of the office specified in the agreement under section 69B(1) of the Health Services Act 1988 or the agreement for the purposes of the application of this Act to the contractor or Minister administering Part 3A of the Health Services Act 1988 29 A contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under an agreement under section 124B(1) of that Act The holder of the office specified in the agreement under section 124B(1) of the Magistrates' Court Act 1989 for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989 30 A sub-contractor within the meaning of section 124A of the Magistrates' Court Act 1989 in its capacity as a provider of services under a sub-contract agreement under that Act The holder of the office specified in the sub-contract agreement for the purposes of the application of this Act to the contractor Minister administering Part 6A of the Magistrates' Court Act 1989
Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 31 An approved inspection service within the meaning of section 3(1) of the Plant Biosecurity Act 2010 in its capacity as a provider of services under an agreement under section 66 of that Act The holder of the office specified in the agreement under section 66 of the Plant Biosecurity Act 2010 for the purposes of the application of this Act to the approved inspection service Minister administering Division 2 of Part 7 of the Plant Biosecurity Act 2010 32 An officer of the Royal Society for the Prevention of Cruelty to Animals who is approved as a general inspector under section 18(1)(b)(ii) of the Prevention of Cruelty to Animals Act 1986 The Chief Executive Officer of the Royal Society for the Prevention of Cruelty to Animals Minister administering the Prevention of Cruelty to Animals Act 1986
35 A person in the person's capacity as a transport safety officer within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 (other than a person employed by a public statutory body) For a person appointed under section 228T of the Transport (Compliance and Miscellaneous) Act 1983 who is employed by or in an authority, the principal officer of the authority For any other person, the senior executive officer (by whatever title he or she is known) of the person's employer Minister administering Division 4B of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 36 The Victorian Auditor-General's Office The Minister administering the Audit Act 1994 37 A person or body prescribed by Rules of Parliament made under this Act for the purposes of this Schedule The person prescribed by Rules of Parliament made under this Act as the principal officer of the prescribed person or body The Minister prescribed by Rules of Parliament made under this Act as the responsible Minister for the prescribed person or body