S. 16D(3) amended by No. 82/2012 s. 313(f). (3) Section 16A(2) does not apply to a referred matter that is a notification within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 referred to the Ombudsman by the IBAC under section 73 of that Act. Pt 4 Div. 2C (Heading and ss 16E–16G) inserted by No. 82/2012 s. 231. Division 2C—Mandatory notifications by the Ombudsman S. 16E inserted by No. 82/2012 s. 231. 16E Notification to IBAC s. 16E (1) The Ombudsman must notify the IBAC of the following— (a) a complaint or referred matter that appears to involve corrupt conduct or police personnel conduct; or (b) a matter that appears to involve corrupt conduct or police personnel conduct of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under this Act. (2) If the Ombudsman notifies the IBAC of a complaint under subsection (1), the Ombudsman must inform the complainant in writing. S. 16E(3) amended by No. 82/2012 s. 313(f). (3) This section does not apply to anything referred to the Ombudsman by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011. S. 16E(4) amended by No. 82/2012 s. 313(f). (4) If the Ombudsman considers at any time that anything referred to the Ombudsman by the IBAC under section 73 of the Independent Anti-corruption Commission Act 2011
appears to involve conduct that is serious corrupt conduct, the Ombudsman must inform the IBAC. (5) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. S. 16F inserted by No. 82/2012 s. 231. 16F Notification to Victorian Inspectorate s. 16F (1) The Ombudsman must notify the Victorian Inspectorate of any of the following— (a) a complaint or referred matter that appears to involve conduct of the IBAC or IBAC personnel; (b) a complaint or referred matter that appears to involve conduct (other than corrupt conduct) of an Ombudsman officer, a VAGO officer, the Chief Examiner or an Examiner. S. 16F(2) amended by No. 85/2012 s. 150. (2) The Ombudsman must notify the Victorian Inspectorate of any matter relating to conduct referred to in subsection (1)(a) or (b) of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or an investigation on a relevant protected disclosure complaint or performing any other functions under this Act, if the Ombudsman considers that the matter is relevant to the performance of the functions of the Victorian Inspectorate. (3) If the Ombudsman notifies the Victorian Inspectorate of a complaint under this section, the Ombudsman must inform the complainant in writing. 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
S. 18 (Heading) inserted by No. 82/2012 s. 233(1). 18 Investigation powers and privileges S. 18(1) amended by Nos 15/1989 s. 28(2), 69/2009 s. 54(Sch. Pt 2 item 37), 67/2014 s. 147(Sch. 2 item 27.1). (1) The provisions of sections 17, 18, 19, 20 and 20A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, shall apply to and in relation to any investigation which the Ombudsman is authorized to conduct under this Act as if he were the sole Commissioner issued with a commission by the Governor in Council. S. 18(1A) inserted by No. 82/2012 s. 233(2). (1A) A witness summons issued by the Ombudsman— (a) must be in the form (if any) prescribed by Rules of Parliament made under this Act; and (b) if the witness summons requires the person to whom it is directed to give evidence, must state the nature of the matters about which the person is to give evidence, except to the extent to which the Ombudsman forms the opinion on reasonable grounds that this may— (i) prejudice the conduct of the investigation to which the witness summons relates; or (ii) be contrary to the public interest. S. 18(1B) inserted by No. 82/2012 s. 233(2). (1B) For the avoidance of doubt, the Ombudsman is not required to give reasons for forming the opinion referred to in subsection (1A)(b). s. 18 S. 18(2) amended by No. 82/2012 s. 233(3). (2) For the purpose of an investigation under this Act the Ombudsman may take a statutory declaration from any witness or other person.
(2) A person who claims to be under the age of 16 years at the date of issue of a witness summons directed to them must provide proof of age to the Ombudsman in accordance with Rules of Parliament made under this Act. S. 18C inserted by No. 82/2012 s. 234. 18C Legal advice and representation s. 18C (1) A person may seek legal advice from, and be represented by, a legal practitioner in relation to— (a) an enquiry or investigation conducted by the Ombudsman under this Act; and S. 18C(1)(b) amended by No. 85/2012 s. 155. (b) the person's rights, liabilities, obligations and privileges under this Act or the Protected Disclosure Act 2012. (2) Without limiting subsection (1) but subject to subsection (3), a person may seek legal advice, and be represented by, a legal practitioner in relation to— (a) the issue of a witness summons directed to the person; (b) a compulsory appearance by the person; (c) a proposed report, or draft or part of a proposed report, under this Act received by the person. (3) The Ombudsman may direct a person in writing not to seek legal advice or representation from a specified legal practitioner in relation to any or all of the matters referred to in subsection (2) if the Ombudsman considers on reasonable grounds that the enquiry or investigation to which the matter relates may be prejudiced because the legal practitioner is— (a) appearing at a compulsory appearance; or (b) representing another person who is appearing at a compulsory appearance; or
(a) must report the findings of the investigation— (i) to the principal officer (if any) of the appropriate authority or protected disclosure entity; or (ii) if there is no principal officer, to the responsible Minister for the authority or protected disclosure entity; or (iii) if the protected disclosure complaint is about a Councillor, to the Mayor of the appropriate Council; and (b) may make recommendations as to the action to be taken as a result of the investigation. S. 23(3) amended by Nos 8884 s. 6(a), 79/2004 s. 72(1), substituted by No. 82/2012 s. 239(2), amended by No. 85/2012 s. 160(3)(a). (3) If the Ombudsman makes a report or recommendations under subsection (2) or (2A), the Ombudsman— s. 23 (a) must send a copy— S. 23(3)(a)(i) amended by No. 85/2012 s. 160(3)(b). (i) to the responsible Minister for the authority or protected disclosure entity (unless the Ombudsman has made the report or recommendations to the responsible Minister under subsection (2)); and (ii) if the authority is a member of staff of a Council, to the Mayor of the Council; and (b) may send a copy to the Premier.
S. 24 (Heading) inserted by No. 85/2012 s. 162(1). S. 24 amended by No. 62/1989 s. 13(a)–(d). 24 Complainant or person who made relevant protected disclosure complaint to be informed of result of investigation s. 24 S. 24(1) substituted by No. 85/2012 s. 162(2). (1) If the Ombudsman conducts an investigation on a complaint or a relevant protected disclosure complaint, or takes any other action on a complaint, the Ombudsman must inform the complainant or person who made the relevant protected disclosure complaint of the following— (a) the result of the investigation or other action; (b) if the Ombudsman has made any recommendations under section 23(2) or (2A) and it appears that appropriate steps have not been taken within a reasonable time of making those recommendations— (i) the recommendations; and (ii) any comments on the recommendations that the Ombudsman thinks fit. S. 24(2) inserted by No. 62/1989 s. 13(d), amended by No. 85/2012 s. 162(3). (2) The Ombudsman may disclose to a complainant or person who made a relevant protected disclosure complaint any information that the Ombudsman thinks proper, in addition to any information disclosed under subsection (1). S. 24(3) inserted by No. 82/2012 s. 240. (3) The Ombudsman must not disclose any information under this section if the Ombudsman considers that the disclosure of the information would— (a) not be in the public interest or in the interests of justice; or (b) put a person's safety at risk; or
S. 26G inserted by No. 82/2012 s. 245. 26G Oversight by Victorian Inspectorate s. 26G The functions of the Victorian Inspectorate in respect of Ombudsman officers are set out in the Victorian Inspectorate Act 2011. S. 26H inserted by No. 82/2012 s. 245. 26H Oversight by Accountability and Oversight Committee (1) The functions of the Accountability and Oversight Committee under this Act are— (a) to monitor and review the performance of the duties and functions of the Ombudsman; (b) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Ombudsman that requires the attention of the Parliament; (c) to examine any reports by the Ombudsman that are laid before a House of the Parliament. (2) Despite anything to the contrary in subsection (1), the Accountability and Oversight Committee cannot— S. 26H(2)(a) amended by No. 85/2012 s. 169. (a) investigate a matter relating to particular conduct the subject of any particular complaint, protected disclosure complaint, referred complaint or referred matter; S. 26H(2)(b) amended by No. 85/2012 s. 169. (b) review any decision to investigate, not to investigate or to discontinue an investigation of, a particular complaint, protected disclosure complaint, referred complaint or referred matter; S. 26H(2)(c) amended by No. 85/2012 s. 169. (c) review any findings, recommendations, determinations or other decisions of the Ombudsman in relation to a particular complaint, protected disclosure complaint,
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 Legal Services Commissioner Legal Services Commissioner Minister administering the Legal Profession Act 2004 5 Office of the Commissioner for Privacy and Data Protection Commissioner for Privacy and Data Protection Minister administering the Privacy and Data Protection Act 2014 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 6 Office of Public Prosecutions Solicitor for Public Prosecutions Minister administering the Public Prosecutions Act 1994 7 Office of the Road Safety Camera Commissioner Road Safety Camera Commissioner Minister administering the Road Safety Camera Commissioner Act 2011
8 Office of the Taxi Services Commission Chairperson of the Commission Minister administering Division 3 of Part 5 of the Transport Integration Act 2010 9 Victorian Commission for Gambling and Liquor Regulation Chairperson of the Commission Minister administering the Victorian Commission for Gambling and Liquor Regulation Act 2011 10 Victorian Equal Opportunity and Human Rights Commission The Commissioner within the meaning of the Equal Opportunity Act 2010 Minister administering the Equal Opportunity Act 2010 11 Victorian Multicultural Commission Chairperson of the Commission Minister administering the Multicultural Victoria Act 2011 Sch. 1 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister 12 State Trustees The Chair of State Trustees Minister administering the State Trustees (State Owned Company) Act 1994 Sch. 1
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 he or she is known) Minister administering Part 11 of the Workplace Injury Rehabilitation and Compensation Act 2013 Sch. 1
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 he or she is 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 he or she is 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 Sch. 1
25 A contractor within the meaning of section 2(1) of the Court Security Act 1980 in its capacity as a provider of court security services under that Act The holder of the office specified in the agreement under section 2C of the Court Security Act 1980 for the purposes of the application of this Act to the contractor Minister administering section 2C of the Court Security Act 1980 26 A person appointed as an authorised officer under section 71A(1) of the Domestic Animals Act 1994 There is no principal officer Minister administering the Domestic Animals Act 1994 27 A person appointed as an authorised officer under section 72A(1) of the Domestic Animals Act 1994 The Mayor of the relevant Council Minister administering the Domestic Animals Act 1994 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister Sch. 1
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 Sch. 1 Item Column 1 Specified entity Column 2 Principal officer Column 3 Responsible Minister
20 A Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown 21 A Board of Inquiry established under the Inquiries Act 2014 21A A Formal Review established under the Inquiries Act 2014 22 An inspector of municipal administration appointed under the Local Government Act 1989 Sch. 3 23 A person or body prescribed for the purposes of this Schedule by Rules of Parliament made under this Act ENDNOTES General Information Endnotes The Ombudsman Act 1973 was assented to on 17 April 1973 and came into operation on 30 October 1973: Government Gazette 30 October 1973 page 3595. Table of Amendments Endnotes This Version incorporates amendments made to the Ombudsman Act 1973 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Ombudsman (Exemption) Act 1974, No. 8651/1974 Assent Date: 17.12.74 Commencement Date: 17.12.74 : All of Act in operation Ombudsman (Municipalities) Act 1976, No. 8884/1976 Assent Date: 19.10.76 Commencement Date: 1.1.77: Government Gazette 22.12.76 p. 3739 : All of Act in operation Statute Law Revision Act 1977, No. 9059/1977 Assent Date: 29.11.77 Commencement Date: 29.11.77; subject to s. 2(2) : All of Act in operation Ombudsman (Co-operation) Act 1979, No. 9256/1979
Assent Date: 9.12.03 Commencement Date: S. 30(1)(3) on 10.12.03: s. 2(1); s. 30(2)(4) on 1.12.05: s. 2(3) : This information relates only to the provision/s amending the Ombudsman Act 1973 Ombudsman Legislation (Police Ombudsman) Act 2004, No. 32/2004 Assent Date: 1.6.04 Commencement Date: Ss 3–8 on 2.6.04: s. 2 : This information relates only to the provision/s amending the Ombudsman Act 1973 Sex Offenders Registration Act 2004, No. 56/2004 Assent Date: 21.9.04 Commencement Date: Ss 76–78 on 1.10.04: s. 2 : This information relates only to the provision/s amending the Ombudsman Act 1973 Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004 Assent Date: 12.10.04 Commencement Date: S. 7 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1 : This information relates only to the provision/s amending the Ombudsman Act 1973 Major Crime (Investigative Powers) Act 2004, No. 79/2004 Assent Date: 16.11.04 Commencement Date: Ss 71–73 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 : This information relates only to the provision/s amending the Ombudsman Act 1973 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 144) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Ombudsman Act 1973 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 73) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Ombudsman Act 1973 Endnotes Disability Act 2006, No. 23/2006