Schedule 3 Amendment of Ombudsman Act 1974

(Section 5)

[1]   Section 6 Office of Ombudsman

Insert after section 6 (8):

  

(9)  Despite subsection (4) (b), the Ombudsman does not vacate the office of Ombudsman if the Ombudsman engages in paid employment outside the duties of the office with the approval of the Minister.

[2]   Section 8 Deputy Ombudsman and Assistant Ombudsman—appointment etc

Omit section 8 (1). Insert instead:

  

(1)  The Ombudsman may appoint one or more Deputy Ombudsman and Assistant Ombudsman.

(1A)  The Ombudsman must appoint a Deputy Ombudsman as the Community and Disability Services Commissioner for the purposes of the Community Services (Complaints, Reviews and Monitoring) Act 1993.

[3]   Section 8 (2)–(5)

Omit “the Deputy Ombudsman” wherever occurring.

Insert instead “a Deputy Ombudsman”.

[4]   Section 8 (6)

Insert after section 8 (5):

  

(6)  Despite subsection (2), section 6 (4) (b) does not apply to or in respect of a Deputy Ombudsman or an Assistant Ombudsman if the Deputy Ombudsman or Assistant Ombudsman engages in paid employment outside the duties of the office of Deputy Ombudsman or Assistant Ombudsman with the approval of the Ombudsman.

[5]   Section 8A Deputy Ombudsman and Assistant Ombudsman—functions

Omit “The Deputy” from section 8A (1). Insert instead “A Deputy”.

[6]   Section 8B

Insert after section 8A:

  

8B   Acting Deputy Ombudsman and Assistant Ombudsman

(1)  The Ombudsman may, from time to time, appoint a person to be an acting Deputy Ombudsman or Assistant Ombudsman, and the Ombudsman may revoke any such appointment.

(2)  In the absence of a Deputy Ombudsman or an Assistant Ombudsman, a person so appointed is to act in the place of the Deputy Ombudsman or Assistant Ombudsman.

(3)  While acting in the place of a Deputy Ombudsman or an Assistant Ombudsman, a person has all the functions of the Deputy Ombudsman or Assistant Ombudsman and is taken to be a Deputy Ombudsman or an Assistant Ombudsman.

[7]   Section 11 Effect of certain acts etc

Omit “the Deputy Ombudsman” from section 11 (a).

Insert instead “a Deputy Ombudsman”.

[8]   Section 23 Expert assistance

Omit “In an investigation or conciliation under this Act”.

Insert instead “For the purposes of the exercise of any of the Ombudsman’s functions”.

[9]   Section 35B Application to Supreme Court

Insert “(whether under this or any other Act)” after “investigation” where secondly occurring in section 35B (1).

[10]   Section 35B (3A)

Insert after section 35B (3):

  

(3A)  For the purposes of subsection (1), the following persons are interested parties in relation to the investigation of a community services complaint within the meaning of Part 4 of the Community Services (Complaints, Reviews and Monitoring) Act 1993:

(a)  a service provider or a provider of a visitable service that is the subject of the investigation or proposed investigation,

(b)  the chief executive or principal officer of that service provider or service,

(c)  if the investigation arises from the making of a complaint under that Act, the complainant.

[11]   Section 35C Referral of legal question to Administrative Decisions Tribunal for advisory opinion

Insert at the end of the section:

  

(4)  In this section:

agency includes a service provider or a provider of a visitable service within the meaning of the Community Services (Complaints, Reviews and Monitoring) Act 1993.

[12]   Section 37 Offences

Omit “this Act” from section 37 (1) (b).

Insert instead “this or any other Act”.

[13]   Section 37 (2) (c)

Omit “the Deputy Ombudsman” wherever occurring.

Insert instead “a Deputy Ombudsman”.

[14]   Section 37 (2) (c2)

Insert after section 37 (2) (c1):

  

(c2)  where he or she has not been appointed under section 8B as an acting Deputy Ombudsman or an Assistant Ombudsman—represent that he or she has been so appointed,

[15]   Section 40

Insert after section 39:

  

40   Savings and transitional provisions

Schedule 2 has effect.

[16]   Schedule 1 Excluded conduct of public authorities

Omit item 28.

[17]   Schedule 2

Insert after Schedule 1:

  

Schedule 2 Savings and transitional provisions

(Section 40)

1   Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Community Services Legislation Amendment Act 2002 (but only to the extent that it amends this Act)

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2   Existing Deputy Ombudsman and Assistant Ombudsman

Nothing in the Community Services Legislation Amendment Act 2002 affects the appointment of a person who held office as a Deputy Ombudsman or an Assistant Ombudsman immediately before the substitution of section 8 (1) by that Act.