Ombudsman Act 1976 (Cth)

Ombudsman Act 1976

No. 181, 1976

Compilation No. 61

Compilation date: 15 February 2025

Includes amendments: Act No. 7, 2025

About this compilation

This compilation

This is a compilation of the Ombudsman Act 1976 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3A Prescribed authorities: Commonwealth‑controlled companies 3B Certain legislation relating to Australian Capital Territory not to be enactment 3BA Commonwealth service providers 3C Application of Act 3D Application of the Criminal Code Part II—Establishment, functions, powers and duties of the Ombudsman Division 1—Establishment and functions 4 Establishment of offices of Ombudsman and Deputy Ombudsman 4A The Office of the Commonwealth Ombudsman 5 Functions of Ombudsman 5A Public interest disclosure functions of Ombudsman 5B Transfer of complaints from the Inspector‑General of Intelligence and Security 6 Discretion not to investigate certain complaints 6A Transfer of complaints about ACC 6B Transfer of complaints about National Anti‑Corruption Commissioner 6C Transfer of complaints to Information Commissioner 6D Tax administration matters and transfer of complaints to Inspector‑General of Taxation 6E Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman 6F Transfer of complaints to the Inspector‑General of Intelligence and Security 6G Transfer of information to the National Anti‑Corruption Commissioner or the Inspector 7 Complaints 7A Preliminary inquiries 8 Investigations 8A Investigations by Commonwealth and State Ombudsmen 8B Investigations by other authorities of ACC actions 8C Investigations by other authorities of National Anti‑Corruption Commission actions 8D Investigations by Ombudsman and Australian Federal Police 9 Power to obtain information and documents 10 Unreasonable delay in exercising power 10A Ombudsman may refer questions to the Administrative Review Tribunal 11 Ombudsman may recommend that the principal officer refer questions to the Administrative Review Tribunal 11A Powers of Federal Court of Australia 12 Complainant and Department etc. to be informed 13 Power to examine witnesses 14 Power to enter premises 14A Power to obtain access to documents etc. by remote means Division 2—Reports 15 Reports by Ombudsman 16 Reports where appropriate action not taken on Ombudsman's report 17 Special reports to Parliament 18 Ombudsman may have further discussion with principal officer 19 Reports to Parliament Part IIA—Establishment, functions, powers and duties of the Defence Force Ombudsman 19B Establishment of office of Defence Force Ombudsman 19C Functions of Defence Force Ombudsman 19D Discretion to investigate complaints as Commonwealth Ombudsman or as Defence Force Ombudsman 19E Discretion with respect to certain complaints 19F Application of provisions of Act to Defence Force Ombudsman 19FA Reports of the Defence Force Ombudsman Part IIB—Establishment, functions, powers and duties of the Postal Industry Ombudsman Division 1—Preliminary 19G Definitions 19H Action taken by contractors 19J Continued application of this Act to deregistered PPOs 19K Part IIB not to affect operation of other provisions of this Act Division 2—Establishment and functions of the Postal Industry Ombudsman 19L Establishment of office of Postal Industry Ombudsman 19M Functions of Postal Industry Ombudsman 19N Discretion to investigate complaints as Commonwealth Ombudsman or as Postal Industry Ombudsman 19P Discretion to refer complaint to another statutory office‑holder 19Q Discretion not to investigate certain complaints Division 3—Powers and duties of the Postal Industry Ombudsman 19R Application of other provisions of this Act to the Postal Industry Ombudsman 19S Powers of the Postal Industry Ombudsman under section 9 19T Duty to accord procedural fairness 19U Disclosure of identifying information 19V Postal Industry Ombudsman may report to Australia Post or registered PPO 19W Minister to table certain reports in Parliament 19X Reports of the Postal Industry Ombudsman 19Y Postal Industry Ombudsman may notify employer of misconduct 19Z Limitation on liability where information or documents provided in good faith or when required to do so Division 4—Register of PPOs 19ZA Registration of PPOs 19ZB Information to be included in Register 19ZC Deregistration of PPOs 19ZD Register may be maintained by electronic means Division 5—Fees for investigations 19ZE Fees for investigations Part IIC—Establishment, functions, powers and duties of the Overseas Students Ombudsman Division 1—Preliminary 19ZF Definitions 19ZG Continued application of Part to former registered providers 19ZH Part not to affect operation of other provisions of this Act Division 2—Establishment and functions of the Overseas Students Ombudsman 19ZI Establishment of office of Overseas Students Ombudsman 19ZJ Functions of Overseas Students Ombudsman 19ZK Transfer of complaints 19ZL Discretion not to investigate certain complaints Division 3—Powers and duties of the Overseas Students Ombudsman 19ZM Application of other provisions of this Act to the Overseas Students Ombudsman 19ZN Powers of the Overseas Students Ombudsman under section 9 19ZO Duty to accord procedural fairness 19ZP Disclosure of identifying information 19ZQ Overseas Students Ombudsman may report to private registered provider 19ZR Minister to table certain reports in Parliament 19ZS Reports of the Overseas Students Ombudsman 19ZT Overseas Students Ombudsman may notify of misconduct 19ZU Limitation on liability where information or documents provided in good faith or when required to do so Part IID—Private Health Insurance Ombudsman Division 1—Preliminary 20 Principal object of this Part 20A Definitions for this Part 20B Private Health Insurance Ombudsman Rules Division 2—Establishment and functions of the Private Health Insurance Ombudsman 20C Establishment of office of Private Health Insurance Ombudsman 20D Functions of Private Health Insurance Ombudsman Division 3—Complaints Subdivision A—Relevant complaints 20E Who may make a complaint 20F Persons against whom complaints may be made 20G Grounds for complaint Subdivision B—Dealing with complaints 20H Initial receipt of complaint 20J Ways of dealing with complaints 20K Referral to the Australian Competition and Consumer Commission 20L Referral to other bodies 20M Deciding not to deal with a complaint Subdivision C—Referral to subjects of complaints 20N Referral to the subject of the complaint Subdivision D—Investigation of complaints 20P Investigation of complaint Subdivision E—Recommendations and reports 20Q Recommendations as a result of referral or investigation 20R Report to Health Minister on outcome of investigation under Subdivision D Subdivision F—Miscellaneous 20S Complainant to be kept informed Division 3A—Inspection and audit Subdivision A—Inspection and audit 20SA Powers to conduct inspections and audits Subdivision B—Recommendations and reports 20SB Recommendation and reporting powers as a result of inspection or audit Division 4—Investigations Subdivision A—Investigations 20T Initiating investigations 20TA Powers to inspect documents etc. Subdivision B—Recommendations and reports 20U Recommendations as a result of investigation 20V Report to Health Minister on outcome of investigations under this Division 20W Consultation with Australian Competition and Consumer Commission Division 4A—Power to obtain access to documents etc. by remote means 20WA Power to obtain access to documents etc. by remote means Division 5—Mediation 20X Conducting mediation 20Y Participation in mediation may be compulsory 20Z Medical practitioners may appoint representatives 20ZA Conduct of compulsory mediation 20ZB Admissibility of things said in mediation 20ZC Appointment of mediators Division 6—Information‑gathering 20ZD Information‑gathering—requests for PHI records and information 20ZE Information‑gathering—notices requiring PHI records and information 20ZF Information‑gathering—compliance with requests and notices Division 7—Provisions relating to the Private Health Insurance Ombudsman 20ZG Reports of the Private Health Insurance Ombudsman Division 8—Miscellaneous 20ZH Victimisation 20ZHA Announcement before entry 20ZHB Responsibility to provide facilities and assistance 20ZI Giving information about the Private Health Insurance Ombudsman 20ZIA Identity cards 20ZJ Private Health Insurance Ombudsman Rules 20ZK Application of certain provisions of the Act Part IIE—VET Student Loans Ombudsman Division 1—Establishment and functions 20ZL Establishment of office of VET Student Loans Ombudsman 20ZM Functions of VET Student Loans Ombudsman 20ZN Performance of functions Division 2—Investigations and complaints 20ZO Investigations 20ZP Complaints 20ZQ Referral of complaints to other bodies 20ZR Deciding not to investigate complaints Division 3—Other powers of the VET Student Loans Ombudsman 20ZS Application of Act to VET Student Loans Ombudsman 20ZT Duty to accord procedural fairness Division 4—Reporting by the VET Student Loans Ombudsman 20ZU Disclosure of identifying information 20ZV Reports to VET student loan scheme providers 20ZW Minister to table reports about VET student loan scheme providers in Parliament 20ZX Annual and other reports by the VET Student Loans Ombudsman 20ZY VET Student Loans Ombudsman may notify of misconduct 20ZZ Limitation on liability where information or documents provided in good faith or when required to do so Division 5—Other provisions relating to the VET Student Loans Ombudsman 20ZZA Part does not limit application of other provisions 20ZZB Alternative constitutional basis Part IIF—National Student Ombudsman Division 1—Introduction 21AA Simplified outline of this Part Division 2—Establishment and functions 21AB Establishment of office of National Student Ombudsman 21AC Functions of National Student Ombudsman Division 3—Complaints Subdivision A—Complaints to the National Student Ombudsman 21AD Making a complaint 21AE Complaints taken to be made to the National Student Ombudsman Subdivision B—Dealing with complaints 21AF Initial receipt of complaint 21AG Ways of dealing with complaints 21AH Referral of matters raised in complaints 21AJ Deciding not to deal with a complaint Subdivision C—Referral of complaint to higher education provider 21AK Referral to the subject of the complaint 21AL Recommendations as a result of referral of complaint to higher education provider Subdivision D—Alternative dispute resolution 21AM Conducting an alternative dispute resolution process 21AN Participation in alternative dispute resolution process may be compulsory 21AP Ceasing alternative dispute resolution process 21AQ Admissibility of things said in alternative dispute resolution process Subdivision E—Restorative engagement process 21AR Conducting a restorative engagement process 21AS Admissibility of things said in restorative engagement process Division 4—Investigations 21AT Investigations 21AU Conduct of investigations Division 5—Reporting by the National Student Ombudsman 21AV Reports to higher education providers 21AW Higher Education Minister to table reports about higher education providers in Parliament 21AX Reports of the National Student Ombudsman 21AY Disclosure of identifying information in reports Division 6—Other powers and duties of the National Student Ombudsman Subdivision A—Information gathering powers 21AZ Inquiries 21AZA Notices requiring information, documents or attendance to answer questions 21AZB Responding to inquiries and notices Subdivision B—Application of Act to National Student Ombudsman 21AZC Application of certain provisions of the Act Subdivision C—Duties 21AZD Duty to accord procedural fairness Division 7—Miscellaneous 21AZE Continued application of Part 21AZF Discretion to deal with complaints as National Student Ombudsman or other Ombudsman 21AZG Authorised disclosure of information 21AZH National Student Ombudsman may notify of misconduct 21AZJ Limitation on liability where information or documents provided in good faith 21AZK Part not to affect operation of other provisions of this Act 21AZL National Student Ombudsman Rules Part III—Conditions of service, and staff, of the Ombudsman Division 1—Ombudsman 21A Interpretation 21 Appointment of Ombudsman 22 Tenure of office 23 Deputy Ombudsman 24 Salary and allowances 25 Leave of absence 26 Resignation 27 Retirement 28 Suspension and removal of Ombudsman 28A Removal taken to be retirement on ground of invalidity 28B Retirement on ground of invalidity under the Superannuation Acts 29 Acting appointments Division 2—Staff 31 Staff 31A Engagement of persons to conduct alternative dispute resolution processes Part IV—Miscellaneous 32 Duty of principal officer etc. to assist Ombudsman 33 Ombudsman not to be sued 34 Delegation 35 Officers to observe confidentiality 35AA Disclosure of information and documents to National Anti‑Corruption Commissioner or Inspector 35AB Disclosure of information and documents to Inspector‑General of Intelligence and Security 35A Disclosure of information by Ombudsman 35B Disclosure of ACC information 35C Disclosure of NACC information 35D Protection from reprisals—what constitutes taking a reprisal 35E Protection from reprisals—compensation and other orders etc. 35F Protection from reprisals—offence 36 Offences 37 Protection from civil actions 38 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history