Ombudsman Act 2001 (Qld)

Ombudsman Act 2001

An Act to establish an office of ombudsman for investigating administrative actions taken by, in or for certain agencies, and recommending to agencies ways of improving administrative processes, and for other purposes

Part 1 Preliminary

Division 1 General

1 Short title This Act may be cited as the Ombudsman Act 2001.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Definitions The dictionary in schedule 3 defines terms used in this Act.

4 Notes A note in the text of this Act is part of the Act.

5 Objects of Act The objects of this Act are— (a) to give people a timely, effective, independent and just way of having administrative actions of agencies investigated; and (b) to improve the quality of decision-making and administrative practices and procedures in agencies.

6 How objects are to be achieved The objects of this Act are to be achieved by— (a) requiring an ombudsman to be appointed; and (b) authorising the ombudsman— (i) to investigate administrative actions of agencies; and (ii) to make recommendations to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures; and (iii) to provide advice, training, information or other help to agencies, generally or in particular cases, about ways of improving the quality of decision-making and administrative practices and procedures.

Division 2 Key concepts

7 Meaning of administrative action (1) An administrative action is any action about a matter of administration, and includes— (a) a decision and an act; and (b) a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and (c) the formulation of a proposal or intention; and (d) the making of a recommendation, including a recommendation made to a Minister; and (e) an action taken because of a recommendation made to a Minister. (2) However, an operational action of a police officer or an officer of the Crime and Corruption Commission is not an administrative action.