Ombudsman Act 1972 (SA)

South Australia Ombudsman Act 1972 An Act to provide for the appointment of an Ombudsman to investigate the exercise of the administrative powers of certain agencies and allegations of misconduct or maladministration in public administration; to provide for the powers, functions and duties of the Ombudsman; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Misconduct and maladministration 4A Parliamentary privilege unaffected 5 Non-application of Act Part 2—The Ombudsman 5A Functions 6 Appointment of Ombudsman 7 Ombudsman not to engage in any remunerative employment 8 Acting Ombudsman 9 Delegation 10 Term of office of the Ombudsman etc 11 Ombudsman is not a Public Service employee 12 Officers of Ombudsman Part 2A—Receiving and assessing complaints and reports 12A Complaints system 12B Persons who may make complaints 12C Time within which complaints may be made 12D Reporting system for misconduct and maladministration 12E Referral of matter by OPI 12F Obstruction of complaint or report 12G False or misleading statements in complaint or report etc 12H Assessment of complaint or report Part 3—Investigations 13 Matters subject to investigation 14 Parliament may refer matter for investigation 14A Administrative audits 17A Conciliation 18 Procedure on investigations 19 Ombudsman to have powers of a Royal Commission 19A Ombudsman may issue direction in relation to administrative act 20 No obligation on persons to maintain secrecy 20A Injunction to refrain from conduct pending investigation 21 Protection for proceedings in Cabinet 23 Entry and inspection 24 Obstruction 25 Proceedings on completion of investigation 26 Report on investigation 27 Report to complainant 28 Determination of the Ombudsman's jurisdiction 28A Directions following misconduct or maladministration referral Part 4—Miscellaneous 29 Reviews 29A Confidentiality 29B Annual report and other public reports 29C Legal assistance 30 Immunity from liability 31 Use of evidence or information 31A Victimisation 32 Use of word "Ombudsman" by agencies to which Act applies in describing internal reviews prohibited 33 Regulations Schedule 1—Reimbursement of Legal Fees Policy 1 Interpretation 2 Who can claim for reimbursement 3 Additional criteria for reimbursement 4 Reasonable costs 5 Procedure for reimbursement 6 Interim payments Legislative history