a Commonwealth Ombudsman; and

at least one, and not more than 3, Deputy Commonwealth Ombudsmen.

this Act or the regulations; or

another Act or regulations made under another Act; or

an ACT enactment or regulations made under an ACT enactment.

shall investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department, or by a prescribed authority, and in respect of which a complaint has been made to the Ombudsman; and

may, of his or her own motion, investigate any action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department or by a prescribed authority; and

with the consent of the Minister, may enter into an arrangement under which the Ombudsman will perform functions of an ombudsman under an ombudsman scheme established in accordance with the conditions of licences or authorities granted under an enactment.

action taken by a Minister; or

(aa) action that constitutes proceedings in Parliament for the purposes of Parliamentary Privileges Act 1987; orsection 16 of the

action taken by a Justice or Judge of a court created by the Parliament; or

action by the chief executive officer, in relation to a court, or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of a court:

when exercising a power of the court; or

when performing a function, or exercising a power, of a judicial nature; or

action taken by:

a magistrate or coroner for the Australian Capital Territory, Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or

a person who holds office as a magistrate in a State or the Northern Territory in the performance of the functions of a magistrate conferred on him or her by or under an Act; or

action taken by any body or person with respect to persons employed in the Australian Public Service or the service of a prescribed authority, being action taken in relation to that employment, including action taken with respect to the promotion, termination of appointment or discipline of a person so employed or the payment of remuneration to such a person; or

action taken by any of the following:

the ACIC;

the Australian Security Intelligence Organisation;

the Australian Secret Intelligence Service;

the part of the Department of Defence known as the Australian Geospatial-Intelligence Organisation;

the Australian Signals Directorate;

the part of the Department of Defence known as the Defence Intelligence Organisation;

the Office of National Intelligence; or

action taken by a Department or by a prescribed authority with respect to the appointment of a person to an office or position established by or under an enactment, not being an office or position in the Australian Public Service or an office in the service of a prescribed authority.

is given to the AFP appointee; and

raises an AFP conduct issue or AFP practices issue; and

relates to action taken by another AFP appointee.

(a) a law of Western Australia in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958; or

(b) a law of Western Australia in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955;

by a person employed by Western Australia.

a person occupying, or acting in, an office or position under a law of Western Australia; and

a person employed by a body established by or under a law of Western Australia.

a person occupying, or acting in, an office or position under a law of New South Wales; and

a person employed by a body established by or under a law of New South Wales.

(a) a disclosure of information has been, or is required to be, allocated under Public Interest Disclosure Act 2013; andsection 43 of the

some or all of the disclosable conduct with which the information is concerned relates (within the meaning of that Act) to an agency (within the meaning of that Act); and

the agency is neither an intelligence agency (within the meaning of that Act) nor the Inspector-General of Intelligence and Security;

to the extent that the conduct so relates, it is taken, for the purposes of this Act, to be action that relates to a matter of administration.

the agency is taken to be a prescribed authority; and

the action is to be treated as if it were action taken by the prescribed authority; and

(c) a public official who belongs (within the meaning of the Public Interest Disclosure Act 2013) to the agency is taken to be an officer of the prescribed authority; and

the person who disclosed the information is taken, if the disclosure is allocated to the Ombudsman, to have made a complaint to the Ombudsman in respect of the action.

if the Ombudsman is satisfied that the complainant became aware of the action more than 12 months before the complaint was made to the Ombudsman; or

if, in the opinion of the Ombudsman:

the complaint is frivolous or vexatious or was not made in good faith;

the complainant does not have a sufficient interest in the subject matter of the complaint; or

an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.

a person who has made a complaint to the Ombudsman with respect to action taken by a Department or by a prescribed authority and who has complained to the Department or authority with respect to that action informs the Ombudsman as provided by subsection (1B) that no redress, or no adequate redress, has been granted by the Department or authority; and

the Ombudsman is of the opinion:

if no redress has been granted—that, since the complainant complained to the Department or authority, a reasonable period has elapsed in which redress could have been granted; or

if redress has been granted—that the redress was not reasonably adequate;

the Ombudsman shall, subject to this section, investigate the action.

if the action has been, is being or is to be reviewed under that practice at the request of the complainant; or

if the Ombudsman is satisfied that the complainant is entitled to cause the action to be reviewed under that practice and it would be reasonable for the complainant to cause it to be so reviewed.

(a) a complaint with respect to the action has been, or could have been, made by the complainant to the ACMA under Telecommunications Act 1997; andPart 26 of the

the action could be more conveniently or effectively dealt with by the ACMA;

the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and, if the Ombudsman so decides, the Ombudsman shall:

transfer the complaint to the ACMA;

forthwith give notice in writing to the complainant stating that the complaint has been so transferred; and

give to the ACMA any information or documents that relate to the complaint and are in the possession, or under the control, of the Ombudsman.

(a) that a complaint relates to action of a prescribed authority that is a national broadcasting service for the purposes of the Broadcasting Services Act 1992; and

(b) that the complaint could have been made to the ACMA under Broadcasting Services Act 1992 and could be more conveniently or effectively dealt with by the ACMA;Part 11 of the

the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and to transfer the complaint to the ACMA.

transfer the complaint to the ACMA as soon as is reasonably practicable; and

give the ACMA any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ACMA.

(a) that a complaint could have been made under the Public Service Act 1999; and

that the complaint could be more conveniently or effectively dealt with by the Australian Public Service Commissioner;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Australian Public Service Commissioner.

transfer the complaint to the Australian Public Service Commissioner as soon as is reasonably practicable; and

give the Australian Public Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Australian Public Service Commissioner.

(a) that a complaint could have been made under the Parliamentary Service Act 1999; and

that the complaint could be more conveniently or effectively dealt with by the Parliamentary Service Commissioner;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the Parliamentary Service Commissioner.

transfer the complaint to the Parliamentary Service Commissioner as soon as is reasonably practicable; and

give the Parliamentary Service Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the Parliamentary Service Commissioner.

that a complaint relates to action taken by a Department or a prescribed authority; and

that the complaint could be more conveniently or effectively dealt with by the industry ombudsman for a particular industry;

the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and to transfer the complaint to that industry ombudsman.

transfer the complaint to the industry ombudsman as soon as is reasonably practicable; and

give the industry ombudsman such information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman as the Ombudsman believes are reasonably necessary to enable the industry ombudsman to deal effectively with the complaint; and

as soon as is reasonably practicable, give the complainant written notice of the transfer of the complaint.

that a complaint includes information about an AFP conduct issue or an AFP practices issue; and

(b) that the information could have been given under Australian Federal Police Act 1979 and the issue could be more conveniently or effectively dealt with under Part V of that Act;section 40SA of the

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to give the information to the AFP Commissioner under that section of that Act.

(a) give the information to the AFP Commissioner under Australian Federal Police Act 1979 as soon as is reasonably practicable; andsection 40SA of the

give the AFP Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the AFP Commissioner to be dealt with under that Act.

the Ombudsman forms the opinion that:

a complaint in respect of action taken by the National Anti-Corruption Commissioner could have been made to another authority established under a law of the Commonwealth, a State or a Territory; and

the complaint could be more conveniently or effectively dealt with by the other authority; and

the other authority can deal with the complaint if the Ombudsman transfers the complaint to the other authority;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to transfer the complaint to the other authority.

do so as soon as is reasonably practicable; and

subject to section 35C, give the other authority any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the other authority.

that:

(i) a complainant has complained, or could complain, to the Information Commissioner about an action taken by a Department or prescribed authority under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982; and

the action could be more appropriately or effectively dealt with by the Information Commissioner;

(b) a complaint about an action taken by a Department or prescribed authority has been the subject of a completed investigation by the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982.

Requirement to consult with Information Commissioner

must consult the Information Commissioner about the complaint with a view to avoid inquiries being conducted into that matter by both the Information Commissioner and the Ombudsman; and

may decide not to investigate the action, or not to continue to investigate the action.

Transfer to Information Commissioner

transfer the complaint to the Information Commissioner; and

notify the complainant in writing that the complaint has been transferred; and

give the Information Commissioner any information or documents that relate to the complaint in the possession, or under the control of, the Ombudsman.

(a) is the subject of a part of a complaint transferred to the Ombudsman under paragraph 10(2)(b) of the Inspector-General of Taxation Act 2003; or

is the subject of a part of a complaint that the Inspector-General of Taxation advises, under paragraph (3)(b) of this section, does not need to be transferred under subsection (3); or

is also action relating to a matter of administration under:

(i) the Public Interest Disclosure Act 2013; or

(ii) the Freedom of Information Act 1982; or

another Act (other than a taxation law) prescribed by regulations made for the purposes of this paragraph.

Transferring complaints to the Inspector-General of Taxation

a complaint made to the Ombudsman that is wholly in respect of tax administration action;

if part of a complaint made to the Ombudsman is in respect of tax administration action—that part of the complaint, unless the Inspector-General advises otherwise.

must consult the Inspector-General of Taxation about the complaint or about complaints of that kind; and

may transfer to the Inspector-General the part of the complaint that is not in respect of tax administration action if the Ombudsman is satisfied that the whole complaint could be more appropriately or effectively dealt with by the Inspector-General of Taxation.

notify the complainant in writing of that transfer; and

give the Inspector-General of Taxation any related information or documents that are:

in the Ombudsman’s possession; or

under the Ombudsman’s control.

the Ombudsman forms the opinion that:

(i) a complaint could have been made to the Australian Small Business and Family Enterprise Ombudsman (the ASBFE Ombudsman); and

the complaint could be more conveniently or effectively dealt with by the ASBFE Ombudsman; and

(b) under the Australian Small Business and Family Enterprise Ombudsman Act 2015, the ASBFE Ombudsman has the power to deal with the complaint;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, and to transfer the complaint to the ASBFE Ombudsman.

the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with the complaint; or

the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with a particular class of complaints, and the complaint is one of that class.

transfer the complaint to the ASBFE Ombudsman as soon as is reasonably practicable; and

give the ASBFE Ombudsman any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the ASBFE Ombudsman.

(a) a complainant has complained, or could complain, to the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986 in relation to action taken by:

AUSTRAC; or

the Australian Federal Police; or

the Department of Home Affairs; and

the complaint could be more appropriately or effectively dealt with by the Inspector-General of Intelligence and Security.

Requirement to consult with Inspector-General of Intelligence and Security

must consult the Inspector-General of Intelligence and Security about the complaint or the part of the complaint that relates to the action; and

may decide not to investigate the action, or not to continue to investigate the action.

Transfer to Inspector-General of Intelligence and Security

transfer the complaint or part to the Inspector-General of Intelligence and Security; and

as soon as is reasonably practicable, take reasonable steps to give the complainant written notice that the complaint or part has been transferred; and

give the Inspector-General of Intelligence and Security any information or documents relating to the complaint or part that are in the possession, or under the control, of the Ombudsman.

Relationship with other provisions

a corruption issue that is likely to involve corrupt conduct that is serious or systemic; or

a NACC corruption issue.

decide to refer the information the subject of the complaint to the National Anti-Corruption Commissioner or the Inspector, as the case requires; and

decide:

to investigate the complaint, or to investigate the complaint further; or

not to investigate the complaint, or not to investigate the complaint further.

refer the information as soon as is reasonably practicable; and

include with the referral all information relevant to the corruption issue or the NACC corruption issue that is in the Ombudsman’s possession or control at the time the referral is made; and

as soon as is reasonably practicable, give the complainant written notice of the following:

that the information has been referred to the National Anti-Corruption Commissioner or the Inspector;

the Ombudsman’s decision on whether to investigate, or continue to investigate, the complaint; and

if the Ombudsman subsequently becomes aware of any further information that is relevant to the issue—give the National Anti-Corruption Commissioner or the Inspector the further information as soon as is reasonably practicable.

the Ombudsman has reasonable grounds to believe the National Anti-Corruption Commissioner or the Inspector is already aware of the information; or

the National Anti-Corruption Commissioner or the Inspector has advised the Ombudsman that the provision of the information is not required.

upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with his or her detention:

to be provided with facilities for preparing a complaint in writing under this Act, for furnishing in writing to the Ombudsman, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and

to have sent to the Ombudsman, without undue delay, a sealed envelope delivered by him or her to any such person and addressed to the Ombudsman; and

to have delivered to him or her, without undue delay, any sealed envelope, addressed to him or her and sent by the Ombudsman, that comes into the possession or under the control of the person in whose custody he or she is detained or of any other person performing duties in connection with his or her detention.

determining whether or not the Ombudsman is authorized to investigate the action; or

if the Ombudsman is authorized to investigate the action—determining whether or not the Ombudsman may, in his or her discretion, decide not to investigate the action;

make inquiries of the principal officer of the Department or prescribed authority or, if an arrangement with the principal officer of the Department or authority is in force under subsection (2), of such officers as are referred to in the arrangement.

Disclosure of information

the Ombudsman requests the principal officer, or (if applicable) an officer referred to in the arrangement, to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or

the principal officer, or (if applicable) an officer referred to in the arrangement, reasonably believes that information or a document or other record would assist the Ombudsman to make a determination under subsection (1).

gives the information to the Ombudsman or produces the document or record to the Ombudsman; and

by doing so:

contravenes any other enactment; or

might tend to incriminate the officer or make the officer liable to a penalty; or

discloses a legal advice given to a Minister, a Department or a prescribed authority; or

discloses a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or

otherwise acts contrary to the public interest;

the information or the production of the document or record is not admissible in evidence against the officer in proceedings other than proceedings for an offence against Criminal Code that relates to this Act.section 137.1, 137.2 or 149.1 of the

either:

for the purposes of an investigation under this Act (whether or not the investigation has been completed), the Ombudsman requests a person to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or

a person reasonably believes that information or a document or other record is relevant to an investigation under this Act (whether or not the investigation has been completed); and

any of the following apply:

the person obtained the information, document or record in the course of the person’s duties as the principal officer of a Department or prescribed authority, and the person is still the principal officer of the Department or prescribed authority;

the person obtained the information, document or record in the course of the person’s duties as the principal officer of a Department or prescribed authority, the person is no longer the principal officer of the Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the person to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;

the person obtained the information, document or record in the course of the person’s duties as an officer (other than as the principal officer) of a Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the officer to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;

the person obtained the information, document or record lawfully but not in the course of the person’s duties as an officer (including as the principal officer) of a Department or prescribed authority.

gives the information to the Ombudsman or produces the document or record to the Ombudsman; and

by doing so:

contravenes any other enactment; or

might tend to incriminate the person or make the person liable to a penalty; or

discloses a legal advice given to a Minister, a Department or a prescribed authority; or

discloses a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or

otherwise acts contrary to the public interest;

the information or the production of the document or record is not admissible in evidence against the person in proceedings other than proceedings for an offence against Criminal Code that relates to this Act.section 137.1, 137.2 or 149.1 of the

if the opinions relate to a Department or prescribed authority—afforded the principal officer of the Department or authority and the officer principally concerned in the action to which the investigation relates opportunities to appear before him or her, or before an authorized person, and to make such submissions, either orally or in writing, in relation to that action as they think fit; and

if the opinions relate to a person—afforded that person an opportunity to appear before him or her, or before an authorized person, and to make such submissions, either orally or in writing, in relation to the action to which the investigation relates as he or she thinks fit.

if a complaint was made orally with respect to the action and the complaint has not been reduced to writing—the complaint shall be reduced to writing accordingly; and

the Ombudsman shall, if he or she has not previously informed the responsible Minister that the action is being investigated, inform that Minister accordingly.

Ombudsman may discuss investigation with Ministers

the responsible Minister; or

any other Minister concerned with the matter.

if the person is the Secretary of the Department—the Minister administering the Department; or

if the person is an officer of a Department but not the Secretary of that Department—the Secretary of that Department; or

(ba) if the person is the Secretary of a Parliamentary Department—the Presiding Officer or Presiding Officers (within the meaning of the Parliamentary Service Act 1999) in relation to the Parliamentary Department; or

if the person is an officer of a Parliamentary Department but not the Secretary of that Parliamentary Department—the Secretary of that Parliamentary Department; or

if the person is the principal officer of a prescribed authority (other than a Parliamentary Department)—the responsible Minister in respect of the action under investigation; or

if the person is an officer of a prescribed authority (other than a Parliamentary Department)but not the principal officer of that authority—the principal officer of that authority.

unless the Agency Head is the Australian Public Service Commissioner—bring the evidence to the notice of the Australian Public Service Commissioner; or

if the Agency Head is the Australian Public Service Commissioner—bring the evidence to the notice of the Merit Protection Commissioner.

a person is, or is an employee of, a Commonwealth service provider of a Department or prescribed authority under a contract; and

in the opinion of the Ombudsman, there is evidence that the person has engaged in conduct that:

would, if the person were an officer of the Department or prescribed authority, amount to a breach of duty or to misconduct; or

should be brought to the attention of the principal officer of the Department or prescribed authority; and

in the opinion of the Ombudsman, the evidence is, in all the circumstances, of sufficient force to justify the Ombudsman doing so;

the Ombudsman must bring the evidence to the notice of the principal officer of the Department or prescribed authority.

Arrangements for having police officers assist Ombudsman in relation to investigation

an AFP appointee who is made available to him or her by the AFP Commissioner for the purposes of the investigation; or

a member of the police force of a State whom the police force of the State agrees to make available to the Ombudsman, for the purposes of the investigation, under arrangements made by the AFP Commissioner.

action taken by a Department or prescribed authority and action taken by a Department of a State or an authority of a State;

action taken by an authority or other agency established jointly or administered jointly by the Commonwealth and one or more States;

action taken by an authority or other agency referred to in paragraph (b) and action taken by:

a Department or prescribed authority; or

a Department of a State or an authority of a State.

gives rise to an AFP conduct issue or AFP practices issue; and

involves:

an AFP conduct issue that relates to a member of the police force of a State; or

action taken by the police force of a State; or

action taken by a Department of a State or by an authority of a State.

is established jointly, or administered jointly, by the Commonwealth and one or more States; and

includes at least one AFP appointee and a member or members of the police force of a State or the police forces of 2 or more States.

by an AFP appointee or by the Australian Federal Police; or

by a member of the police force of a State; or

by the police force of a State; or

by a Department of a State or by an authority of a State.

to exercise any of the powers of the Ombudsman of a State except in accordance with subsection 34(7); or

to make an arrangement for the exercise by the Ombudsman of a State of a power of the Ombudsman except in accordance with an instrument of delegation referred to in subsection 34(1).

a category 3 conduct issue; or

an AFP practices issue;

to be dealt with jointly by the Ombudsman and the Australian Federal Police.

a particular category 3 conduct issue or issues; or

a series of related category 3 conduct issues; or

a particular AFP practices issue or issues; or

a series of related AFP practices issues.

to furnish to the Ombudsman, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or

to produce to the Ombudsman such documents or other records as are specified in the notice.

(1AA) If the Ombudsman has reason to believe that a person who is:

an officer of a Department or prescribed authority; or

a Commonwealth service provider of a Department or prescribed authority under a contract; or

an employee of Commonwealth service provider of a Department or prescribed authority under a contract;

is capable of furnishing information or producing documents or other records relevant to an investigation under this Act but the Ombudsman does not know the identity of the person, the Ombudsman may, by notice in writing served on the principal officer of the Department or authority, require the principal officer or a person nominated by the principal officer, at such place, and within such period or on such date and at such time, as are specified in the notice:

to attend before a person specified in the notice to answer questions relevant to the investigation; or

to produce to a person specified in the notice such documents or other records as are so specified.

may take possession of, and may make copies of, or take extracts from, the documents or other records;

may retain possession of the documents or other records for such period as is necessary for the purposes of the investigation to which the documents or other records relate; and

during that period shall permit a person who would be entitled to inspect any one or more of the documents or other records if they were not in the possession of the Ombudsman to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect.

by reason that it would prejudice the security, defence or international relations of the Commonwealth; or

by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State; or

by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or

by reason that it would involve the disclosure of deliberations or advice of the Executive Council; or

if the information, documents or records are, or were, in the possession or under the control of the National Anti-Corruption Commissioner—by reason that it would:

endanger the life of a person; or

create a risk of serious injury to a person;

the Ombudsman is not entitled to require a person to furnish any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Ombudsman.

(a) would contravene the provisions of any other enactment (whether enacted before or after the commencement of the Prime Minister and Cabinet Legislation Amendment Act 1991); or

might tend to incriminate the person or make the person liable to a penalty; or

would disclose one of the following:

a legal advice given to a Minister, a Department or a prescribed authority;

a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or

would be otherwise contrary to the public interest;

but the information, the production of the document or record or the answer to the question is not admissible in evidence against the person in proceedings other than:

an application under subsection 11A(2); or

(d) proceedings for an offence against Criminal Code that relates to this Act.section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the

under an enactment, a person has a power to do an act or thing in the exercise of a discretion or otherwise;

there is no enactment that prescribes a quantified period within which the person is required to do or refuse to do the act or thing;

an enactment provides that application may be made to a prescribed tribunal for the review of decisions made in the exercise of that power; and

a complaint has been made to the Ombudsman concerning a failure to do the act or thing in the exercise of that power;

the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay in deciding whether to do the act or thing, grant to the complainant a certificate certifying, that, in the opinion of the Ombudsman, there has been unreasonable delay in deciding whether to do the act or thing and, if the Ombudsman does so, the person required or permitted to exercise the power, shall, for the purpose of enabling application to be made under the enactment referred to in paragraph (c) to the prescribed tribunal concerned, be deemed to have made, on the date on which the certificate is granted, a decision, in the exercise of that power, not to do the act or thing.

under an enactment, a person has a power to do an act or thing in the exercise of a discretion or otherwise;

there is no enactment that prescribes a quantified period within which the person is required to do or refuse to do the act or thing;

an enactment provides that application may be made to a person other than a prescribed tribunal for the review of decisions made in the exercise of that power and an enactment also provides that application may be made to a prescribed tribunal for the review of decisions made by the last-mentioned person upon an application first referred to in this paragraph; and

a complaint has been made to the Ombudsman concerning a failure to do the act or thing in the exercise of that power;

the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay in deciding whether to do the act or thing, grant to the complainant a certificate certifying that, in the opinion of the Ombudsman, there has been unreasonable delay in deciding whether to do the act or thing and, if the Ombudsman does so, the person required or permitted to exercise the power, shall, for the purpose of enabling application to be made to the person other than a prescribed tribunal referred to in paragraph (c) under the enactment first referred to in that paragraph, be deemed to have made, on the date on which the certificate is granted, a decision, in the exercise of that power, not to do the act or thing.

the Administrative Review Tribunal; or

any other tribunal that is declared by the regulations to be a prescribed tribunal for the purposes of this section.

give the recommendation to the principal officer at any time before the Ombudsman completes the investigation; or

include the recommendation in his or her report to the Department or prescribed authority under section 15.

providing for the manner in which, and the period within which, the Ombudsman is to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision; or

providing that the Ombudsman is not required to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision.

the Ombudsman shall, if action that is, in the opinion of the Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the recommendations within a reasonable time after the recommendations are furnished to the Department or authority—furnish to the complainant a copy of the recommendations, together with such comments (if any) as he or she thinks fit; or

in any other case—the Ombudsman may furnish to the complainant a copy of the recommendations, together with such comments (if any) as he or she thinks fit.

administer an oath or affirmation to the respondent; and

examine the respondent on oath or affirmation.

enter a place that is:

occupied by a Department or prescribed authority; or

occupied by a person who is a Commonwealth service provider of a Department or prescribed authority under a contract, if the person occupies the place predominantly for the purposes of the contract; and

carry on the investigation at the place.

(b) a place that is a prohibited place for the purposes of the Defence (Special Undertakings) Act 1952 by virtue of section 7 of that Act; or

(c) an area of land or water or an area of land and water that is declared under Defence (Special Undertakings) Act 1952 to be a restricted area for the purposes of that Act;section 14 of the

unless the Minister administering that Act, or another Minister acting for and on behalf of that Minister, has approved the person entering the place or area and he or she complies with any conditions imposed by the Minister giving the approval in relation to his or her entering that place or area and the manner in which his or her investigation is to be conducted at that place or area.

access any such documents or other records;

inspect, take extracts from, or make copies of, any such documents or other records.

the person is the occupier of, or is in charge of, a place mentioned in paragraph (1)(a); and

an authorised person exercises, or purports to exercise, a power mentioned in this section in relation to the place; and

the person does not provide the authorised person with reasonable facilities and assistance for the effective exercise of the power.

access documents or other records held in electronic form by:

a Department; or

a prescribed authority; or

a Commonwealth service provider of a Department or prescribed authority under a contract; and

inspect, take extracts from, or make copies of, any such documents or other records.

the intention of the one or more authorised persons to access the documents or other records by remote means; and

the period during which the one or more authorised persons will access the documents or other records by remote means.

the person is either:

the principal officer of a Department or prescribed authority; or

a Commonwealth service provider of a Department or prescribed authority under a contract; and

an authorised person exercises, or purports to exercise, a power mentioned in subsection (1); and

the person does not provide the authorised person with reasonable facilities and assistance for the effective exercise of the power.

that the action:

appears to have been contrary to law;

was unreasonable, unjust, oppressive or improperly discriminatory;

was in accordance with a rule of law, a provision of an enactment or a practice but the rule, provision or practice is or may be unreasonable, unjust, oppressive or improperly discriminatory;

was based either wholly or partly on a mistake of law or of fact; or

was otherwise, in all the circumstances, wrong;

that, in the course of the taking of the action, a discretionary power had been exercised for an improper purpose or on irrelevant grounds; or

in a case where the action comprised or included a decision to exercise a discretionary power in a particular manner or to refuse to exercise such a power:

that irrelevant considerations were taken into account, or that there was a failure to take relevant considerations into account, in the course of reaching the decision to exercise the power in that manner or to refuse to exercise the power, as the case may be; or

that the complainant in respect of the investigation or some other person should have been furnished, but was not furnished, with particulars of the reasons for deciding to exercise the power in that manner or to refuse to exercise the power, as the case may be;

this section applies to the decision, recommendation, act or omission constituting that action.

that a decision, recommendation, act or omission to which this section applies should be referred to the appropriate authority for further consideration;

that some particular action could be, and should be, taken to rectify, mitigate or alter the effects of, a decision, recommendation, act or omission to which this section applies;

that a decision to which this section applies should be cancelled or varied;

that a rule of law, provision of an enactment or practice on which a decision, recommendation, act or omission to which this section applies was based should be altered;

that reasons should have been, but were not, given for a decision to which this section applies; or

that any other thing should be done in relation to a decision, recommendation, act or omission to which this section applies;

the Ombudsman shall report accordingly to the Department or prescribed authority concerned.

shall include in a report under subsection (2) his or her reasons for the opinions specified in the report; and

may also include in such a report any recommendations he or she thinks fit to make.

if a copy of the report has not previously been forwarded to the Prime Minister under subsection 15(6)—a copy of the report; and

if the Department or prescribed authority to which the report was made has furnished comments concerning the report to the Ombudsman—a copy of those comments.

if the report relates to the Department of the Senate—a reference to the Prime Minister is to be read as a reference to the President of the Senate;

if the report relates to the Department of the House of Representatives—a reference to the Prime Minister is to be read as a reference to the Speaker of the House of Representatives;

in any other case—a reference to the Prime Minister is to be read as a reference to the President of the Senate and the Speaker of the House of Representatives.

if the report relates to the chief executive officer, in relation to a court—a reference to the Prime Minister is to be read as a reference to the chief justice or chief judge (however described) of the court, as the case requires;

if the report relates to the Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal—a reference to the Prime Minister is to be read as a reference to the President of the Administrative Review Tribunal;

if the report relates to the chief executive officer, in relation to a tribunal (other than the Administrative Review Tribunal)—a reference to the Prime Minister is to be read as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member.

on the operations of the Ombudsman during a part of a year; or

in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Ombudsman.

subsection (1); or

(b) Public Governance, Performance and Accountability Act 2013.section 46 of the

a contractor, or an employee of a contractor, in relation to a postal services contract with Australia Post or a registered PPO, takes action with respect to the provision of a postal or similar service; and

the contractor, or the employee, took the action to fulfil or purport to fulfil an obligation under:

if the contractor is responsible under another contract for the provision of services covered by the postal services contract—the other contract; or

otherwise—the postal services contract.

Attribution of action to Australia Post or registered PPO

the person who took the action;

if the person who took the action was the employee of a contractor—the contractor;

if paragraph (b) applies and the contractor is:

a body corporate—the directors and the secretary of the body corporate; or

a partnership—the partners in the partnership.

Contractors and postal services contracts

a party to the postal services contract; or

both:

(i) a party to a contract (the subcontract) with a person who is a contractor, in relation to the postal services contract, because of a previous application of this definition; and

responsible under the subcontract for the provision of services covered by the postal services contract.

postal services contract means a contract relating to the provision of postal or similar services within Australia.

a registered PPO took action at a particular time; and

the Postal Industry Ombudsman receives a complaint in respect of that action within 12 months after that time; and

the PPO applies after that time, under subsection 19ZC(1), to no longer be registered for the purposes of this Part (whether or not the application was made before the complaint was received).

this Act or the regulations; or

another Act or regulations made under another Act.

is to investigate action that he or she is authorised by this Act to investigate and in respect of which a complaint has been made to him or her (other than a complaint excluded by subsection (4)); and

may, on his or her own initiative, investigate action that he or she is authorised by this Act to investigate.

Australia Post; or

a registered PPO;

with respect to the provision of a postal or similar service.

the complaint was made by Australia Post in respect of action taken by a registered PPO; or

the complaint was made by a registered PPO in respect of action taken by Australia Post or another registered PPO; or

the complaint was made more than 12 months after the action was taken.

the complaint was made to the Postal Industry Ombudsman; and

in the opinion of the Postal Industry Ombudsman, it would be more appropriate to deal with, or to continue to deal with, the complaint or part of the complaint in his or her capacity as the Commonwealth Ombudsman.

either:

decide not to deal with the complaint, or part of the complaint; or

if he or she has started to deal with the complaint—decide not to deal further with the complaint, or part of the complaint; and

transfer the complaint, or part of the complaint, to the Commonwealth Ombudsman.

the complaint was made to the Commonwealth Ombudsman; and

the complaint was made no later than 12 months after the action was taken; and

in the opinion of the Commonwealth Ombudsman, it would be more appropriate to deal with, or to continue to deal with, the complaint or part of the complaint in his or her capacity as the Postal Industry Ombudsman.

either:

decide not to deal with the complaint, or part of the complaint; or

if he or she has started to deal with the complaint—decide not to deal further with the complaint, or part of the complaint; and

transfer the complaint, or part of the complaint, to the Postal Industry Ombudsman.

Australia Post or a registered PPO has taken action; and

before or after starting to investigate that action under paragraph 19M(2)(a), the Postal Industry Ombudsman becomes of the opinion that:

a statutory office-holder (other than the Postal Industry Ombudsman or the Commonwealth Ombudsman) has the function of investigating, reviewing or enquiring into action of that kind; and

the action could be more conveniently or effectively dealt with by that statutory office-holder.

give notice of the transfer, in writing, to the complainant; and

give to the other statutory office-holder any information or documents that relate to the complaint and are in the possession or under the control of the Postal Industry Ombudsman.

a complaint has been made to the Postal Industry Ombudsman with respect to action taken by Australia Post or by a registered PPO; and

in the opinion of the Postal Industry Ombudsman:

the complaint is frivolous or vexatious or was not made in good faith; or

the complainant does not have a sufficient interest in the subject matter of the complaint; or

an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.

decide not to investigate the action; or

if he or she has started to investigate the action—decide not to investigate the action further.

a reference in any of those provisions to the Ombudsman were a reference to the Postal Industry Ombudsman; and

a reference in any of those provisions to any of the following were a reference to Australia Post or a registered PPO:

a Department;

a prescribed authority;

a Department or a prescribed authority; and

a reference in any of those provisions to an officer were a reference to an officer within the meaning of this Part; and

a reference in any of those provisions to a principal officer were a reference to a principal officer within the meaning of this Part.

Part I, other than the following provisions:

subsections 3(2) to (5A);

subsections 3(6A) to (6C);

subsections 3(7A) and (7B);

subsections 3(9) to (18);

section 3A; and

Part II, other than the following provisions:

sections 4 and 5;

subsection 6(1);

subsections 6(4D) to (4E);

subsections 6(6) to (15);

paragraph 8(7A)(b);

subsections 8(8) to (11);

section 8A;

paragraphs 9(1AA)(ab) and (ac);

paragraph 9(4)(ab);

sections 10, 10A and 11;

subsections 11A(1) and (5);

sections 15 to 18;

section 19; and

subsection 31(1); and

Part IV, other than the following provisions:

section 34;

subparagraph 35(3)(b)(ia);

subsections 35(7) and (7A);

paragraph 35A(3)(a).

a Department;

a prescribed authority;

a Department or a prescribed authority;

a Commonwealth service provider of a Department or prescribed authority under a contract.

(a) an investigation under this Act into action taken by Australia Post or a registered PPO (the investigated body) has been completed; and

the Postal Industry Ombudsman is of the opinion that the action taken:

appears to have been contrary to law; or

was unreasonable, unjust, oppressive or improperly discriminatory; or

was otherwise, in all the circumstances, wrong; and

the Postal Industry Ombudsman is of the opinion that:

some particular action could be, and should be, taken to rectify, mitigate or alter the effects of the action taken; or

a policy or practice on which the action taken was based should be altered; or

reasons should have been, but were not, given for the action taken; or

any other thing should be done in relation to the action taken.

must include in the report his or her reasons for the opinions specified in the report; and

may also include in the report any recommendations he or she thinks fit to make.

the report; and

any comments given under subsection (5);

to the Minister administering the Australian Postal Corporation Act 1989.

the Postal Industry Ombudsman has given a report under section 19V to an investigated body; and

action that is, in the opinion of the Postal Industry Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the matters and recommendations included in the report within a reasonable time after the report was given to the investigated body.

the report; and

any comments given under subsection 19V(5) before the request was made;

to be laid before each House of the Parliament within 15 sitting days of that House after that Minister receives the request.

on the operations of the Postal Industry Ombudsman during a part of a year; or

in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Postal Industry Ombudsman.

section 19; or

(b) Public Governance, Performance and Accountability Act 2013;section 46 of the

relating to the operations of the Ombudsman during that period.

Content of report

set out the number of complaints received by the Postal Industry Ombudsman under this Part during that period; and

if the Postal Industry Ombudsman has investigated action under paragraph 19M(2)(a)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

if the Postal Industry Ombudsman has investigated action under paragraph 19M(2)(b)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

include details of the circumstances and number of occasions where the Postal Industry Ombudsman has made a requirement of a person under section 9 (as that section applies because of sections 19R and 19S) during that period; and

include details of the circumstances and number of occasions where the holder of the office of Postal Industry Ombudsman has decided under subsection 19N(3) to deal with, or to continue to deal with, a complaint or part of a complaint in his or her capacity as the holder of the office of Commonwealth Ombudsman during that period; and

include details of recommendations made during that period in reports under section 19V; and

include statistical information about actions taken during that period as a result of such recommendations.

(a) if the person is the principal officer of Australia Post—the Minister administering the Australian Postal Corporation Act 1989; or

if the person is an officer of Australia Post but not the principal officer of Australia Post—the principal officer of Australia Post; or

if the person is an officer of a registered PPO—the principal officer of that PPO.

gives information to the Postal Industry Ombudsman (other than in accordance with a requirement under section 9); or

gives a document or other record to the Postal Industry Ombudsman (other than in accordance with a requirement under section 9).

the name of the PPO;

(b) if the PPO has an ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999)—that ABN;section 41 of the

the date on which the PPO was included on the Register.

the Postal Industry Ombudsman must enter the deregistration date in the Register of PPOs; and

the Postal Industry Ombudsman must remove the PPO from the Register of PPOs 12 months after the deregistration date; and

the PPO is taken to no longer be registered for the purposes of this Part from the deregistration date.

that was conducted under paragraph 19M(2)(a), into action taken by Australia Post or the registered PPO (as the case may be); and

that has been completed.

must not be more than the amount that, in the opinion of the Postal Industry Ombudsman, represents the costs incurred by the Postal Industry Ombudsman in conducting the investigation; and

must not be such as to amount to taxation.

prescribe one or more methods to be used in working out the amount of a fee; and

prescribe the time by which a fee is due and payable.

is a debt due to the ACMA on behalf of the Commonwealth; and

is recoverable by the ACMA, on behalf of the Commonwealth, in a court of competent jurisdiction.

a private registered provider took action at a particular time; and

the Overseas Students Ombudsman receives a complaint in relation to that action within 12 months after that time; and

after that time, the private registered provider ceases to be a private registered provider for the purposes of this Part.

to investigate complaints made to him or her under this Act; and

to give private registered providers advice and training about the best practice for the handling of complaints made by overseas students; and

to perform such other functions as are conferred on him or her by:

this Act or the regulations; or

another Act or regulations made under another Act.

is to investigate action that he or she is authorised by this Act to investigate and in respect of which a complaint has been made to him or her; and

may, on his or her own initiative, investigate action that he or she is authorised by this Act to investigate.

a complaint has been made to the Overseas Students Ombudsman with respect to action taken by a private registered provider; and

the Overseas Students Ombudsman, either before or after starting to investigate that action, forms the opinion that:

a statutory complaint handler has the function of investigating, reviewing or enquiring into action of that kind; or

a statutory office-holder has the function of investigating, reviewing or enquiring into action of that kind.

must not investigate or further investigate the action; and

must transfer the complaint to the statutory complaint handler.

may decide not to investigate or further investigate the action; and

if that decision is made, must transfer the complaint to the statutory office-holder.

give notice of the transfer to the complainant; and

give any information or documents that relate to the complaint and are in the possession or under the control of the Overseas Students Ombudsman to the statutory complaint handler or statutory office-holder.

a complaint has been made to the Overseas Students Ombudsman with respect to action taken by a private registered provider; and

the Overseas Students Ombudsman is of the opinion that:

the complaint is frivolous or vexatious or was not made in good faith; or

the complainant does not have a sufficient interest in the subject matter of the complaint; or

an investigation, or further investigation, of the action is not warranted having regard to all the circumstances; or

the complainant has not yet raised the complaint with the registered provider; or

the action came to the complainant’s knowledge more than 12 months before the complaint was made; or

the complainant has, or had, a right to cause the action to which the complaint relates to be reviewed by a court or by a tribunal constituted by or under an enactment but has not exercised that right.

decide not to investigate the action; or

if he or she has started to investigate the action—decide not to investigate the action further.

a reference in any of those provisions to the Ombudsman were a reference to the Overseas Students Ombudsman; and

a reference in any of those provisions to any of the following were a reference to a private registered provider:

a Department;

a prescribed authority;

a Department or a prescribed authority; and

a reference in any of those provisions to an officer were a reference to an officer within the meaning of this Part; and

a reference in any of those provisions to a principal officer were a reference to a principal executive officer within the meaning of this Part.

subsections 3(1) and (8);

sections 3C and 3D;

sections 6B to 7A;

section 8, other than:

paragraph (7A)(b); and

subsections (8) to (12);

section 8A, other than subsections (1B) to (1D);

section 9, other than:

paragraphs (1AA)(ab) and (ac); and

paragraph (4)(ab);

section 11A, other than subsections (1) and (5);

sections 12 to 14A;

section 18;

subsection 31(1);

section 32;

section 33;

subsections 34(2B), (5) and (7);

section 35, other than paragraph (1)(e) and subparagraph (3)(b)(ia);

section 35AA;

section 35A;

sections 35C to 38.

an investigation under this Act into action taken by a private registered provider has been completed; and

the Overseas Students Ombudsman is of the opinion that the action taken:

appears to have been contrary to law; or

was unreasonable, unjust, oppressive or improperly discriminatory; or

was otherwise, in all the circumstances, wrong; and

the Overseas Students Ombudsman is of the opinion that:

some particular action could be, and should be, taken to rectify, mitigate or alter the effects of the action taken; or

a policy or practice on which the action taken was based should be altered; or

reasons should have been, but were not, given for the action taken; or

any other thing should be done in relation to the action taken.

must include in the report his or her reasons for the opinions specified in the report; and

may also include in the report any recommendations he or she thinks fit to make.

the report; and

any comments given under subsection (5);

to the Minister administering the Overseas Students Act.

the Overseas Students Ombudsman has given a report under section 19ZQ to a private registered provider; and

action that is, in the opinion of the Overseas Students Ombudsman, adequate and appropriate in the circumstances is not taken with respect to the matters and recommendations included in the report within a reasonable time after the report was given to the private registered provider.

the report; and

any comments given under subsection 19ZQ(5) before the request was made;

to be laid before each House of the Parliament within 15 sitting days of that House after that Minister receives the request.

on the operations of the Overseas Students Ombudsman during a part of a year; or

in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Overseas Students Ombudsman.

section 19; or

(b) Public Governance, Performance and Accountability Act 2013;section 46 of the

relating to the operations of the Ombudsman during that period.

Content of report

set out the number of complaints received by the Overseas Students Ombudsman under this Part during that period; and

if the Overseas Students Ombudsman has investigated action under paragraph 19ZJ(2)(a)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

if the Overseas Students Ombudsman has investigated action under paragraph 19ZJ(2)(b)—set out:

the number of such investigations started during that period; and

the number of such investigations completed during that period; and

set out:

the number of times when the Overseas Students Ombudsman has made a requirement of a person under section 9 (as that section applies because of sections 19ZM and 19ZN) during that period; and

the circumstances in which each of those requirements was made.

details of the circumstances and number of occasions during that period where the holder of the office of Overseas Students Ombudsman decided, under section 19ZK, to transfer a complaint to a statutory complaint handler or statutory office-holder; and

details of recommendations made during that period in reports under section 19ZQ; and

statistical information about actions taken during that period as a result of such recommendations; and

details of action that the Overseas Students Ombudsman took during the period to promote best practice in dealing with complaints; and

details of the Overseas Students Ombudsman’s observations during the period regarding:

any trends in complaints; or

any broader issues that arise from investigations.

gives information to the Overseas Students Ombudsman (other than in accordance with a requirement under section 9); or

gives a document or other record to the Overseas Students Ombudsman (other than in accordance with a requirement under section 9).

a person who is, or was at the time of the incident to which the complaint relates, insured or seeking to be insured under a private health insurance policy;

a private health insurer;

a health care provider;

a private health insurance broker.

any matter arising out of or connected with a private health insurance arrangement; or

(b) any matter arising out of or connected with Chapter 2 of the Private Health Insurance Act 2007.

be about either or both of the following:

the application of a private health insurance arrangement to goods or a service provided, or goods manufactured or supplied, by the health care provider;

a private health insurance arrangement to which the health care provider is, or was at the time of the incident to which the complaint relates, a party; and

satisfy at least one of the following:

the complaint must also be made against a private health insurer;

the complainant must be a private health insurer or a person insured under a private health insurance policy;

if the complainant is another health care provider or a private health insurance broker—a private health insurer or a person insured under a private health insurance policy must also be a complainant in relation to the complaint.

conducting mediation under Division 5; or

referring the complaint to the subject of the complaint under Subdivision C; or

if section 20P applies—investigating the complaint under Subdivision D.

tell the complainant of the matter’s referral; and

give the Australian Competition and Consumer Commission any information or documents that relate to the complaint and that are in the Private Health Insurance Ombudsman’s possession or under his or her control.

the conduct of the investigation; and

any findings that it has made as a result of the investigation.

tell the complainant of the matter’s referral; and

give the other body any information or documents that relate to the complaint and that are in the Private Health Insurance Ombudsman’s possession or under his or her control.

tell the complainant of the decision and the reasons for the decision; and

if requested by the complainant—give the complainant written notice of the decision and the reasons for the decision.

the subject of the complaint has dealt, or is dealing, adequately with the complaint, or has not yet had an adequate opportunity to do so; or

the Private Health Insurance Ombudsman has dealt adequately with the complaint; or

the complainant is capable of assisting the Private Health Insurance Ombudsman in dealing with the complaint but does not do so on request; or

the complainant does not have a sufficient interest in the subject matter of the complaint; or

the matter is trivial; or

the complaint is frivolous or vexatious or was not made in good faith; or

the complaint is mainly about commercial negotiations and, having regard to the object of this Part, it is not appropriate to deal, or to continue to deal, with the complaint; or

the complaint is mainly about clinical matters and, having regard to the object of this Part, it is not appropriate to deal, or continue to deal, with the complaint; or

the complainant has exercised, or exercises, a right to have the matter to which the complaint relates reviewed by a court or tribunal constituted by or under a law of the Commonwealth or of a State or Territory; or

both:

the complainant has, or had, a right to have the matter to which the complaint relates reviewed by a court or by a tribunal constituted by or under a law of the Commonwealth or of a State or Territory, but has not exercised that right; and

it is, or would have been, reasonable for the complainant to exercise that right; or

to deal, or continue to deal, with the complaint is not warranted having regard to all the circumstances.

Subdivision C—Referral to subjects of complaints

receiving a report from the subject of a complaint after referral under Subdivision C; or

investigating a complaint under Subdivision D.

to a private health insurer, that the insurer take a specific course of action in relation to the complaint or make changes to its rules, or both;

to a private health insurer, that the insurer request a health care provider or private health insurance broker to take a specific course of action in relation to the complaint;

to a health care provider or private health insurance broker, that the provider or broker take a specific course of action in relation to the complaint.

general changes in regulatory practice or industry practices relating to the kind of subject of complaint;

possible means of dealing with specific problems arising in relation to the particular subject of the complaint.

the application of a private health insurance arrangement or a class of private health insurance arrangements to services or goods provided, or goods manufactured or supplied, by that kind of health care provider; or

a private health insurance arrangement or a class of private health insurance arrangements to which that kind of health care provider may be party.

inform the subject of the complaint that the Private Health Insurance Ombudsman proposes to make the report and of the nature of any criticism of the subject’s conduct that will appear in the report; and

invite the subject to comment on such criticism, before the end of the period specified in the invitation.

The Private Health Insurance Ombudsman must include in the report any comments made by the subject.

Subdivision F—Miscellaneous

any action taken by a private health insurer, a health care provider or private health insurance broker as a result of the Private Health Insurance Ombudsman’s handling of the complaint; and

any recommendations made by the Private Health Insurance Ombudsman under section 20Q;

and the reasons for the action or recommendation.

to a private health insurer, that the insurer take a specific course of action or make changes to its rules, or both;

to a health care provider or private health insurance broker, that the provider or broker take a specific course of action.

report to the Health Minister on any recommendations made to a private health insurer or private health insurance broker and any responses to those recommendations; or

report to the Health Minister on any recommendations to general changes in regulatory practice or industry practices relating to the kind of issues raised as a result of the exercise of those powers.

the report must refer to the Private Health Insurance Ombudsman’s exercise of powers under section 20SA; and

the Private Health Insurance Ombudsman must notify any private health insurer or private health insurance broker named in a report provided to the Health Minister of that fact, unless doing so would, or could be reasonably expected to, prejudice the conduct of a current or pending investigation.

the investigation relates to a matter arising out of or connected with a private health insurance arrangement; and

the practices and procedures relate to either or both of the following:

(i) the application of a private health insurance arrangement to services or goods provided, or to goods manufactured or supplied, by the health care provider;

a private health insurance arrangement to which the health care provider is, or was in the period to be investigated, a party; and

the Private Health Insurance Ombudsman considers, having regard to the object of this Part, that investigation of the health care provider together with the private health insurer is necessary or appropriate in order to consider the matter effectively.

to a private health insurer, that the insurer take a specific course of action or make changes to its rules, or both;

to a health care provider or private health insurance broker, that the provider or broker take a specific course of action.

report to the Health Minister on the outcome of the investigation and any mediation conducted as part of the investigation (including any recommendations made to the subject of the investigation); and

make recommendations to the Health Minister:

concerning general changes in regulatory practice or industry practices relating to that kind of subject of investigation; or

concerning possible means of dealing with specific problems arising in relation to the particular subject of the investigation.

(a) the application of a private health insurance arrangement or a class of private health insurance arrangements to services or goods provided, or to goods manufactured or supplied, by that kind of health care provider; or

a private health insurance arrangement or a class of private health insurance arrangements to which that kind of health care provider may be party.

inform the subject of the investigation that the Private Health Insurance Ombudsman proposes to make the report and of the nature of any criticism of the conduct of the subject that will appear in the report; and

invite the subject to comment on such criticism, before the end of the period specified in the invitation.

The Private Health Insurance Ombudsman must include in the report any comments made by the subject.

access documents or other records held in electronic form by a person who is:

a private health insurer or private health insurance broker; or

a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and

inspect, take extracts from, or make copies of, any such documents or other records.

the Private Health Insurance Ombudsman’s intention to access the documents or other records by remote means; and

the period during which the Private Health Insurance Ombudsman will access the documents or other records by remote means.

the person is either:

a private health insurer or private health insurance broker; or

a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and

the Private Health Insurance Ombudsman exercises, or purports to exercise, a power mentioned in subsection (1); and

the person does not provide the Private Health Insurance Ombudsman with reasonable facilities and assistance for the effective exercise of the power.

voluntary; or

required by a direction given to the party by the Private Health Insurance Ombudsman under section 20Y.

the subject of a complaint made under Division 3; or

a private health insurer that is the subject of an investigation under Division 4; or

a health care provider that is the subject of an investigation under Division 4;

to participate in mediation under section 20X.

be in writing; and

name either or both of the following:

the subject of the complaint or investigation;

an officer, or officers, of that subject; and

be given to those named in it; and

specify the time of the mediation, which must not be earlier than 14 days after the day the direction is given; and

specify the place of the mediation.

the person is directed under subsection (1) to participate in mediation; and

the other party to the mediation attends, or was willing to attend, the mediation; and

the person, or, if the person is a medical practitioner who has appointed a representative in relation to the mediation under section 20Z, the person’s representative, fails to participate in part or all of the mediation.

in writing; and

signed by the medical practitioner; and

made before the mediation starts.

the Private Health Insurance Ombudsman; or

a person appointed by the Private Health Insurance Ombudsman under section 20ZC.

if the parties agree to settle the matter; or

if the Private Health Insurance Ombudsman concludes that the matter cannot be settled by mediation.

whether the mediation was conducted; and

if the mediation failed—the reasons for the failure; and

if the parties agreed to settle the complaint—the terms of the settlement, including any action to be taken.

in any court (whether exercising federal jurisdiction or not); or

in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.

deciding if, and how, to deal with a complaint made under Division 3; or

mediating a complaint made under Division 3; or

investigating a complaint made under Division 3; or

evaluating action proposed by the subject of a complaint after referral of the complaint to the subject under Subdivision C of Division 3; or

an investigation under Division 4 (including mediating as part of the investigation under Division 5);

the Private Health Insurance Ombudsman may, by notice in writing given to the person, require the person to give the Private Health Insurance Ombudsman the information or the PHI records (relating to the complaint or the practices and procedures being investigated) that are specified in the notice, before the end of the period specified in the notice.

in compliance with a request under section 20ZD or a notice under section 20ZE; or

reasonably believing that this would assist the Private Health Insurance Ombudsman in:

mediating a complaint under Division 5 or otherwise dealing with it under Subdivision B or D of Division 3; or

referring a complaint under section 20K or 20L; or

making a decision under section 20M not to deal, or not to continue to deal, with a complaint; or

investigating a matter under section 20T.

(a) the Privacy Act 1988; and

any provision of a law of a State or Territory that provides that personal information contained in a record or information may be disclosed if the disclosure is authorised by law;

the giving of the information or PHI record to the Private Health Insurance Ombudsman is taken to be authorised by this Act.

contravenes any other enactment; or

might tend to incriminate himself or herself or make himself or herself liable to a penalty; or

discloses a legal advice given to the subject of a complaint made under Division 3 or an investigation under Division 4; or

if the subject of a complaint made under Division 3 or an investigation under Division 4 is an individual—discloses a privileged communication between the subject and another person or body; or

if the subject of a complaint made under Division 3 or an investigation under Division 4 is not an individual—discloses a privileged communication between:

an officer of the subject and another person or body; or

a person who is employed in the service of, or engaged to provide services to, the subject, and another person or body; or

otherwise acts contrary to the public interest;

then none of the following are admissible in evidence against the individual in any proceedings, other than proceedings for an offence against Criminal Code that relates to this Act:section 137.1, 137.2 or 149.1 of the

the information or PHI record given;

giving the information or PHI record;

any information, document or thing obtained as a direct or indirect consequence of giving the information or PHI record.

on the operations of the Private Health Insurance Ombudsman during a part of a year; or

in relation to any matter relating to, or arising in connection with, the exercise of the powers, or the performance of the functions, of the Private Health Insurance Ombudsman.

section 19; or

(b) Public Governance, Performance and Accountability Act 2013;section 46 of the

relating to the operations of the Ombudsman during that period.

Content of report

the number and nature of complaints received under section 20E;

the outcomes of any actions taken, recommendations made or investigations conducted in relation to such complaints;

the outcomes in relation to complaints referred to another body under section 20L;

a summary of the exercise of powers during the period by the Private Health Insurance Ombudsman under section 20SA;

the number and nature of investigations (if any) conducted by the Private Health Insurance Ombudsman under section 20T;

the outcomes of investigations conducted under section 20T.