NSW Expanded Inquiry and Inspection Powers for the Ombudsman

Ombudsman and Other Legislation Amendment Bill 2024

Legislative Council

Legislative Assembly

Assent

Share this bill

Introduced by: The Hon John Graham MLC (ALP); Jo Haylen MP (ALP)

Effects of this bill

If this bill passes, it means that:

Anyone can complain to the Ombudsman about a public authority's conduct; some types of conduct are excluded.
The Ombudsman can make preliminary inquiries to decide if they have jurisdiction or should start an investigation.
The Ombudsman can now copy documents when inspecting premises.
Public authorities must give the Ombudsman reasonable assistance and access to facilities during inspections.
Public authorities must cooperate with the Ombudsman; they must use best endeavours to help if asked.
The Ombudsman can monitor and assess Aboriginal programs.
The Ombudsman and public authorities can now disclose information that identifies a person who took protected action.
The Ombudsman cannot handle complaints that could instead be made to the Privacy Commissioner.

The Debate

What different members said when this bill was debated:

Alister Henskens LIB

“On behalf of the Opposition I make a short contribution to debate on the Ombudsman and Other Legislation Amendment Bill 2024. I indicate that the Opposition will be supporting the bill and will also be supporting the proposed further amendment to the bill, for reasons that I will make clear.”

Official source →

Janelle Saffin ALP

“I speak in support of the Ombudsman and Other Legislation Amendment Bill 2024. I make some key points to recognise the position of the Government. It seems that there is agreement all round, but the Government proposed the changes in the bill. It did that in good faith at the request of and in consultation with the Ombudsman.”

Official source →

Greg Warren ALP

“I am delighted to contribute to debate on the Ombudsman and Other Legislation Amendment Bill 2024. The Ombudsman’s office is an independent integrity agency that oversees the public sector of New South Wales and investigates complaints regarding most government agencies, local councils and community service providers.”

Official source →

Donna Davis ALP

“I speak in support of the Ombudsman and Other Legislation Amendment Bill 2024. The Ombudsman’s office is an independent integrity agency that oversees the New South Wales public sector and investigates complaints regarding most New South Wales government agencies, local councils and community service providers.”

Official source →

Nathan Hagarty ALP

“I speak in debate on the Ombudsman and Other Legislation Amendment Bill 2024. The bill comes about as the result of a request by the Ombudsman to amend legislation that governs both the functions of the NSW Ombudsman and the Ombudsman’s office, which the Government has acted on.”

Official source →

Jo Haylen ALP

“At the outset, I foreshadowed that the Government would move an amendment to the bill during consideration in detail. As members are aware, the bill proposes amendments to the Ombudsman Act 1974 and the Community Services (Complaints, Reviews and Monitoring) Act 1993 to implement a number of amendments proposed by the Ombudsman’s office.”

Official source →

News articles and press releases

Ombudsman and Other Legislation Amendment Bill 2024

The Hon. JOHN GRAHAM, Minister for Roads — 2024-05-09

Item [4] of schedule 1 to the bill proposes to omit section 13AA (1) and replace it with a new provision. In addition to the current provision that the Ombudsman may make preliminary inquiries for the purposes of deciding whether to investigate the conduct of a public authority, the proposed new provision will provide that preliminary inquiries can be made for the purposes of deciding whether the Ombudsman has jurisdiction over particular conduct or considering the exercise of a function of the Ombudsman under the Ombudsman Act or another Act. That will facilitate the effective and efficient performance of the Ombudsman’s functions in circumstances where an investigation is not available or is not indicated. Any information disclosed to the Ombudsman as a result of preliminary inquiries would be protected by the statutory confidentiality obligations of the Ombudsman and their officers.