7.7 The Ombudsman
The Office of the Ombudsman (formerly known as the Parliamentary Commissioner for Administrative Investigations) is established under the Ombudsman Act 2001 (the Act).
Functions
The principal functions of the Ombudsman are to:
- investigate administrative actions of agencies; and
- make recommendations to agencies about ways of:
- addressing the effects of inappropriate administrative actions; and
- improving administrative practices and procedures.
Jurisdiction
'Administrative action' means any action relating to a matter of administration, and includes a decision and an act, the failure to make a decision or do an act (including a failure to provide a written statement of reasons for a decision), the formulation of a proposal or intention, the making of a recommendation (including a recommendation made to a Minister), and an action taken because of a recommendation made to a Minister.
'Agency' means a department, local government or a public authority.
'Public authority' includes entities established for a public purpose under an Act or created by the Governor in Council or a Minister, and certain other entities or individuals appointed by the Queensland Government. The definition for 'public authority' is broad and the Ombudsman's Office should be consulted for clarification of any queries.
Investigative role and powers
The Ombudsman may instigate an investigation on his/her own initiative, as a result of a complaint or on reference by Parliament.
The Ombudsman may investigate informally or exercise significant formal powers such as the power to require persons to give statements, documents and information. The views of both the complainant and the agency are actively sought and considered before any investigation is concluded.
At the conclusion of the investigation the Ombudsman will form an opinion as to whether the administrative action to which the investigation related was:
- unlawful, unreasonable, unjust, oppressive or improperly discriminatory; or
- based on irrelevant grounds or considerations, or a mistake of law or fact; or
- lacking in adequate explanation or reasons; or
- simply wrong.
The Ombudsman may then give a report to the agency and the relevant Minister recommending that particular action be taken. If the recommended action is not taken, a report can be provided to the Premier and Parliament.
Administrative improvement role
Under the Act, the Ombudsman may also make recommendations or provide information or other assistance to agencies to improve administrative practice - for example, guidelines and training on good administrative decision making and internal complaints management.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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