Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 11   Amendments of Acts starting with O to R

Ombudsman Act 1976

18   At the end of Part IIA

Add:

19FA Reports of the Defence Force Ombudsman

Annual reports

(1) As soon as practicable after the end of each financial year, the Defence Force Ombudsman must give an annual report to the Minister, for presentation to the Parliament, on the operations of the Defence Force Ombudsman during the financial year.

Additional reports

(2) The Defence Force Ombudsman may, from time to time, give the Minister, for presentation to the Parliament, a report:

(a) on the operations of the Defence Force Ombudsman during a part of a year; or

(b) 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 Defence Force Ombudsman.

(3) Subsections (1) and (2) do not affect the powers and duties of the Defence Force Ombudsman under section 15, 16 or 17 (as the section applies because of subsection 19F(1)).

Tabling and inclusion in other reports

(4) If the Defence Force Ombudsman gives a report to the Minister under subsection (1) or (2), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

(5) A report relating to the operations of the Defence Force Ombudsman during a period may be included in a report under:

(a) section 19; or

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

relating to the operations of the Ombudsman during that period.

Reporting on investigations

(6) If the Defence Force Ombudsman refers to an investigation made by him or her under this Act in a report given under this section, the report must not, in referring to the investigation, set out opinions that are (either expressly or impliedly) critical of:

(a) a Department; or

(b) a prescribed authority; or

(c) a person;

unless the Defence Force Ombudsman has complied with subsection 8(5) in relation to the investigation.