Ombudsman Act 2001 (QLD)

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Ombudsman Act 2001 (Qld)
BarNet publication information - Date: Tuesday, 28.11.2023 - - Publication number: 12581137 - - User: anonymous
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Ombudsman Act 2001
An Act to establish an office of ombudsman for investigating administrative actions taken by, in or
for certain agencies, and recommending to agencies ways of improving administrative processes,
and for other purposes
Part 1 Preliminary
Division 1 General
1 Short title
This Act may be cited as the Ombudsman Act 2001 .
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Definitions
The dictionary in schedule 3 defines terms used in this Act.
4 Notes
A note in the text of this Act is part of the Act.
Following paragraph cited by:
Queensland Power Trading Corporation T/a Enertrade and Australian Securities and
Investments Commission (28 September 2005) (B J McCabe SM)
105. The applicant also referred to the role of the Ombudsman in the
regulatory regime. Section 5 of the Ombudsman Act 2001 (Qld) says:
The objects of this Act are--
(a) to give people a timely, effective, independent and just way

of having administrative actions of agencies investigated; and
(b) to improve the quality of decision-making and

administrative practice in agencies.
5 Objects of Act
The objects of this Act are—
(a)to give people a timely, effective, independent and just way of having
administrative actions of agencies investigated; and
(b)to improve the quality of decision-making and administrative practices

and procedures in agencies.
6 How objects are to be achieved
The objects of this Act are to be achieved by—
(a)requiring an ombudsman to be appointed; and
(b)authorising the ombudsman—
(i)to investigate administrative actions of agencies; and
(ii)to make recommendations to agencies, generally or in

particular cases, about ways of improving the quality of
decision-making and administrative practices and procedures;
and
(iii)to provide advice, training, information or other help to

agencies, generally or in particular cases, about ways of
improving the quality of decision-making and administrative
practices and procedures.
Division 2 Key concepts
Queensland Civil and Administrative Tribunal Act 2009 (QLD) (20 September 2023)
administrative action has the meaning given by the Ombudsman Act

2001 , section 7 .
Information Privacy Act 2009 (QLD) (01 March 2023)
administrative action has the meaning given by the Ombudsman Act

2001 , section 7 .
7 Meaning of administrative action
(1)An administrative action is any action about a matter of administration,

and includes—
(a)a decision and an act; and
(b)a failure to make a decision or do an act, including a failure
to provide a written statement of reasons for a decision; and
(c)the formulation of a proposal or intention; and
(d)the making of a recommendation, including a

recommendation made to a Minister; and
(e)an action taken because of a recommendation made to a

Minister.
(2)However, an operational action of a police officer or an officer of the

Crime and Corruption Commission is not an administrative action .
8 Meaning of agency
(1)An agency is any of the following entities—
(a)a department;
(b)a local government;
(c)a public authority.
(2)An agency is taken to include an entity, other than an incorporated entity

or an individual, established under an Act as a board, council, committee,
subcommittee or other similar entity for helping, or for performing
functions connected with, the agency.
(3)An individual is not an agency under this Act only because the
individual holds—
(a)an office the duties of which are performed as duties of

employment as an officer of an agency; or
(b)an office of member of an agency; or
(c)an office established under an Act for the purposes of an

agency.
9 Meaning of public authority
(1)A public authority is any of the following entities—
(a)an entity, other than an individual, that is—
(i)established for a public purpose under an Act; or
(ii)established by government for a public purpose
under an Act;
(b)an entity created by the Governor in Council or a Minister;
(c)an entity, other than an individual, declared under a

regulation to be a public authority and—
(i)supported directly or indirectly by government

funds or other help over which government is in a
position to exercise control; or
(ii)established under an Act;
(d)an individual holding an office established under an Act;
(e)an individual holding an appointment—
(i)made by the Governor in Council or a Minister,

other than under an Act; and
(ii)declared under a regulation to be a public

authority.
(2)However, none of the following is a public authority —
(a)a department or part of a department;
(b)a local government or part of a local government;
(c)a court, or the holder of a judicial office connected with a

court, when acting judicially or when performing a function
the court or office holder is authorised under an Act to perform;
(d)a registry or other office of a court, or the staff of a registry

or other office of a court in their official capacity, to the extent
its or their functions relate to the court’s judicial functions.
Note—
The entities mentioned in subsection (2)(a) and (b)

are agencies under section 8(1).
10 What is included in meaning of administrative action of agency
An administrative action of an agency includes—
(a)an administrative action taken by, in or for the agency; and
(b)an administrative action taken by or for an officer of the agency; and
(c)an administrative action taken for, or in the performance of functions
conferred on, an agency, by an entity that is not an agency.
Part 2 The ombudsman

11 Ombudsman
(1)There is to be an ombudsman.
(2)The ombudsman is an officer of the Parliament.
12 Functions of ombudsman
The functions of the ombudsman are—
(a)to investigate administrative actions of agencies—
(i)on reference from the Assembly or a statutory committee of

the Assembly; or
(ii)on complaint; or
(iii)on the ombudsman’s own initiative; and
(b)to consider the administrative practices and procedures of an agency

whose actions are being investigated and to make recommendations to the
agency—
(i)about appropriate ways of addressing the effects of

inappropriate administrative actions; or
(ii)for the improvement of the practices and procedures; and
(c)to consider the administrative practices and procedures of agencies

generally, and to make recommendations or provide advice, training,
information or other help to the agencies about ways of improving the
quality of administrative practices and procedures; and
(d)to provide advice, training, information or other help to agencies, in

particular cases, about ways of improving the quality of administrative
practices and procedures; and
(e)the other functions conferred on the ombudsman under this or any other
Act.
13 Ombudsman not subject to direction
Subject to any other Act or law, the ombudsman is not subject to direction by any
person about—
(a)the way the ombudsman performs the ombudsman’s functions under this
Act; or
(b)the priority given to investigations.
Part 3 Investigation of administrative actions of agencies
Division 1 Extent of jurisdiction
14 What ombudsman may investigate
(1)The ombudsman may investigate administrative actions of agencies.
(2)The ombudsman may investigate an administrative action despite a

provision in any Act to the effect that the action is final or can not be
appealed against, challenged, reviewed, quashed or called in question.
15 Liaison with complaints entity
The ombudsman may—
(a)liaise with a complaints entity about the exercise by the ombudsman and
the complaints entity of their respective functions for investigating
administrative actions; and
(b)enter into an arrangement with the complaints entity aimed at avoiding

inappropriate duplication of investigative activity.
16 What ombudsman may not investigate
(1)The ombudsman must not question the merits of—
(a)a decision, including a policy decision, made by a Minister

or Cabinet; or
(b)a decision that the ombudsman is satisfied has been taken

for implementing a decision made by Cabinet.
(2)Also, the ombudsman must not investigate administrative action taken

by—
(a)a tribunal, or a member of a tribunal, in the performance of

the tribunal’s deliberative functions; or
(b)a person acting as legal adviser to the State or as counsel for

the State in any legal proceedings; or
(c)a member of the police service, if the action may be, or has
been, investigated under the Crime and Corruption Act 2001 ;
or
(d)a police officer, if the officer is liable to disciplinary action,
or has been disciplined, under the Police Service
Administration Act 1990 , part 7 because of the action; or
(e)the auditor-general; or
(f)a mediator at a mediation session under the Dispute

Resolution Centres Act 1990 ; or
(g)a person in a capacity as a conciliator under the Health

Rights Commission Act 1991 , the repealed Health Quality and
Complaints Commission Act 2006 or the Health Ombudsman
Act 2013 ; or
(h)the information commissioner in the performance of the

commissioner’s functions under the Right to Information Act
2009 , section 128, 129, 130 or 131 .
17 Application to Supreme Court
(1)This section applies if, in an investigation, a question arises about

whether the ombudsman has jurisdiction to conduct the investigation.
(2)The ombudsman may apply to the Supreme Court to decide the question.
(3)The application must be heard in closed court.
Note—
This section does not stop applications being made under the Ju
dicial Review Act 1991 by entities whose actions are being
investigated or by complainants.
Division 2 When administrative actions may be investigated
18 When ombudsman may investigate administrative action
(1)The ombudsman may investigate administrative action of an agency if—
(a)a complaint is made about the administrative action; or
(b)the ombudsman otherwise considers the administrative

action should be investigated.
(2)The ombudsman must investigate a parliamentary reference of an

administrative action of an agency.
19 Assembly may refer administrative action for investigation
(1)The Assembly or a statutory committee of the Assembly may refer to
the ombudsman, for investigation and report, any administrative action of
an agency the ombudsman may investigate that the Assembly or committee
considers should be investigated by the ombudsman.
(2)The ombudsman must ensure the investigation is started as soon as

possible after the reference is made.
Division 3 Complaints
20 Complaints
(1)Unless this section otherwise provides, a complaint about an

administrative action of an agency—
(a)may be made orally or in written form; and
(b)may be made by any person, or by any body of persons,

whether incorporated or not ( complainant ), apparently
directly affected by the action; and
(c)must be made within 1 year after the day the complainant

first had notice of the action.
(2)For subsection (1)(c), a complainant is taken to have had notice of the

action at the time the complainant might reasonably be expected to have
had notice of the action.
(3)Despite subsection (1), the ombudsman may—
(a)decline to investigate an oral complaint until the complaint

is put in writing; or
(b)accept a complaint made for a complainant by a person

apparently representing the complainant; or
(c)accept a complaint after the end of the period mentioned in

subsection (1)(c) if the ombudsman considers it is proper to
accept the complaint because special circumstances exist; or
(d)accept a complaint even though the complaint may not on

its face be against an administrative action or agency if the
ombudsman considers there is a likelihood that the cause for
complaint arose from an administrative action.
(4)The ombudsman may, if the ombudsman considers it necessary for

achieving the objects of this Act for a particular complaint, give a person
the help necessary to put the complaint in writing.
(5)However, if the person who could have made a complaint under this Act
has died or the ombudsman considers the person can not, for any reason,
act for himself or herself, the complaint may be made by an individual who
is, in the ombudsman’s opinion, suitable to represent the person (also a com
plainant ).
(6)Also, if a person making the complaint is in custody or detention, the

relevant custodian must ensure all necessary steps are taken to facilitate the
making of the complaint.
Maximum penalty for subsection (6)—100 penalty units or 1 year’s

imprisonment.
(7)In this section—
relevant custodian means—
(a)if the person making the complaint is in the custody of the

chief executive (corrective services)—the chief executive
(corrective services); or
(b)otherwise—the person in charge of the place of custody or

detention.
21 Effect of restrictive provisions on complaints
If a provision, of an Act, prohibits or restricts, or authorises or requires the imposition

of prohibitions or restrictions on, communication, the provision does not apply to a
communication made for the purpose of making a complaint under this Act.
22 Preliminary inquiry
(1)For this division, the ombudsman may make reasonably necessary

inquiries to decide whether a complaint should be investigated.
(2)The principal officer of the agency must give the ombudsman

reasonable help in the conduct of a preliminary inquiry.
Forsyth-Stewart v State of Queensland (Department of Education) (29 April 2022)
37. Directive 02/17 contains this:
“Stage 3 - External review
7.5.15 If the employee who made the original
complaint is dissatisfied with a decision made
following internal review, the employee may seek an
external review. Depending on the issues raised in
the complaint, the avenues for external review may
include:
• A public service appeal against a

decision under a directive or a fair
treatment decision, under sections 194(1)
(a) or 194(1)(eb) of the Public Service
Act 2008 ; or
• Notification to the QIRC of an

industrial dispute under an industrial
instrument, or
• An application to the QIRC in relation

to an alleged contravention of a
workplace right under Chapter 8, Part 1
of the Industrial Relations Act 2016 ; or
• An application to the QIRC for a stop

bullying order under Chapter 7, Part 4 of
the Industrial Relations Act 2016 ; or
• A complaint to the QIRC in relation to

alleged sexual harassment, racial
vilification or religious vilification under
Chapter 7, Part 1 of the Anti-
Discrimination Act 1991 ; or
• A complaint to the Queensland

Ombudsman under the Ombudsman Act 2
001 .
- Note that under section 23 of the Ombud

sman Act 2001 , the Ombudsman has a
wide discretion to refuse to investigate a
complaint, for example, if the
complainant has a right of appeal or
review they have not used or where the
complainant has used and exhausted
another type of review or appeal.
However, the issues raised in a particular complaint

may mean that the complaint is not eligible for
external review under the above legislation.
Employees seeking more information about their
public service appeal rights and the procedures to be
followed when lodging a public service appeal
should refer to the QIRC Appeals Guide.
7.6 Complaints made to the commission chief

executive about the chief executive of an agency
7.6.1 An employee may make a complaint to the

commission chief executive about the chief executive
of an agency. A complaint must be made in writing
and must state the action the employee believes
would resolve the complaint. …”
Panting v State of Queensland (Queensland Health) (10 August 2021)

(vi) a complaint to the Queensland Ombudsman under the Ombudsman Act 2001 . Note that under secti
on 23 of the Ombudsman Act 2001 , the Ombudsman has a wide discretion to refuse to investigate a
complaint, for example, if the complainant has a right of appeal or review they have not used or where
the complainant has used and exhausted another type of review or appeal
23 Refusal to investigate complaint
(1)The ombudsman may refuse to investigate a complaint or, having started

to investigate a complaint, may refuse to continue the investigation if the
ombudsman considers that—
(a)the complaint is trivial; or
(b)the complaint is frivolous or vexatious or is not made in

good faith; or
(c)the complainant does not have a sufficient direct interest in

the action complained of; or
(d)both of the following apply—
(i)the complainant has a right of appeal, reference

or review, or another remedy, that the person has
not exhausted;
(ii)it would be reasonable in the circumstances to

require the person to exhaust the right or remedy
before the ombudsman investigates, or continues
to investigate, the complaint; or
(e)both of the following apply—
(i)the complainant had a right of appeal, reference

or review, or another remedy that is exhausted;
(ii)in the circumstances, the investigation, or the
continuance of the investigation, of the action
complained of is unnecessary or unjustifiable; or
(f)in the circumstances, the investigation, or the continuance of

the investigation, of the action complained of is unnecessary or
unjustifiable.
(2)Also, the ombudsman need not investigate a complaint to the extent that
the ombudsman is satisfied a complaints entity has investigated, or will
investigate, the action complained of at a level at least substantially
equivalent to the level at which the ombudsman would otherwise
investigate the complaint.
(3)A right or remedy mentioned in subsection (1)(d)(i) or (e)(i) does not

include a right under the Judicial Review Act 1991 to make application to
the Supreme Court.
(4)If the ombudsman—
(a)can not investigate a complaint; or
(b)refuses to investigate a complaint; or
(c)refuses to continue an investigation of a complaint;
the ombudsman must inform the complainant, in a way the ombudsman

considers appropriate, of the decision and the reasons for the decision as
soon as reasonably practicable.
Division 4 Other provisions
24 Investigations generally
(1)The ombudsman may conduct an investigation or part of an

investigation—
(a)informally; or
(b)by exercising powers under part 4.
(2)If an investigation is being conducted informally under subsection (1)

(a), the principal officer of the agency to which the investigation relates
must give the ombudsman reasonable help in the conduct of the
investigation.
25 Procedure
(1)Unless this Act otherwise provides, the ombudsman may regulate the
procedure on an investigation in the way the ombudsman considers
appropriate.
(2)The ombudsman, when conducting an investigation—
(a)must conduct the investigation in a way that maintains

confidentiality; and
(b)is not bound by the rules of evidence, but must comply with
natural justice; and
(c)is not required to hold a hearing for the investigation; and
(d)may obtain information from the persons, and in the way,

the ombudsman considers appropriate; and
(e)may make the inquiries the ombudsman considers

appropriate.
26 Consultation
(1)The ombudsman may, during or after an investigation, consult any

Minister who is concerned in the action complained of.
(2)The ombudsman must consult with a Minister if—
(a)either—
(i)the Minister asks to consult with the

ombudsman about an investigation; or
(ii)an investigation relates to a recommendation

made to the Minister; and
(b)the ombudsman is considering making a report under section

50 about the investigation.
(3)If, during an investigation, the ombudsman considers there may be

grounds for making a report on the investigation that may affect or concern
an agency, the ombudsman must, before making the report, give the
principal officer of the agency an opportunity to comment on the matter
under investigation.
Minister includes a local government’s chairperson, mayor or

president.
Part 4 Powers and procedures for investigations
Division 1 Ombudsman’s powers for conducting investigations
27 Notice to principal officer
(1)If—
(a)the ombudsman decides, or is required, to conduct an

investigation into an administrative action of an agency; and
(b)the ombudsman intends to exercise powers under this part;
the ombudsman must, before exercising the powers, give the principal
officer of the agency a notice under subsection (2).
(2)The notice must—
(a)inform the officer of the ombudsman’s intention to conduct

the investigation; and
(b)identify, to the extent reasonable in the circumstances, the

administrative action the subject of the investigation; and
(c)inform the officer in general terms of the powers the

ombudsman may exercise under this part for investigations.
(3)On the giving of the notice, the ombudsman may exercise powers under
this part for the investigation.
28 Requirement to give document or information
The ombudsman may by notice given to a person, require the person, within a stated
reasonable time—
(a)to give the ombudsman—
(i)an oral or written statement of information of a stated type

relevant to the investigation; or
(ii)a stated document or other stated thing relevant to the

investigation, or a copy of a stated document; or
(iii)all documents of a stated type containing information

relevant to the investigation, or copies of documents of the
stated type; or
(b)to create, and give the ombudsman, a document containing information

reasonably required for the investigation.
29 Requirement to attend and to give document or information
(1)The ombudsman may by notice given to a person, require the person—
(a)to attend before the ombudsman at a stated reasonable place
and time; and
(b)at the stated place and time, to do 1 or more of the

following as stated in the notice—
(i)give the ombudsman information of a stated

type relevant to the investigation;
(ii)answer questions relevant to the investigation

the ombudsman reasonably requires to be
answered;
(iii)give the ombudsman a stated document or

other stated thing relevant to the investigation, or a
copy of a stated document;
(iv)give the ombudsman all documents of a stated

type containing information relevant to the
investigation, or copies of documents of the stated
type.
(2)If the person is a prisoner, the ombudsman may, by notice given to the
chief executive (corrective services), direct that chief executive to produce
the prisoner named in the notice at a stated time and place.
(3)A direction mentioned in subsection (2) is lawful authority to the chief

executive (corrective services) for production of the prisoner as directed.
(4)The chief executive (corrective services) must comply with the direction
served on the chief executive.
(5)A prisoner produced under this section remains in the custody of the
chief executive (corrective services).
prisoner means a person in the custody of the chief executive

(corrective services).
30 Compliance with investigation requirement
(1)A person who receives an investigation requirement must comply with

the requirement, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(2)An excuse is a reasonable excuse for subsection (1) if—
(a)within the time for compliance with the investigation
requirement, the person gives the ombudsman a notice of the
excuse in enough detail to allow the ombudsman to form an
opinion on whether the excuse is reasonable; and
(b)the ombudsman advises the person that, in the ombudsman’

s opinion, the excuse is reasonable.
(3)Subsection (2) does not limit what is a reasonable excuse.
(4)It is not a reasonable excuse for subsection (1) that complying with the
investigation requirement might tend to incriminate the person.
Note—
See section 48 for the restrictions on the admissibility in a

proceeding of information given, or derived from information
given, under subsection (1).
31 Power of court if noncompliance with investigation requirement
(1)This section applies if, without reasonable excuse, a person fails to

comply with an investigation requirement.
(2)A Magistrates Court, at the request of the ombudsman, may issue a

subpoena requiring the attendance of the person before the ombudsman.
(3)The Uniform Civil Procedure Rules 1999 , other than rules 417, 418 and
420, apply to the subpoena.
Note—
See the Uniform Civil Procedure Rules 1999 , chapter 11 (Evid

ence), part 4 (Subpoenas) and rules 417 (Order for cost of
complying with subpoena), 418 (Cost of complying with
subpoena if not a party) and 420 (Production by non-party).
subpoena means—
(a)a subpoena for production; or
(b)a subpoena to give evidence; or
(c)a subpoena for production and to give evidence.
32 Custody of document given to ombudsman
(1)If a document or other thing is produced to the ombudsman under this
division—
(a)the ombudsman may keep the document or thing for a

reasonable period for conducting the investigation; and
(b)if it is a document, take extracts from it and make copies of

it.
(2)While the ombudsman has possession of the document or other thing,

the ombudsman must allow it to be inspected at any reasonable time by a
person who would have the right to inspect it if it were not in the
ombudsman’s possession.
33 Way of giving information
(1)If a person is required to give information under this division, whether

or not through answering questions, the ombudsman may—
(a)require the information to be given on oath; and
(b)administer the required oath.
(2)The oath to be taken by a person for this section is an oath that the
information the person will give will be true.
(3)A person required to give information on oath must not refuse to be

sworn.
Maximum penalty for subsection (3)—100 penalty units.
34 Investigation at agency premises
(1)The ombudsman may, on the giving of reasonable notice to the principal

officer of an agency, and at a reasonable time—
(a)enter and inspect a place occupied by the agency; and
(b)take into the place the persons, equipment and materials the
ombudsman reasonably requires for the investigation; and
(c)take extracts from, or copy in any way, documents located

at the place; and
(d)require an officer of the agency at the place to give the

ombudsman reasonable help in exercising the powers
mentioned in paragraphs (a) to (c).
(2)A person given a requirement under subsection (1)(d) must comply with
the requirement unless the person has a reasonable excuse.
Maximum penalty for subsection (2)—100 penalty units.
35 Expenses
(1)The ombudsman may pay the reasonable expenses incurred by a person

in complying with a requirement of the ombudsman under this division or
in otherwise helping the ombudsman in an investigation.
(2)In subsection (1)—
person does not include any of the following—
(a)an agency;
(b)an officer of an agency carrying out the officer’s duties with

the agency;
(c)if the investigation arose from a complaint—the

complainant.
Division 2 Arrest warrants
36 Application for arrest warrant
(1)The ombudsman may apply to a magistrate for a warrant for the arrest of
a person ( arrest warrant ) if—
(a)the person has not complied with an investigation

requirement given to the person under section 29(1) to attend
before the ombudsman; and
(b)the ombudsman has not given the person advice under sectio
n 30(2) to the effect that an excuse given by the person for not
attending is, in the ombudsman’s opinion, a reasonable excuse;
and
(c)the person has also not complied with a subpoena issued

because of the failure to comply with the investigation
requirement.
(2)The application must be sworn and state the grounds on which the
warrant is sought.
(3)The magistrate may refuse to consider the application until the

ombudsman gives the magistrate all the information the magistrate requires
about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting
the application to be given by statutory declaration.
37 Issue of arrest warrant
(1)The magistrate may issue an arrest warrant only if the magistrate is

satisfied—
(a)the person has refused to attend before the ombudsman

under an investigation requirement or a subpoena; and
(b)the warrant is necessary to ensure the person attends before

the ombudsman.
(2)The warrant must state that a police officer may arrest the person named
in the warrant and cause the person to attend before the ombudsman.
Note—
For particular police powers relating to the arrest of a person,

see the Police Powers and Responsibilities Act 2000 , sections
21 and 615 . Also, for what happens if the person can not be
taken before the ombudsman on the day of the arrest, see sectio
n 395 of that Act.
Division 3 Contempt
38 Contempt of ombudsman
(1)A person is in contempt of the ombudsman if, in an investigation, the

person—
(a)insults or threatens—
(i)the ombudsman; or
(ii)a person who gives or is to give information or

a document to the ombudsman; or
(iii)a lawyer or other person helping a person who

gives or is to give information or a document to
the ombudsman; or
(b)deliberately interrupts the ombudsman or otherwise behaves

in a disruptive way before the ombudsman; or
(c)creates or continues, or joins in creating or continuing, a

disturbance in or near the place where the ombudsman is
performing a function under this Act; or
(d)obstructs or assaults a person who attends, or is to attend,
before the ombudsman; or
(e)by writing or speech uses false and defamatory words about

the ombudsman; or
(f)does anything, whether before the ombudsman or otherwise,

that would be a contempt of court if the ombudsman were a
judge acting judicially.
(2)Also, if the ombudsman orders under section 91 that information or the

contents of a document must not be published, a person is in contempt of
the ombudsman if the person publishes, or permits or allows to be
published, the information or the contents of the document.
ombudsman includes an officer of the ombudsman.
39 Punishment of contempt
(1)A person’s contempt of the ombudsman may be punished under this

section.
(2)The ombudsman may certify the contempt in writing to the Supreme

Court (the court ).
(3)For subsection (2), it is enough for the ombudsman to be satisfied there

is evidence of contempt.
(4)The court may issue a warrant directed to a police officer for the arrest
of the person to be brought before the court to be dealt with according to
law.
(5)The Bail Act 1980 applies to the proceeding for the contempt started by
the certification in the same way it applies to a charge of an offence.
(6)The court must inquire into the alleged contempt.
(7)The court must hear—
(a)witnesses and evidence that may be produced against or for

the person whose contempt was certified; and
(b)any statement given by the person in defence.
(8)If the court is satisfied the person has committed the contempt, the court
may punish the person as if the person had committed the contempt in a
proceeding in the court for the enforcement of a non-money order.
(9)The Uniform Civil Procedure Rules 1999 , so far as they relate to the
enforcement of non-money orders, apply, with necessary changes, to the
court’s investigation, hearing and power to punish.
(10)The ombudsman’s certificate of contempt is evidence of the matters

stated in the certificate.
40 Conduct that is contempt and offence
(1)If conduct of an offender is both contempt of the ombudsman and an

offence, the offender may be proceeded against for the contempt or for the
offence, but the offender is not liable to be punished twice for the same
conduct.
offender means a person guilty, or alleged to be guilty, of

contempt of the ombudsman.
Division 4 Offences
41 False or misleading statement
(1)A person must not state anything to the ombudsman or an officer of the
ombudsman the person knows is false or misleading in a material particular.
(2)It is enough for a complaint against a person for an offence against

subsection (1) to state the statement made was, without specifying which,
‘false or misleading’.
42 False or misleading document
(1)A person must not give the ombudsman or an officer of the ombudsman
a document containing information the person knows is false or misleading
in a material particular.
(2)Subsection (1) does not apply to a person if the person, when giving the
document—
(a)tells the ombudsman or officer, to the best of the person’s

ability, how the information in the document is false or
misleading; and
(b)if the person, has, or can reasonably obtain, the correct

information—gives the correct information.
(3)It is enough for a complaint against a person for an offence against
subsection (1) to state the information in the document was, without
specifying which, ‘false or misleading’.
43 Offence to assault or obstruct ombudsman or officer of ombudsman
(1)A person must not assault or obstruct the ombudsman or an officer of

the ombudsman in the performance of duties under this Act.
Maximum penalty—40 penalty units or 6 months imprisonment.
assault has the meaning given by the Criminal Code, section 245
.
obstruct includes hinder, resist and attempt to obstruct.
Part 5 Other provisions supporting performance of ombudsman’s functions

44 Application of Criminal Code
(1)The Criminal Code, sections 120, 123, 123A, 124, 125, 126, 127, 128, 129
and 130 ( identified provisions ) apply, with necessary changes, to
investigations under this Act.
(2)Without limiting subsection (1), for applying the identified provisions to

an investigation—
(a)the investigation is a judicial proceeding; and
(b)the ombudsman is the holder of a judicial office; and
(c)a reference to judicial capacity is a reference to capacity as

ombudsman; and
(d)a reference to the giving or withholding of testimony is a

reference to the giving or withholding of information; and
(e)a reference to a witness is a reference to a person from

whom the ombudsman may obtain information; and
(f)a reference to being required or used in evidence is a

reference to being required or used for the obtaining of
information; and
(g)a reference to being summoned to attend as a witness is a

reference to being asked or required to attend to give
information; and
(h)a reference to a tribunal is a reference to the ombudsman.
45 Information disclosure and privilege
(1)No obligation to maintain secrecy or other restriction on the disclosure

of information obtained by or given to officers of an agency, whether
imposed by any Act or by a rule of law, applies to the disclosure of
information relevant to a preliminary inquiry or an investigation by the
ombudsman.
(2)In a preliminary inquiry or an investigation, the State or an agency is not

entitled to any privilege that would apply to the production of documents,
or the giving of evidence, relevant to the investigation, in a legal
proceeding.
(3)A person has, for the giving of information and the production of
documents or other things relevant to a preliminary inquiry or an
investigation, equivalent privileges to the privileges the person would have
as a witness in proceedings in a court.
(4)Subsection (3) has effect subject to subsections (1) and (2) and part 4, div
ision 1.
46 Disclosure of certain matters not required
(1)This Act does not require or authorise a person—
(a)to give any information or answer any question relating to

proceedings of Cabinet or a committee of Cabinet; or
(b)to produce or inspect a document to the extent it relates to

proceedings mentioned in paragraph (a).
(2)For subsection (1), a certificate issued by the chief executive of a

department administered by the Premier, with the Premier’s approval,
certifying that any information or question, or any document or part of a
document, relates to any proceedings mentioned in subsection (1) is
conclusive of the fact so certified.
(3)The ombudsman must not require—
(a)any information or answer to be given; or
(b)the production of any document or thing;
if the Attorney-General certifies, in writing, that the giving of the

information, or the answering of the question, or the production of the
document or thing might prejudice the security of the State or the
investigation or detection of offences.
47 Protection of person helping ombudsman
(1)A person must not cause, or threaten, attempt or conspire to cause,
detriment to another person because, or in the belief that, any person—
(a)has made, or may make, a complaint to the ombudsman; or
(b)has given, or may give, the ombudsman information or a

document or other thing for the purposes of a preliminary
inquiry or an investigation.
(2)An attempt to cause detriment includes an attempt to induce a person to

cause detriment.
detriment , to a person, includes dismissal of the person from

the person’s employment.
48 Inadmissibility of particular information in proceedings
(1)This section applies if an individual gives information to the

ombudsman under an investigation requirement.
(2)The following information is not admissible in any proceeding as

evidence against the individual—
(a)the information given by the individual under the

investigation requirement and the fact of that giving ( primary
evidence );
(b)any information obtained as a direct or indirect result of

primary evidence ( derived evidence ).
(3)Subsection (2) does not prevent primary evidence or derived evidence

being admitted in evidence in criminal proceedings about the falsity or
misleading nature of the primary evidence.
information includes a document.
Part 6 Reports and recommendations
Division 1 Reports on particular investigations
49 Investigations to which div 1 applies
(1)This division applies to an investigation of an administrative action of an
agency, other than an investigation started because of a parliamentary
reference.
(2)However, this division applies to an investigation only if the

ombudsman considers that the administrative action to which the
investigation relates—
(a)was taken contrary to law; or
(b)was unreasonable, unjust, oppressive, or improperly

discriminatory; or
(c)was in accordance with a rule of law or a provision of an

Act or a practice that is or may be unreasonable, unjust,
oppressive, or improperly discriminatory in the particular
circumstances; or
(d)was taken—
(i)for an improper purpose; or
(ii)on irrelevant grounds; or
(iii)having regard to irrelevant considerations; or
(e)was an action for which reasons should have been given, but
were not given; or
(f)was based wholly or partly on a mistake of law or fact; or
(g)was wrong.
Path to Treaty Act 2023 (QLD) (17 May 2023)
50 Report and recommendations
(1)This section applies if the ombudsman considers—
(a)the administrative action should be referred to the agency for further

consideration; or
(b)action can be, and should be, taken to rectify, mitigate or change the
effects of, the administrative action; or
(c)a practice under which the administrative action was taken should be
changed; or
(d)any law under which, or on the basis of which, the administrative action
was taken should be reconsidered; or
(e)reasons, or further reasons, should be given for the administrative action;

or
(f)any other steps should be taken.
(2)The ombudsman may—
(a)give the principal officer of the agency a report that—
(i)states the action the ombudsman considers should be taken;

and
(ii)makes recommendations the ombudsman considers

appropriate; and
(b)if the agency is a local government—direct the principal officer to table

the report at a meeting of the local government; and
(c)if subsection (3) does not apply—give a copy of the report to the
responsible Minister for the agency.
(3)If, during or after the investigation, the ombudsman considers there is evidence of a
breach of duty or misconduct on the part of an officer of the agency, the ombudsman—
(a)must give the principal officer of the agency a report that—
(i)states the nature of the breach of duty or misconduct; and
(ii)makes recommendations the ombudsman considers

appropriate; and
(b)if the agency is a local government—may direct the principal officer to

table the report at a meeting of the local government; and
(c)may, if the ombudsman considers it appropriate in the circumstances,

give a copy of the report to—
(i)the responsible Minister for the agency; and
(ii)if the agency is a local government—the local government’s

mayor.
Note—
The ombudsman must also, under the Crime and Corruption Act 2001 ,
section 38 , notify the Crime and Corruption Commission of any matters
involving, or possibly involving, corrupt conduct under that Act.
(4)If the principal officer of a local government is given a report under subsection (2)(a)
or (3)(a), the principal officer must—
(a)give a copy of the report to all the members, however named, of the local
government; and
(b)if the principal officer is given a direction under subsection (2)(b) or (3)(b)
to table a copy of the report at a meeting of the local government—table the
report as directed.
51 Action after report making recommendations
(1)This section applies if the ombudsman gives the principal officer of an agency a report
under section 50 that makes recommendations.
(2)The ombudsman may ask the principal officer of the agency to give the ombudsman,
within a stated time, comments about—
(a)the steps taken or proposed to be taken to give effect to the

recommendations; or
(b)if no steps, or only some steps, have been or are proposed to be taken to
give effect to the recommendations—the reasons for not taking steps, or all
the steps, necessary to give effect to the recommendations.
(3)The ombudsman may give the Premier a copy of the report and a copy of any
comments made by or for the principal officer of the agency if—
(a)it appears to the ombudsman that no steps the ombudsman considers

appropriate have been taken within a reasonable time after giving the
principal officer the report; and
(b)within that time, the ombudsman has considered any comments made by
or for the principal officer; and
(c)the ombudsman considers it appropriate.
(4)If the ombudsman gives the Premier a copy of a report (the original report ) and a copy
of any comments, the ombudsman may give the Speaker, for tabling in the Assembly,
another report that deals, to the extent the ombudsman considers appropriate, with the
original report and the comments.
Division 2 Other reports
52 Report to Assembly on ombudsman’s initiative
If the ombudsman considers it appropriate, the ombudsman may give to the Speaker at any time, for
tabling in the Assembly, a report on a matter arising out of the performance of the ombudsman’s
functions.
53 Report on parliamentary reference
If the ombudsman investigates administrative action because of a parliamentary reference, the

ombudsman must give a report on the investigation to the Speaker for tabling in the Assembly.
54 Other reports on authority of speaker
The Speaker may, at the ombudsman’s written request, authorise the ombudsman to publish, in the
public interest or in the interests of any agency, organisation or person—
(a)a report relating generally to the performance of the ombudsman’s functions; or
(b)a report relating to any particular case investigated by the ombudsman;
whether or not the matters to be dealt with in the report have been the subject of a report tabled in
the Assembly under this Act.
Division 3 Miscellaneous
55 Report containing adverse comment
(1)This section applies if the ombudsman proposes to make an adverse comment about a
person in a report under this Act.
(2)The ombudsman must not make the proposed adverse comment unless, before the
report is prepared, the ombudsman gives the person an opportunity to make
submissions about the proposed adverse comment.
(3)If the person makes submissions and the ombudsman still proposes to make the
adverse comment, the ombudsman must ensure the person’s defence is fairly stated in
the report.
56 Report not to disclose identities in particular circumstances
(1)This section applies if—
(a)the ombudsman investigates a matter involving a person; and
(b)under an Act, the identity of the person must not be disclosed.
(2)The ombudsman must not disclose the identity of the person, or information from
which the person’s identity could be deduced, in any report under section 51(4) or divisio
n 2.
57 Information to complainant on completion of investigation
If the ombudsman investigates administrative action because of a complaint, the ombudsman must,
as soon as possible, inform the complainant, in the way the ombudsman considers appropriate, of
the result of the investigation.
Coroners Act 2003 (QLD) (01 March 2023)
57A Copy of report may be given to particular persons
(1)This section applies if a report prepared by the ombudsman under this part relates to
the death of a person that—
(a)was a reportable death under the Coroners Act 2003 ; or
(b)was the subject of an inquiry under the Coroners Act 1958 .
(2)The ombudsman may give a copy of the report—
(a)to the State Coroner—
(i)for use by a coroner to help in an investigation under the Coro
ners Act 2003 or an inquiry under the Coroners Act 1958 ; or
(ii)for use by the State Coroner in relation to the State Coroner’

s functions and powers under the Coroners Act 2003 ; or
(b)to the Attorney-General, for use by the Attorney-General for his or her
functions and powers under the Coroners Act 2003 or Coroners Act 1958 ; or
(c)to the Minister under the Coroners Act 2003 or Coroners Act 1958 , for use by
that Minister for his or her functions and powers under that Act.
(3)This section applies despite any other provision of this Act.
State Coroner means the State Coroner under the Coroners Act 2003 .
57B Particular reports may be given to chief executive (child safety)
(1)If a report prepared by the ombudsman under this part relates to the death or serious
physical injury of a child, the ombudsman may give a copy of the report to the chief
executive (child safety).
(2)Subsection (1) applies despite any other provision of this Act.
chief executive (child safety) means the chief executive of the department in
which the Child Protection Act 1999 is administered.
serious physical injury see the Child Protection Act 1999 , schedule 3 .
Inspector of Detention Services Act 2022 (QLD) (01 July 2023)
The Ombudsman Act 2001 , part 7 provides for matters relating to the appointment of
the inspector.
Part 7 Particular provisions about the ombudsman and inspector of detention services
Division 1 Appointment
58 Appointment as ombudsman and inspector of detention services
(1)The ombudsman is appointed by the Governor in Council.
(2)The ombudsman is also appointed by the Governor in Council to be the inspector of

detention services.
(3)The ombudsman and the inspector of detention services are appointed under this Act
and not under the Public Sector Act 2022 .
(4)If a person stops holding office as the ombudsman, the person also stops holding
office as the inspector of detention services.
(5)If a person stops holding office as the inspector of detention services, the person also
stops holding office as the ombudsman.
59 Procedure before appointment
(1)A person may be appointed as the ombudsman and the inspector of detention services
only if—
(a)the Minister has placed press advertisements nationally calling for

applications from suitably qualified persons to be considered for
appointment; and
(b)the Minister has consulted with the parliamentary committee about—
(i)the process of selection for appointment; and
(ii)the appointment of the person as the ombudsman and the

inspector of detention services.
(2)Subsection (1)(a) and (b)(i) does not apply to the reappointment of a person as the
ombudsman and the inspector of detention services.
60 Ineligibility for appointment
A person must not be appointed as the ombudsman or the inspector of detention services if the
person has been, within the last 3 years—
(a)a member of the Parliament of the State, another State or the Commonwealth; or
(b)the holder of—
(i)the office of the chairperson, the mayor, the president, a councillor or a

member of a local government; or
(ii)an office in another State equivalent to an office mentioned in

subparagraph (i).
61 Term of appointment
(1)The ombudsman holds office as ombudsman for the term, of no more than 5 years,
stated in the instrument of appointment.
(2)The ombudsman holds office as inspector of detention services for the term, of no
more than 5 years, stated in the instrument of appointment.
(3)A person may be reappointed as the ombudsman and the inspector of detention
services.
(4)However, a person must not be reappointed if the total of the person’s terms of
appointment as the ombudsman would be more than 10 years.
62 Remuneration and conditions
(1)The ombudsman, as the ombudsman and the inspector of detention services, is to be

paid remuneration and travelling and other allowances decided by the Governor in
Council.
(2)The remuneration paid under subsection (1) must not be reduced during the
ombudsman’s term of office without the ombudsman’s written consent.
(3)The ombudsman, as the ombudsman and the inspector of detention services, is

entitled to the leave of absence decided by the Governor in Council.
63 Oath before performing duties
(1)Before performing the duties of office as the ombudsman and the inspector of
detention services, the ombudsman must make an oath to the effect that he or she will
faithfully and impartially perform the duties of each office.
(2)The oath must be administered by the Speaker.
63A Declaration of interests
(1)This section applies to the ombudsman on appointment as the ombudsman or the

inspector of detention services.
Note—
Appointment includes reappointment. See the Acts Interpretation Act 1954 ,

schedule 1 , definition appoint.
(2)The ombudsman must, within 1 month, give the Speaker a statement setting out the
information mentioned in subsection (3) in relation to—
(a)the interests of the ombudsman; and
(b)the interests of each person who is a related person in relation to the

ombudsman.
(3)The information to be set out in the statement is the information that would be
required to be disclosed under the Parliament of Queensland Act 2001 , section 69B if the
ombudsman were a member of the Legislative Assembly.
(4)Subsections (5) and (6) apply if, after the giving of the statement—
(a)there is a change in the interests mentioned in subsection (2); and
(b)the change is of a type that would have been required to be disclosed

under the Parliament of Queensland Act 2001 , section 69B if the ombudsman
were a member of the Legislative Assembly.
(5)The ombudsman must give the Speaker a revised statement.
(6)The revised statement must—
(a)be given as soon as possible after the relevant facts about the change
come to the ombudsman’s knowledge; and
(b)comply with subsection (3).
(7)The Speaker must, if asked, give a copy of the latest statement to—
(a)the Minister; or
(b)the leader of a political party represented in the Legislative Assembly; or
(c)the Crime and Corruption Commission; or
(d)a member of the parliamentary committee; or
(e)the integrity commissioner.
(8)The Speaker must, if asked, give a copy of the part of the latest statement that relates
only to the ombudsman to another member of the Legislative Assembly.
(9)A member of the Legislative Assembly may, by writing given to the Speaker, allege
that the ombudsman has not complied with the requirements of this section.
(10)A reference in this section to an interest is a reference to the matter within its
ordinary meaning under the general law and the definition in the Acts Interpretation Act
1954 , schedule 1 does not apply.
integrity commissioner means the Queensland Integrity Commissioner under

the Integrity Act 2009 .
related person , in relation to the ombudsman, means—
(a)the ombudsman’s spouse; or
(b)a person who is totally or substantially dependent on the ombudsman

and—
(i)the person is the ombudsman’s child; or
(ii)the person’s affairs are so closely connected with the

ombudsman’s affairs that a benefit derived by the person, or a
substantial part of it, could pass to the ombudsman.
63B Conflicts of interest
(1)This section applies to the ombudsman in relation to the ombudsman’s official

responsibilities as the ombudsman and the inspector of detention services.
(2)If the ombudsman has an interest that conflicts or may conflict with the discharge of
the ombudsman’s responsibilities, the ombudsman—
(a)must disclose the nature of the interest and conflict to the Speaker and
parliamentary committee as soon as practicable after the relevant facts
come to the ombudsman’s knowledge; and
(b)must not take action or further action concerning a matter that is, or may
be, affected by the conflict until the conflict or possible conflict is resolved.
(3)If the conflict or possible conflict between an interest of the ombudsman and the
ombudsman’s responsibilities is resolved, the ombudsman must give to the Speaker and
parliamentary committee a statement advising of the action the ombudsman took to
resolve the conflict or possible conflict.
(4)A reference in this section to an interest or to a conflict of interest is a reference to

those matters within their ordinary meaning under the general law and, in relation to an
interest, the definition in the Acts Interpretation Act 1954 , schedule 1 does not apply.
64 Restriction on outside employment
(1)The ombudsman must not, without the Minister’s prior approval in each particular
case—
(a)hold any offices of profit other than those of the ombudsman and the
inspector of detention services; or
(b)engage in any remunerative employment or undertaking outside the

duties of each office.
(2)Contravention of subsection (1) is misconduct under division 2.
65 Acting ombudsman and inspector of detention services
(1)The Governor in Council may appoint a person to act as the ombudsman and the
inspector of detention services—
(a)during a vacancy as the ombudsman or inspector of detention services; or
(b)during any period when the ombudsman—
(i)is absent from duty as the ombudsman or inspector of

detention services; or
(ii)is unable, for another reason, to perform the duties of the

ombudsman or inspector of detention services.
(2)The person appointed under subsection (1) to act as the ombudsman and the inspector
of detention services must be eligible for appointment as the ombudsman and inspector
of detention services.
(3)The person appointed as the acting ombudsman and the acting inspector of detention
services is appointed under this Act and not the Public Sector Act 2022 .
(4)The Acts Interpretation Act 1954 , section 25 (1)(b)(iv) and (v) does not apply to the offices
of the acting ombudsman and the acting inspector of detention services.
Division 2 Removal or suspension from office
66 Grounds for removal or suspension from office as the ombudsman and inspector of detention
services
The following are grounds for removal or suspension of the ombudsman from office as the
ombudsman and inspector of detention services—
(a)proved incapacity, incompetence or misconduct;
(b)conviction of an indictable offence.
67 Removal of ombudsman and inspector of detention services on address
(1)The Governor may, on an address from the Assembly, remove the ombudsman from
office as the ombudsman and inspector of detention services.
(2)The motion for the address may be moved only by the Premier.
(3)The Premier may move the motion only if—
(a)the Premier has given the ombudsman a statement setting out the
reasons for the motion; and
(b)the statement and any written response by the ombudsman have been
tabled in the Assembly; and
(c)the Premier has consulted with the parliamentary committee about the
motion; and
(d)agreement to the motion has been obtained from—
(i)all members of the parliamentary committee; or
(ii)a majority of members of the parliamentary committee,

other than a majority consisting wholly of members of the
political party or parties in government in the Assembly.
68 Suspension of ombudsman and inspector of detention services on address
(1)The Governor may, on an address from the Assembly, suspend the ombudsman from
office as the ombudsman and inspector of detention services.
(2)The motion for the address may be moved only by the Premier.
(3)The Premier may move the motion only if—
reasons for the motion; and
(b)the statement and any written response by the ombudsman have been
tabled in the Assembly; and
(c)the Premier has consulted with the parliamentary committee about the
motion; and
(d)agreement to the motion has been obtained from—
(i)all members of the parliamentary committee; or
(ii)a majority of members of the parliamentary committee,

other than a majority consisting wholly of members of the
political party or parties in government in the Assembly.
(4)The ombudsman is entitled to be paid salary and allowances as the ombudsman and
inspector of detention services for the period of the suspension only if—
(a)the Assembly resolves that the salary and allowances be paid for the
period; or
(b)the Assembly does not pass a resolution under paragraph (a) and the
Governor in Council approves the payment of the salary and allowances for
the period.
69 Suspension of ombudsman and inspector of detention services if Assembly not sitting
(1)If the Assembly is not sitting, the Governor in Council may suspend the ombudsman
from office as the ombudsman and inspector of detention services.
(2)The Governor in Council may suspend the ombudsman only if—
reasons for the suspension; and
(b)the Premier has considered any response by the ombudsman to the

statement.
(3)The Premier must table the statement and any written response by the ombudsman in
the Assembly within 3 sitting days after the day the suspension begins.
(4)The suspension stops having effect—
(a)at the end of 6 sitting days after the day the suspension begins; or
(b)if the ombudsman is earlier removed or suspended from office on an

address from the Assembly under section 67 or 68—at the earlier time.
(5)If the suspension stops having effect under subsection (4)(a), the ombudsman is
entitled to be paid salary and allowances as the ombudsman and inspector of detention
services for the period of the suspension.
70 Acts Interpretation Act 1954
The Acts Interpretation Act 1954 , section 25 (1)(b)(i) to (iii) does not apply to the removal or suspension
of the ombudsman or the inspector of detention services.
Division 3 Resignation and vacation of office
71 Resignation
The ombudsman may, at any time, resign office as the ombudsman and the inspector of detention
services by signed writing, addressed to the Governor.
72 Vacation of office
The ombudsman is taken to resign office as the ombudsman and the inspector of detention services
on becoming a candidate for election to—
(a)the Parliament of another State or of the Commonwealth; or
(b)the office of the chairperson, the mayor, the president, a councillor or a member of a
local government; or
(c)an office in another State equivalent to an office mentioned in paragraph (b).
Note—
Under the Parliament of Queensland Act 2001 , section 67 (1) , the person holding office as
the ombudsman and the inspector of detention services must resign on being nominated
under the Electoral Act 1992 , section 84 , as a candidate for election.
The Ombudsman Act 2001 , part 8 provides for other matters relating to the
administration of the ombudsman office.
Part 8 Administration
Division 1 Establishment and control of office
ombudsman office means the Office of the Ombudsman established under the Ombu
dsman Act 2001 , section 73 .
73 Office of the Ombudsman
(1)An office called the Office of the Ombudsman is established.
(2)The ombudsman office consists of the ombudsman, the inspector of detention

services and the officers of the ombudsman.
(3)The functions of the ombudsman office are—
(a)to help the ombudsman perform the ombudsman’s functions under this
Act; and
(b)to help the inspector of detention services perform the inspector’s
functions under the Inspector of Detention Services Act 2022 .
74 Control of ombudsman office
(1)The ombudsman controls the ombudsman office.
(2)Subsection (1) applies subject to the Inspector of Detention Services Act 2022 , section 34 .
75 Officers not subject to outside direction
An officer of the ombudsman is not subject to direction by any person, other than from within the
ombudsman office, about—
(a)the way the ombudsman’s powers for investigations are to be exercised; or
(b)the priority given to investigations.
75A Ombudsman office not public sector entity
The ombudsman office is prescribed not to be a public sector entity for the Public Sector Act 2022 ,
section 8 (2)(s) .
75B Ombudsman office to comply with obligations relating to equity, diversity, respect and
inclusion
The ombudsman office is prescribed for the Public Sector Act 2022 , section 25 , definition prescribed
entity, paragraph (c).
75C Application of provisions of Public Sector Act 2022
(1)A regulation may—
(a)apply particular provisions of the Public Sector Act 2022 , including, for
example, particular directives made under the Public Sector Act 2022 , to the
ombudsman office, the ombudsman and officers of the ombudsman; and
(b)provide for the way in which the provisions mentioned in paragraph (a)
are to apply, including, for example, that they apply with or without change.
(2)Before recommending to the Governor in Council the making of a regulation under

subsection (1), the Minister must consult with the ombudsman about the proposed
regulation.
(3)If a regulation is made under subsection (1)—
(a)the Public Sector Act 2022 applies to the ombudsman office, the
ombudsman and officers of the ombudsman only to the extent provided for
under the regulation; and
(b)the Public Sector Act 2022 applies in the way mentioned in paragraph (a)
with necessary changes.
(4)Also, a regulation may prescribe anything necessary or convenient to be prescribed—
(a)to enable a regulation under subsection (1) to be made; or
(b)to carry out or give effect to a regulation made under subsection (1); or
(c)because of the making of a regulation under subsection (1), including, for

example, the portability of employment rights and entitlements.
Division 2 Staff of the office
76 Officers
(1)The ombudsman may employ the officers the ombudsman considers necessary for
staffing the ombudsman office.
(2)Officers are appointed under this Act and not the Public Sector Act 2022 .
(3)Subject to this Act, the Inspector of Detention Services Act 2022 and any relevant
industrial instrument within the meaning of the Industrial Relations Act 2016 , the
conditions of service of officers of the ombudsman are those decided by the Governor in
Council.
77 Secondment as officer of ombudsman
(1)A public service officer may be seconded to the ombudsman office.
(2)While seconded under this section—
(a)the person is taken to be an officer of the ombudsman; and
(b)the Public Sector Act 2022 does not apply to the person.
78 Temporary and casual employees
(1)The ombudsman may employ the temporary and casual employees whom—
(a)the ombudsman considers are necessary for this Act; and
(b)the ombudsman as the inspector of detention services considers are

necessary for the Inspector of Detention Services Act 2022 .
(2)The ombudsman may decide the terms of employment of an employee mentioned in

subsection (1).
(3)However, subsection (2) has effect subject to any relevant industrial instrument within
the meaning of the Industrial Relations Act 2016 .
(4)Employees of the ombudsman are employed under this Act and not the Public Sector
Act 2022 .
78A Restriction on employment or secondment of person
A person may not be employed under section 76 or 78, or seconded under section 77, unless the
person has given the ombudsman written consent to obtain the information mentioned in section 78B
(1)(a) and (b) in relation to the person’s criminal history.
78B Criminal history report
(1)To decide if a person is suitable to be employed under section 76 or 78, or seconded

under section 77, the ombudsman may ask the commissioner of the police service for—
(a)a written report about the criminal history of the person; and
(b)a brief description of the circumstances of a conviction mentioned in the

criminal history.
(2)However, the ombudsman may make the request only if the person has given the
ombudsman written consent for the request.
(3)The commissioner of the police service must comply with the request.
(4)However, the duty to comply applies only to information in the commissioner’s

possession or to which the commissioner has access.
(5)Before using information obtained under subsection (1) to decide if the person should
be employed or seconded, the ombudsman must—
(a)disclose the information to the person; and
(b)allow the person a reasonable opportunity to make representations to the

ombudsman about the information.
78C Confidentiality of criminal history information
(1)This section applies to a person who possesses criminal history information because
the person is or was the ombudsman, the inspector of detention services or an officer of
the ombudsman.
(2)The person must not, directly or indirectly, disclose the criminal history information
to another person unless the disclosure is permitted under subsection (3).
(3)The person may disclose the criminal history information to another person—
(a)to the extent necessary to perform the person’s functions under this Act
or the Inspector of Detention Services Act 2022 ; or
(b)if the disclosure is authorised under an Act; or
(c)if the disclosure is otherwise required or permitted by law; or
(d)if the person to whom the information relates consents to the disclosure;
or
(e)if the disclosure is in a form that does not identify the person to whom the
information relates; or
(f)if the information is, or has been, lawfully accessible to the public.
(4)The person must ensure the criminal history information is destroyed as soon as
practicable after it is no longer needed for the purpose for which it was requested.
criminal history information means a report or information given to the

ombudsman under section 78B.
Division 3 Preservation of rights
79 Preservation of rights if public service officer appointed
(1)A public service officer who is appointed, under this Act, to an office is entitled to
retain all existing and accruing rights as if service in that office were a continuation of
service as a public service officer.
(2)If the person stops holding the office for a reason other than misconduct, the person is
entitled to be employed as a public service officer.
(3)The person is to be employed on the classification level and remuneration that the
Public Sector Commissioner under the Public Sector Act 2022 or another entity prescribed
under a regulation considers the person would have attained in the ordinary course of
progression if the person had continued in employment as a public service officer.
80 Preservation of rights if person becomes public service officer
(1)On the appointment of a person holding office under this Act as a public service
officer, the person’s service in the ombudsman office must be regarded as service as a
public service officer.
(2)Subsection (1) does not apply to a person holding office as the ombudsman, inspector
of detention services, acting ombudsman or acting inspector of detention services if the
person is guilty of misconduct in the office.
81 Preservation of ombudsman’s rights if not previously public service officer
(1)This section applies to a person who stops holding office as the ombudsman and the
inspector of detention services, whether because of resignation or ending a term of
appointment, if the person was not a public service officer but held another office under
the State immediately before appointment as ombudsman.
(2)The person is entitled to be appointed to an office under the State with a classification
and remuneration corresponding with or higher than that of the office the person held
immediately before appointment as ombudsman and the person’s service as the
ombudsman and the inspector of detention services must be regarded as service in an
office under the State.
(3)Subsection (2) does not apply to the person if the person is guilty of misconduct in
office as the ombudsman or the inspector of detention services.
inspector of detention services includes the acting inspector of detention

services.
ombudsman includes the acting ombudsman.
82 Preservation of rights if public service officer seconded
(1)A public service officer seconded under section 77—
(a)is entitled to the person’s existing and accruing rights as if employment as

an officer of the ombudsman were a continuation of employment as a
public service officer; and
(b)may apply for positions, and be employed, in the public service as if the
person were a public service officer.
(2)On ending the secondment, the person’s employment on secondment as an officer of

the ombudsman is taken to be employment of the same nature in the public service for
working out the person’s rights as a public service officer.
(3)If the secondment ended for a reason other than misconduct, the person is entitled to
be employed as a public service officer.
(4)The person is entitled to be employed on the same, or a higher, classification level and
remuneration that the Public Sector Commissioner under the Public Sector Act 2022 or
another entity prescribed under a regulation considers the person would have attained
in the ordinary course of progression if the person had not been seconded.
Division 4 Strategic review
83 Strategic review of ombudsman office
(1)Strategic reviews of the ombudsman office are to be conducted under this division.
(2)A strategic review is to be conducted at least every 5 years, counting from when the
report (the earlier report ) for the most recent earlier strategic review was given to the
Minister and the ombudsman under section 85(4), up to when the reviewer is appointed
under subsection (4) to undertake the latest strategic review.
(3)However, if the parliamentary committee reported to the Assembly about the earlier
report, and the committee’s report made recommendations to which a Minister was
required to respond under the Parliament of Queensland Act 2001 , section 107 the 5 years
is counted from when the Minister’s response was tabled under that section.
(4)Each strategic review is to be undertaken by an appropriately qualified person ( review

er ), appointed by the Governor in Council, who is to give a report on the review.
(5)For subsection (4), a corporation is an appropriately qualified person if a director,
employee or other staff member of the corporation is appropriately qualified to
undertake the review.
(6)The terms of reference for a strategic review are to be decided by the Governor in
Council.
(7)Before a reviewer is appointed to conduct a strategic review, the Minister must consult
with the parliamentary committee and the ombudsman about—
(a)the appointment of the reviewer; and
(b)the terms of reference for the review.
(8)The remuneration and other terms of appointment of the reviewer are as decided by
the Governor in Council.
strategic review includes—
(a)a review of the ombudsman’s functions; and
(b)a review of the ombudsman’s performance of the functions to assess

whether they are being performed economically, effectively and efficiently.
84 Conduct of strategic review
In conducting a strategic review—
(a)the reviewer has the powers an authorised auditor has under the Auditor-General Act
2009 for an audit of an entity; and
(b)that Act and other Acts apply to the reviewer as if the reviewer were an authorised
auditor conducting an audit of an entity.
85 Report of strategic review
(1)The reviewer for a strategic review must give a copy of the proposed report on the
review to the Minister and the ombudsman.
(2)The ombudsman may, within 21 days after receiving the proposed report, give the
reviewer written comments on anything in the proposed report.
(3)If the ombudsman comments under subsection (2), the reviewer must—
(a)if the reviewer and ombudsman can agree about how to dispose of a
comment—incorporate into the report any agreed amendment necessary to
dispose of the comment; or
(b)if the reviewer and ombudsman can not agree about how to dispose of a
comment—include the comment, in full, in the report.
(4)After complying with subsections (1) and (3), the reviewer must give the report ( review
report ) to the Minister and the ombudsman.
(5)The review report must be the same as the proposed report given to them under
subsection (1), apart from the changes made under subsection (3).
(6)The Minister must table the review report in the Assembly within 3 sitting days after
the Minister receives the report.
(7)For the Parliament of Queensland Act 2001 , section 92 (2) the report is referred to the
parliamentary committee.
Division 5 Other matters
86 Delegation
(1)The ombudsman may delegate the ombudsman’s functions under this Act or the Hum
an Rights Act 2019 , section 66 to an appropriately qualified officer of the ombudsman.
functions includes powers.
Public Interest Disclosure Act 2010 (QLD) (01 March 2023)
87 Annual report
(1)For the application of the Financial Accountability Act 2009 , section 63 to the office, the
appropriate Minister is the Minister for the time being administering this section.
(2)When, under the Financial Accountability Act 2009 , section 63 , the ombudsman gives
the appropriate Minister a written report and a copy of the report to the Treasurer, the
ombudsman must also give a copy of the report to the Speaker and the parliamentary
committee.
(3)Subsections (1) and (2) do not limit any other provision of this Act under which the
ombudsman may make a report.
88 Estimates
(1)The ombudsman must prepare, for each financial year, estimates of proposed receipts
and expenditure relating to the ombudsman office.
(2)The ombudsman must give the estimates to the Minister responsible for the
administration of the Financial Accountability Act 2009 .
(3)The Minister mentioned in subsection (2) must consult with the parliamentary
committee in developing the proposed budget of the ombudsman office for each
financial year.
Part 9 Parliamentary committee
89 Functions
The parliamentary committee has the following functions under this Act—
(a)to monitor and review the performance by the ombudsman of the ombudsman’s
functions under this Act;
(b)to report to the Assembly on any matter concerning the ombudsman, the
ombudsman’s functions or the performance of the ombudsman’s functions that the
committee considers should be drawn to the Assembly’s attention;
(c)to examine each annual report tabled in the Assembly under this Act and, if
appropriate, to comment on any aspect of the report;
(d)to report to the Assembly any changes to the functions, structures and procedures of
the office of ombudsman the committee considers desirable for the more effective
operation of this Act;
(e)the other functions conferred on the parliamentary committee by this Act.
Part 10 Miscellaneous
90 Right to interpreter or other help
(1)This section applies if the ombudsman considers a person (the relevant person )
dealing with the ombudsman under this Act before or in an investigation is unable,
because of inadequate knowledge of the English language or, for another reason, to
understand English or speak English with reasonable fluency.
(2)The ombudsman must take all reasonable steps to ensure an interpreter or other
suitable person is available to help the relevant person and the ombudsman
communicate effectively.
91 Prohibiting publication of information
The ombudsman may, if the ombudsman considers it appropriate in a particular case, order that the
following must not be published—
(a)information given to the ombudsman, or the contents of a document produced to the

ombudsman, in performing a function under this Act;
(b)information, or the contents of a document, given to an agency or a person by the

ombudsman in performing a function under this Act.
Note—
See section 38(2) in relation to contempt of the ombudsman.
See also the Hospital and Health Boards Act 2011 , section 157A , the Mental Health Act
2016 , section 785A and the Ombudsman Act 2001 , section 91A .
91A Disclosure of information
(1)An officer of the ombudsman may disclose information obtained in the performance
of a function of the ombudsman, including information obtained by way of a complaint,
to an agency if—
(a)the ombudsman considers the agency has a proper interest in the

information for the performance of the agency’s functions; or
(b)the disclosure is for the purpose of protecting the health, safety or

security of a person or property.
(2)Subsection (1) does not apply to information that an officer of the ombudsman can not
make a record of, or wilfully disclose, under the Crime and Corruption Act 2001 , section 213
.
agency includes each of the following—
(a)an agency of the Commonwealth;
(b)the ombudsman under the Ombudsman Act 1976 (Cwlth);
(c)an ombudsman under the law of another State.
officer of the ombudsman includes the ombudsman.
92 Secrecy
(1)An officer of the ombudsman, an officer of an agency, or another person who obtains
information in a preliminary inquiry or an investigation or the performance of another
function of the ombudsman under this Act must not—
(a)disclose the information other than as a part of—
(i)the performance of the function; or
(ii)formulating a report about the performance of the function;

or
(iii)formulating a recommendation arising out of the

performance of the function; or
(iv)proceedings for an offence under this Act alleged to have

been committed in the performance of the function; or
(v)if the information does not disclose the identity of a person,

or information from which a person’s identity could be
deduced—
(A)providing information or other help to an
agency for the improvement of its administrative
practices and procedures; or
(B)undertaking research relevant to a function of

the ombudsman under this Act; or
(b)use the information to benefit any person.
(2)Subsection (1) does not apply to the disclosure of information under section 91A.
92A Protection in particular proceedings
(1)A person who is, or was, an officer of the ombudsman may not be called to give
evidence or produce a document in a proceeding in relation to a matter coming to the
person’s knowledge while performing functions under this Act.
(2)However, this section does not apply in relation to—
(a)a proceeding under section 17 or 39; or
(b)a proceeding for a relevant offence; or
(c)a proceeding against the ombudsman under the Judicial Review Act 1991 .
relevant offence means—
(a)an offence against this Act; or
(b)an offence against the Criminal Code, section 120, 123 or 126 to 130 , as
applied under section 44 of this Act.
Hoogendoorn v State of Queensland (14 April 2022) (Porter QC DCJ)
[55] A preliminary issue not raised at the hearing was whether any cause of action in
defamation could arise against Mr Cantwell at all. Section 93 of the Ombudsman Act 2001 provide
s:
Hoogendoorn v State of Queensland (14 April 2022) (Porter QC DCJ)
Kaldas v Barbour (24 October 2017) (Bathurst CJ, Basten and Macfarlan JJA)
58. Ombudsman Act 2001 (Qld) , s 93 .
93 Protection from liability
(1)An officer of the ombudsman does not incur civil liability for an act done, or omission
made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to an officer of the ombudsman, the
liability attaches instead to the State.
94 Regulation-making power
The Governor in Council may make regulations under this Act.
Part 11 Repeal and amendment

95 Repeal of Parliamentary Commissioner Act 1974
The Parliamentary Commissioner Act 1974 (1974 Act No. 19) is repealed.
Part 12 Transitional provisions
Division 1 Provisions for Act No. 73 of 2001
97 Definitions for pt 12
In this part—
parliamentary commissioner means the Parliamentary Commissioner for Administrative

Investigations under the repealed Act.
repealed Act means the repealed Parliamentary Commissioner Act 1974 .
98 Continuation of appointments
(1)On the commencement of this section, a person holding a position or office under the
repealed Act continues as the holder of the equivalent position or office under this Act.
(2)The person’s appointment to the position or office has continuing effect under this
Act.
(3)If the appointment was for a term—
(a)the appointment continues under this Act for the unexpired period of the
term; and
(b)for applying section 61(2) to the person who, immediately before the
commencement of this section, was, under the repealed Act, the
parliamentary commissioner, the term of appointment under that Act is
taken to be a term of appointment as ombudsman under this Act.
99 Continuation of actions
On the commencement of this section, anything started but not completed under the repealed Act
may be continued under this Act.
100 Investigation of certain administrative action
The ombudsman may perform functions under this Act in relation to administrative action taken
before the commencement of this section as if the action had been taken after the commencement.
101 Strategic review
A report of a strategic review under section 32 of the repealed Act is taken to be an earlier report of a
strategic review for section 83(2).
102 Parliamentary Commissioner Act 1974 references
A reference in any Act or document to the Parliamentary Commissioner Act 1974 may, if the context
permits, be read as a reference to this Act.
103 Parliamentary commissioner and other references
A reference in any Act or document to the parliamentary commissioner or acting parliamentary

commissioner may, if the context permits, be read as a reference to the ombudsman or acting
ombudsman.
Division 2 Provision for Integrity Reform (Miscellaneous Amendments) Act 2010
104 Declaration of interests
(1)This section applies to the person who, immediately before the commencement of this
section, was the ombudsman.
(2)The person must comply with section 63A(2) within 1 month after the commencement
of this section.
Working with Children (Risk Management and Screening) Act 2000 (QLD) (01 August 2023)
The Ombudsman Act 2001 , part 12, division 3 includes provision about particular
complaints made to the former commissioner under former chapter 4.
Division 3 Provisions for Child Protection Reform Amendment Act 2014
105 Definitions for div 3
In this division—
CCYPCG Act means the Commissioner for Children and Young People and Child Guardian Act
2000 as in force before the commencement.
commencement means the time of commencement of the provision in which the term
appears.
former commissioner means the Commissioner for Children and Young People and Child
Guardian under the CCYPCG Act before the commencement.
106 Complaints made to former commissioner
(1)This section applies in relation to a complaint made to the former commissioner

under the CCYPCG Act that, immediately before the commencement, had not been
finally dealt with under that Act.
(2)The ombudsman must deal with the complaint as if it had been made to the
ombudsman under this Act.
(3)Subsection (2) does not limit the way the ombudsman may deal with the complaint
under section 23.
107 Complaints made in former commissioner’s own name
(1)This section applies in relation to a complaint made by the former commissioner

under the CCYPCG Act, section 59 that, immediately before the commencement, had
not been finally dealt with under that Act.
(2)The ombudsman may investigate the matter of the complaint under section 18(1)(b).
108 Complaints documents
(1)This section applies in relation to a complaint to which section 106 or 107 applies.
(2)On the commencement, any documents and other information held by the former
commissioner relating to the complaint become documents and other information held
by the ombudsman under this Act.
109 Current requirements under CCYPCG Act, ch 4
(1)This section applies if the former commissioner made a requirement or request under
the CCYPCG Act, chapter 4 that, immediately before the commencement, had not been
complied with.
(2)On the commencement, the requirement or request lapses.
110 Delegation of power to make a report or recommendation
To remove any doubt, it is declared that, under section 86, the ombudsman may delegate the
ombudsman’s power to make a report or recommendation about a matter arising before the
commencement.
Division 4 Provision for Court and Civil Legislation Amendment Act 2017
111 Application of s 48
(1)Section 48, as inserted by the amendment Act, section 178, applies only in relation to
information given under an investigation requirement made on or after the
commencement.
(2)Section 48, as in force from time to time before the commencement, continues to
apply in relation to a document given under an investigation requirement made before
the commencement, as if the amendment Act, section 178 had not been enacted.
amendment Act means the Court and Civil Legislation Amendment Act 2017 .
Division 5 Provision for Inspector of Detention Services Act 2022
112 Application of s 59
Section 59 does not apply in relation to the appointment of the inspector of detention services that is
in effect on the commencement.
Division 6 Provision for Integrity and Other Legislation Amendment Act 2022
113 Period for next strategic review of ombudsman office
(1)The review period under section 83 as in force before the commencement continues to
apply in relation to the next strategic review of the ombudsman office under part 8, divisi
on 4 after the commencement.
review period means the period within which a strategic review of the
ombudsman office must be conducted under part 8, division 4.
officer of the ombudsman see the Ombudsman Act 2001 , schedule 3 .
Schedule 3 Dictionary
section 3
administrative action see section 7.
agency see section 8.
appropriate agency , for an investigation, means the agency by, in or for which the administrative
action the subject of investigation was taken.
Assembly means the Legislative Assembly.
complainant means a person who is a complainant under section 20.
complaint means a complaint made under section 20.
complaints entity means—
(a)an entity other than the ombudsman that, under an Act, has responsibility for the investigation or
review of matters that may include administrative actions of agencies; or
Examples of entities for paragraph (a)—
•the Crime and Corruption Commission
•the human rights commissioner under the Anti-Discrimination Act 1991
•the health ombudsman under the Health Ombudsman Act 2013
•the public guardian under the Public Guardian Act 2014
(b)the ombudsman under the Ombudsman Act 1976 (Cwlth); or
(c)an ombudsman under the law of another State.
conviction includes a plea of guilty, or a finding of guilt by a court, even though a conviction is not
recorded.
criminal history , of a person, means the person’s criminal history within the meaning of the Criminal
Law (Rehabilitation of Offenders) Act 1986 , and—
(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b)despite section 5 of that Act, includes a charge made against the person for an offence.
inspector of detention services means the inspector of detention services under the Inspector of
Detention Services Act 2022 .
investigation means investigation under this Act.
investigation requirement means a requirement made under section 28 or 29.
notice means written notice.
officer , of an agency, includes—
(a)the agency’s principal officer; and
(b)a member of the agency; and
(c)a member of the agency’s staff; and
(d)a person employed by or for the agency.
officer of the ombudsman means any of the following—
(a)an officer employed under section 76;
(b)a public service officer seconded to the ombudsman office under section 77;
(c)a temporary or casual employee under section 78.
ombudsman office , for part 8, division 1, means the Office of the Ombudsman.
operational action , for a police officer or an officer of the Crime and Corruption Commission, means
any action taken in or for performing functions the officer has under powers conferred on the officer
by any Act or law, including, for example, the following—
(a)enforcement powers;
(b)investigation, information gathering, search and questioning powers;
(c)arrest and custody powers;
(d)powers for preserving public order and safety;
(e)for a police officer, powers of a public official.
Example—
powers a police officer or an officer of the Crime and Corruption Commission has under the Police
Powers and Responsibilities Act 2000
parliamentary committee means—
(a)if the Legislative Assembly resolves that a particular committee of the Assembly is to be the
parliamentary committee under this Act—that committee; or
(b)if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a
portfolio committee includes the ombudsman—that committee; or
(c)otherwise—the portfolio committee whose portfolio area includes the department, or the part of a
department, in which this Act is administered.
parliamentary reference , of an administrative action of an agency, means a reference made under secti
on 19.
portfolio area see the Parliament of Queensland Act 2001 , schedule.
portfolio committee see the Parliament of Queensland Act 2001 , schedule.
preliminary inquiry means inquiries made under section 22(1).
principal officer means—
(a)for a department—the chief executive of the department; or
(b)for a local government—the chief executive officer, however named, of the local government; or
(c)for an agency for which a regulation declares the holder of an office to be the principal officer—
the holder of the office; or
(d)for another agency—
(i)if it is an incorporated body with no members—the person who manages the body’s
affairs; or
(ii)if it is a body (whether or not incorporated) constituted by 1 person—the person; or
(iii)if it is a body (whether or not incorporated) constituted by 2 or more persons—the

person who is entitled to preside at a meeting of the body at which the person is present.
public authority see section 9.
responsible Minister means—
(a)for a department—the Minister administering the department; or
(b)for a local government—the Minister administering the Local Government Act 2009 ; or
(d)for an entity that is a public authority under section 9(1)(a)—the Minister administering the Act by
or under which the public authority is established; or
(e)for an entity that is a public authority under section 9(1)(d)—the Minister administering the Act by
or under which the office mentioned in the provision is established; or
(f)for another agency—the Minister declared under a regulation to be the responsible Minister for
the agency.
standing rules and orders see the Parliament of Queensland Act 2001 , schedule.
strategic review means a strategic review conducted under section 83.
Cited by:
Corrective Services Act 2006 (QLD) [2006] QLDLegAct 29 (01 November 2023)
(4)The Ombudsman Act 2001 applies to an engaged service provider prescribed under a
regulation as if—
(a)the provider were an agency; and
(b)the holder of a specified office, prescribed under a regulation, of the

provider were the principal officer; and
(c)a person employed by the provider were an officer of an agency; and
(d)the Minister were the responsible Minister.
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023
(QLD) [2023] QLDLegAct 26 (19 October 2023)
This part amends the Ombudsman Act 2001 .
Education and Care Services National Law (Queensland) (QLD) [2013] QLDLegAct ecsnlq (01 October
2023)
(a)provide that the Ombudsman Act applies under subsection (1) as if a provision of
the Ombudsman Act specified in the regulations were omitted; or
2023)
(b)provide that the Ombudsman Act applies under subsection (1) as if an amendment
to the Ombudsman Act made by a law of the Commonwealth, and specified in the
regulations, had not taken effect; or
2023)
(b)provide that the Ombudsman Act applies under subsection (1) as if an amendment
to the Ombudsman Act made by a law of the Commonwealth, and specified in the
regulations, had not taken effect; or
2023)
(a)provide that the Ombudsman Act applies under subsection (1) as if a provision of
the Ombudsman Act specified in the regulations were omitted; or
2023)
(2)For the purposes of subsection (1), the Ombudsman Act applies—
(a)as if a reference to the Commonwealth Ombudsman were a reference

to the Education and Care Services Ombudsman; and
(b)with any other modifications made by the national regulations .
2023)
Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force
from time to time.
Education and Care Services National Law (Queensland) (QLD) [2013] QLDLegAct ecsnlq -
Human Rights Act 2019 (QLD) [2019] QLDLegAct 5 (20 September 2023)
(a)the ombudsman receives a complaint under the Ombudsman Act 2001 and the
ombudsman considers the complaint may also be a human rights complaint; or
Queensland Civil and Administrative Tribunal Act 2009 (QLD) [2009] QLDLegAct 23 (20 September
2023)
administrative action has the meaning given by the Ombudsman Act 2001 , section 7 .
2023)
(b)the complaints under the Ombudsman Act 2001 that the ombudsman should refer to
the tribunal because they—
(i)relate to decisions or other actions for which the tribunal has

jurisdiction; and
(ii)would be more appropriately dealt with by the tribunal under this Act;
or
Justice and Other Legislation Amendment Act 2023 (QLD) [2023] QLDLegAct 23 (20 September 2023)
This part amends the Ombudsman Act 2001 .
Public Guardian Act 2014 (QLD) [2014] QLDLegAct 26 (20 September 2023)
(d)the ombudsman under the Ombudsman Act 2001 .
Legal Profession Act 2007 (QLD) [2007] QLDLegAct 24 (20 September 2023)
(b)the Ombudsman Act 2001 ; and
2023)
(2)A person may apply to the tribunal to exercise its review jurisdiction for a
reviewable decision, and the tribunal may deal with the application, even if the
decision is also the subject of a complaint, preliminary inquiry or investigation under
the Ombudsman Act 2001 .
Water Supply (Safety and Reliability) Act 2008 (QLD) [2008] QLDLegAct 34 (20 September 2023)
(2) Sections 118 and 119 do not apply to a service provider that is an agency to which the
Ombudsman Act 2001 applies.
Public Guardian Act 2014 (QLD) [2014] QLDLegAct 26 (20 September 2023)
(4)The Ombudsman Act 2001 applies to an external contractor prescribed under a

regulation as if—
(a)the contractor were an agency; and
(b)the holder of a specified office, prescribed by regulation, of the

contractor were the chief executive officer of the contractor; and
(c)a person employed by the contractor were an officer of an agency; and
(d)the Minister were the responsible Minister.
2023)
(ii)would be more appropriately dealt with by the ombudsman under the Ombudsman
Act 2001 ; or
Human Rights Act 2019 (QLD) [2019] QLDLegAct 5 (20 September 2023)
(d)the Ombudsman Act 2001 .
2023)
(c)how to deal with an administrative action that is the subject of a complaint,
preliminary inquiry or investigation under the Ombudsman Act 2001 and an application
or referral under this Act; or
Human Rights Act 2019 (QLD) [2019] QLDLegAct 5 -

Human Rights Act 2019 (QLD) [2019] QLDLegAct 5 -
Public Sector Regulation 2023 (QLD) [2023] QLDLegSI 9 (01 September 2023)
16the ombudsman or an officer of the ombudsman under the Ombudsman Act 2001
Corrective Services Regulation 2017 (QLD) [2017] QLDLegSI 176 (01 September 2023)
(e)the ombudsman under the Ombudsman Act 2001 ;
Merlo v Queensland Law Society Inc [2023] QCAT 205 (02 August 2023) (Hon Peter Lyons KC, Judicial
Member)
(2) A person may apply to the tribunal to exercise its review jurisdiction for a reviewable decision,
and the tribunal may deal with the application, even if the decision is also the subject of a complaint,
preliminary inquiry or investigation under the Ombudsman Act 2001 .
Disability Services Act 2006 (QLD) [2006] QLDLegAct 12 (01 August 2023)
(a)the ombudsman under the Ombudsman Act 2001 ;
Working with Children (Risk Management and Screening) Act 2000 (QLD) [2000] QLDLegAct 60 (01
August 2023)
The Ombudsman Act 2001 , part 12, division 3 includes provision about particular
complaints made to the former commissioner under former chapter 4.
Housing Act 2003 (QLD) [2003] QLDLegAct 52 -

Inspector of Detention Services Act 2022 (QLD) [2022] QLDLegAct 18 (01 July 2023)
The ombudsman is appointed as the inspector of detention services under the Ombudsman Act 2001
, section 58 (2) for the term mentioned in section 61 of that Act.
Hospital and Health Boards Act 2011 (QLD) [2011] QLDLegAct 32 (01 July 2023)
(b)the Ombudsman Act 2001 ;
ombudsman office means the Office of the Ombudsman established under the Ombudsm
an Act 2001 , section 73 .
(c)the ombudsman under the Ombudsman Act 2001 ; or
See also the Hospital and Health Boards Act 2011 , section 157A , the Mental Health Act 2016
, section 785A and the Ombudsman Act 2001 , section 91A .
officer of the ombudsman see the Ombudsman Act 2001 , schedule 3 .
(b)the inspector may not delegate a function to an officer of the ombudsman to whom
the ombudsman has delegated a function under the Ombudsman Act 2001 .
(x)the Ombudsman Act 2001 ;
The Ombudsman Act 2001 , part 8 provides for other matters relating to the
administration of the ombudsman office.
The Ombudsman Act 2001 , part 7 provides for matters relating to the appointment of
the inspector.
Local Government Act 2009 (QLD) [2009] QLDLegAct 17 (28 June 2023)
(a)the Local Government Association of Queensland (Incorporated) ( LGAQ Inc. )

established under the 1993 Act stops being a public authority (however called) for the
purposes of an Act (including the Ombudsman Act 2001 and Public Records Act 2002 , for
example); and
Child Protection Act 1999 (QLD) [1999] QLDLegAct 10 (21 May 2023)
(d)to the ombudsman conducting an investigation under the Ombudsman Act 2001 ; or
Path to Treaty Act 2023 (QLD) [2023] QLDLegAct 12 -

Path to Treaty Act 2023 (QLD) [2023] QLDLegAct 12 -
Health Ombudsman Act 2013 (QLD) [2013] QLDLegAct 36 (15 May 2023)
(i)the ombudsman under the Ombudsman Act 2001 ;
Superannuation (State Public Sector) Amendment Notice 2023 (QLD) [2023] QLDLegSI 19 (17 March
2023)
•Ombudsman under the Ombudsman Act 2001 , entry for a non-casual employee
Queensland Competition Authority Act 1997 (QLD) [1997] QLDLegAct 25 (01 March 2023)
(e)an agency under the Ombudsman Act 2001 .
Terrorism (Preventative Detention) Act 2005 (QLD) [2005] QLDLegAct 73 (01 March 2023)
(3)The provisions of the Ombudsman Act 2001 relating to the functions and powers of
the ombudsman extend to the ombudsman’s functions and powers under this Act,
despite any reference in that Act to a function or power that is expressed as a function
or power under that Act.
Occupational Licensing National Law (Queensland) Act 2010 (QLD) [2010] QLDLegAct 49 (01 March
2023)
(e) Ombudsman Act 2001 , other than to the extent that functions are being exercised
under the Law by a State entity;
Acts Interpretation Act 1954 (QLD) [1954] QLDLegAct 3 (01 March 2023)
ombudsman means the ombudsman under the Ombudsman Act 2001 .
Family Responsibilities Commission Act 2008 (QLD) [2008] QLDLegAct 9 (01 March 2023)
The commission is not a tribunal for the purposes of the Ombudsman Act 2001 , section 16
(2)(a) .
Information Privacy Act 2009 (QLD) [2009] QLDLegAct 14 (01 March 2023)
administrative action has the meaning given by the Ombudsman Act 2001 , section 7 .
Public Sector Act 2022 (QLD) [2022] QLDLegAct 34 (01 March 2023)
(d)the Office of the Ombudsman established under the Ombudsman Act 2001 ;
(c)how to deal with an administrative action that is the subject of a complaint,

preliminary inquiry or investigation under the Ombudsman Act 2001 and a privacy
complaint under this chapter; or
(1)If the subject of a privacy complaint could be the subject of a complaint under the O
mbudsman Act 2001 , the information commissioner may refer the complaint to the
ombudsman.
Ministerial and Other Office Holder Staff Act 2010 (QLD) [2010] QLDLegAct 36 (01 March 2023)
For the Ombudsman Act 2001 , a staff member is taken to be an officer of the
department.
Gene Technology (Queensland) Act 2016 (QLD) [2016] QLDLegAct 54 (01 March 2023)
(d)the Ombudsman Act 2001 ;
Queensland Reconstruction Authority Act 2011 (QLD) [2011] QLDLegAct 1 (01 March 2023)
(d)under the Crime and Corruption Act 2001 or the Ombudsman Act 2001 ; or
Terrorism (Preventative Detention) Act 2005 (QLD) [2005] QLDLegAct 73 (01 March 2023)
(a)the ombudsman under the Ombudsman Act 2001 ; or
(b)the complaints under the Ombudsman Act 2001 that the ombudsman should refer to
the commissioner because they—
(i)relate to decisions or other actions for which the commissioner has

jurisdiction; and
(ii)would be more appropriately dealt with by the commissioner under
this chapter; or
Coroners Act 2003 (QLD) [2003] QLDLegAct 13 -

Workers’ Compensation and Rehabilitation Act 2003 (QLD) [2003] QLDLegAct 27 -
Information Privacy Act 2009 (QLD) [2009] QLDLegAct 14 -
Rural and Regional Adjustment Act 1994 (QLD) [1994] QLDLegAct 50 -
Public Sector Act 2022 (QLD) [2022] QLDLegAct 34 -
Public Interest Disclosure Act 2010 (QLD) [2010] QLDLegAct 38 -
Health Practitioner Regulation National Law Regulation 2018 (QLD) [2018] QLDLegSI 168 (30 January
2023)
The Ombudsman Act applies as if it were modified to provide that—
(a)it applies only in relation to—
(i)prescribed authorities; and
(ii)agency service providers; and
(b)the prescribed authorities are—
(i)(Repealed)
(ii)the National Agency; and
(iii)the Agency Board; and
(iv)each of the National Boards; and
(v)each accreditation authority; and
(vi)if the National Board appoints a person to conduct an

examination or assessment of an individual under sections 54
or 59 of the Law—the person; and
(vii)if the National Board appoints a person to conduct an

examination or assessment of an applicant for registration
under section 80(3)(a) of the Law—the person; and
(viii)a specialist medical college in relation to an approved

program of study provided by the college; and
(c)the following are not listed entities for the purposes of the Public
Governance, Performance and Accountability Act 2013 —
(i)the National Health Practitioner Ombudsman ;
(ii)a prescribed authority; and
(d)a reference in the Act to the principal officer of a prescribed authority is

a reference to—
(i)(Repealed)
(ii)for the National Agency, the chief executive officer of the

National Agency; and
(iii)for the Agency Board, the Chairperson of the Agency
Management Committee; and
(iv)for a National Board, the Chairperson of the National

Board; and
(v)for an accreditation committee—the Chairperson of the

committee; and
(vi)for an external accreditation entity—the chief executive

officer of the entity; and
(vii)for a prescribed authority specified in paragraph (b)(vi) or

(vii)—the chief executive officer of the authority; and
(viii)for a specialist medical college specified in paragraph (b)

(viii)—
(A)the chief executive officer of the college; or
(B)if there is no chief executive officer—the

president of the college.
Note.
As the Act applies only in relation to the National Agency, the Agency
Board, National Boards, accreditation authorities, entities appointed to
conduct certain examinations or assessments and specialist medical
colleges in certain circumstances, certain provisions of the Act, including,
for example, provisions providing for the Defence Force Ombudsman and
Postal Industry Ombudsman do not apply.
2023)
The Ombudsman Act applies as if it were modified—
(a)so that the provisions of the Act providing for the appointment of the
Ombudsman and the conditions of service of the Ombudsman (other than
the provisions providing for the appointment of an acting Ombudsman)
do not apply; and
(b)so that the provisions of the Act providing for the appointment of a
deputy Ombudsman do not apply; and
(c)so that the provisions of the Act relating to the removal and retirement
of the Ombudsman on the grounds of invalidity do not apply; and
(d)to provide that the National Health Practitioner Ombudsman is

appointed with the remuneration, and on the terms and conditions,
decided by the Ministerial Council; and
(e)so that the National Health Practitioner Ombudsman may—
(i)be suspended from office by the Ministerial Council
without the need for a statement of the grounds of the
suspension to be laid before a relevant Parliament ; and
(ii)be removed from office by the Ministerial Council on the

ground of misbehaviour or physical or mental incapacity
without the need for an address being presented to a relevant
Parliament ; and
(f)to provide that the National Health Practitioner Ombudsman may, for
the purposes of performing the Ombudsman’s functions or powers—
(i)employ staff in a way the Ombudsman considers

appropriate; and
(ii)engage contractors or consultants in a way the

Ombudsman considers appropriate; and
(iii)enter into arrangements with another entity relating to the

provision of staff or other resources by that entity to the
Ombudsman; and
(iv)delegate all or any of the functions or powers to any

person the Ombudsman considers appropriate.
2023)
The Ombudsman Act applies as if it were modified to provide that the National Health
Practitioner Ombudsman must—
(a)ensure the Ombudsman’s operations are carried out efficiently,

effectively and economically; and
(b)keep proper books and records in relation to the funds held by the
Ombudsman; and
(c)ensure expenditure is made from the funds held by the Ombudsman

only for lawful purposes and, as far as possible, reasonable value is
obtained for amounts expended from the funds; and
(d)ensure the Ombudsman’s procedures, including internal control

procedures, afford adequate safeguards with respect to—
(i)the correctness, regularity and propriety of payments made

from the funds held by the Ombudsman; and
(ii)receiving and accounting for payments made to the

Ombudsman; and
(iii)prevention of fraud or mistake; and
(e)take any action necessary to ensure the preparation of accurate

financial statements in accordance with Australian Accounting Standards
for inclusion in the annual report mentioned in section 29; and
(f)take any action necessary to facilitate the audit of the financial
statements; and
(g)arrange for any further audit by a qualified person of records kept by

the Ombudsman in relation to the funds held by the Ombudsman, if
directed to do so by the Ministerial Council.
2023)
For the purposes of section 235(2)(b) of the Law, this Part sets out modifications of the O
mbudsman Act as it applies as a law of a participating jurisdiction for the purposes of
the national registration and accreditation scheme.
2023)
The Regulations made under the Ombudsman Act , other than provisions providing
for witness expenses, do not apply.
2023)
The Ombudsman Act applies—
(a)as if it were modified so that provisions of the Act relating to the

Integrity Commissioner do not apply; and
(b)as if the requirement to give a report under the Public Governance,

Performance and Accountability Act 2013 , section 46 does not apply; and
(c)as if the requirement to observe confidentiality under the Act—
(i)applies to any person performing functions under the Act;

but
(ii)does not prevent a member of the Ministerial Council

making a record of, or divulging or communicating to another
member of the Ministerial Council, information acquired by
the member in performing functions under the Act; and
(d)with any other modifications that are necessary.
2023)
The Ombudsman Act applies as if—
(a)a reference to the Minister or the responsible Minister were a reference

to a member of the Ministerial Council nominated by that Council; and
(b)a reference to the Governor-General were a reference to the Ministerial

Council; and
(c)a reference to the Information Commissioner were a reference to the Na

tional Health Practitioner Privacy Commissioner ; and
(d)a reference to the Commonwealth or the Government of the
Commonwealth were a reference to a participating jurisdiction or the
Government of a participating jurisdiction; and
(e)a reference to the Prime Minister were a reference to a member of the

Ministerial Council nominated by that Council; and
(f)a reference to the Parliament were a reference to a relevant Parliament ;

and
(g)a reference to the Administrative Appeals Tribunal were a reference to

a relevant tribunal ; and
(h)a reference to the Federal Court were a reference to the Supreme

Court, or another court of competent jurisdiction, of a participating
jurisdiction; and
(i)a reference to any other office holder or body of the Commonwealth

were a reference to the equivalent office holder or body of a participating
jurisdiction; and
(j)a reference to a Commonwealth service provider were a reference to an

agency service provider; and
(k)a reference to an arrangement or communication between a

Commonwealth Minister and a Minister of a State or Territory included a
reference to an arrangement or communication between Ministers of
States and Territories.
2023)
Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force
from time to time.
2023)
(a)the National Health Practitioner Ombudsman must, within 3 months

after the end of each financial year, submit an annual report for the
financial year to the Ministerial Council; and
(b)the annual report must include—
(i)a financial statement for the period to which the report

relates that—
(A)has been prepared in accordance with

Australian Accounting Standards; and
(B)has been audited by the Auditor-General

(however described) of a State or Territory, or an
auditor employed, appointed or otherwise
engaged by an Auditor-General; and
(ii)a report about the performance of the Ombudsman’s
functions under the Act during the period to which the report
relates; and
(c)each member of the Ministerial Council must lay a copy of the annual
report before each House of the Parliament of the jurisdiction the
member represents.
Integrity and Other Legislation Amendment Act 2022 (QLD) [2022] QLDLegAct 33 -
Prostitution Regulation 2014 (QLD) [2014] QLDLegSI 192 (01 July 2022)
(c)the ombudsman under the Ombudsman Act 2001 .
Child Protection Reform and Other Legislation Amendment Act 2022 (QLD) [2022] QLDLegAct 7 -
Forsyth-Stewart v State of Queensland (Department of Education) [2022] ICQ 12 (29 April 2022)
7.5.15 If the employee who made the original complaint is

dissatisfied with a decision made following internal review, the
employee may seek an external review. Depending on the issues
raised in the complaint, the avenues for external review may
include:
• A public service appeal against a decision under

a directive or a fair treatment decision, under sections 19
4(1)(a) or 194(1)(eb) of the Public Service Act 2008 ; or
• Notification to the QIRC of an industrial dispute

under an industrial instrument, or
• An application to the QIRC in relation to an

alleged contravention of a workplace right under
Chapter 8, Part 1 of the Industrial Relations Act 2016 ; or
• An application to the QIRC for a stop bullying

order under Chapter 7, Part 4 of the Industrial Relations
Act 2016 ; or
• A complaint to the QIRC in relation to alleged

sexual harassment, racial vilification or religious
vilification under Chapter 7, Part 1 of the Anti-
• A complaint to the Queensland Ombudsman

under the Ombudsman Act 2001 .
- Note that under section 23 of the Ombudsman Act 2001 ,

the Ombudsman has a wide discretion to refuse to
investigate a complaint, for example, if the complainant
has a right of appeal or review they have not used or
where the complainant has used and exhausted
However, the issues raised in a particular complaint may mean that
the complaint is not eligible for external review under the above
legislation.
Employees seeking more information about their public service

appeal rights and the procedures to be followed when lodging a
public service appeal should refer to the QIRC Appeals Guide.
7.6 Complaints made to the commission chief executive

about the chief executive of an agency
7.6.1 An employee may make a complaint to the commission

chief executive about the chief executive of an agency. A complaint
must be made in writing and must state the action the employee
believes would resolve the complaint. …”
Ombudsman Act 2001
7.5.15 If the employee who made the original complaint is

dissatisfied with a decision made following internal review, the
employee may seek an external review. Depending on the issues
raised in the complaint, the avenues for external review may
include:
• A public service appeal against a decision under

a directive or a fair treatment decision, under sections 19
4(1)(a) or 194(1)(eb) of the Public Service Act 2008 ; or
• Notification to the QIRC of an industrial dispute

under an industrial instrument, or
• An application to the QIRC in relation to an

alleged contravention of a workplace right under
Chapter 8, Part 1 of the Industrial Relations Act 2016 ; or
• An application to the QIRC for a stop bullying

order under Chapter 7, Part 4 of the Industrial Relations
Act 2016 ; or
• A complaint to the QIRC in relation to alleged

sexual harassment, racial vilification or religious
vilification under Chapter 7, Part 1 of the Anti-
• A complaint to the Queensland Ombudsman

under the Ombudsman Act 2001 .
- Note that under section 23 of the Ombudsman Act 2001 ,

the Ombudsman has a wide discretion to refuse to
investigate a complaint, for example, if the complainant
has a right of appeal or review they have not used or
where the complainant has used and exhausted
However, the issues raised in a particular complaint may mean that

the complaint is not eligible for external review under the above
legislation.
Employees seeking more information about their public service

appeal rights and the procedures to be followed when lodging a
public service appeal should refer to the QIRC Appeals Guide.
7.6 Complaints made to the commission chief executive

about the chief executive of an agency
7.6.1 An employee may make a complaint to the commission

chief executive about the chief executive of an agency. A complaint
must be made in writing and must state the action the employee
believes would resolve the complaint. …”
28. The letter of 16 August 2021 says:
1. “an industrial dispute under an industrial instrument”, an allegation of

contravention of a workplace right or an application to stop bullying are all to be
made to the QIRC;
2. a complaint under the Ombudsman Act 2001 is to be made to the

Ombudsman;
3. a human rights complaint may be made to the Human Rights

Commission.
4. The Department’s Executive Director, Integrity and Employee Relations, Human Resources,
Mr McKellar, wrote to Mr Forsyth-Stewart advising of the outcome of his unsuccessful
internal review. Importantly to the current appeal, he said:
“Avenues of External Review
Should you be dissatisfied with my decision, because you believe it is unfair and
unreasonable, you may be able to refer your concern for External Review.
Avenues for External Review may include, but are not limited to:
• a public service appeal against a decision under a directive

or a fair treatment decision under section 194(l)(a) or 194(l)(eb) of the
Public Service Act 2008 (must be lodged within 21 days after the day
the appellant received notice of the decision appealed against);
• notification to the Queensland Industrial Relations

Commission (QIRC) of an industrial dispute under an industrial
instrument; or
• an application to the QIRC in relation to an alleged
contravention of a workplace right under Chapter 8, Part 1 of the Ind
ustrial Relations Act 2016 (IR Act); or
• an application to the QIRC for a stop bullying order under

Chapter 7, Part 4 of the IR Act; or
• a complaint to the Queensland Ombudsman under the Ombu

dsman Act 2001 (must be made within one year after the day the
complainant first had notice of the action); or
• a complaint to the Queensland Human Rights Commission

(QHRC) (must be made within one year after the date the alleged
discrimination occurred). …”
Dr Veronica Hampson [2022] FWC 935 (22 April 2022) (Simpson C)
7. The Employer submitted that they have responded to each complaint/concern raised by the
Applicant, and each complaint raised through the Ombudsman and the QIRC. After
receiving a response from the University, the Queensland Ombudsman determined that
further investigation was unjustifiable in accordance with the Ombudsman Act 2001 (Qld) .
Hoogendoorn v State of Queensland [2022] QDC 83 (14 April 2022) (Porter QC DCJ)
[56] There is no allegation that Mr Cantwell acted dishonesty nor that

he acted with negligence. The tentative tenor of his communication (“I
understand…”) suggests the contrary. In my view, the proper construction
of s. 93 is that it prevents any cause of action for civil liability for arising,
rather than providing a defence. On that construction, so long as an act is
done honestly and without negligence, no cause of action appears to arise
from Mr Cantwell’s email if it is an act done under the Act. It seems highly
likely that the sending of the email was an act done under the Ombudsma
n Act , given it was a comment made by Mr Cantwell apparently in the
course of his duties. However, as this issue was not raised at the hearing, I
will not consider this issue further.
Hoogendoorn v State of Queensland [2022] QDC 83 (14 April 2022) (Porter QC DCJ)
[55] A preliminary issue not raised at the hearing was whether any cause of action in
defamation could arise against Mr Cantwell at all. Section 93 of the Ombudsman Act 2001 provides:
Hoogendoorn v State of Queensland [2022] QDC 83 -

Margraf v State of Queensland (Department of Energy and Public Works) [2022] QIRC 118 (23 March
2022)
8. The purpose of Directive 11/20 individual employee grievances is to provide information on the
appeal rights of public service employees under the PS Act . Clause 6 relevantly provides
matters that can not be the subject of a grievance:
6.1 The following decisions, conduct or behaviour cannot be the subject of an individual
employee grievance under this directive:
(a) a decision by an agency under Chapter 5, Part 7 of the PS Act relating to

mental and physical incapacity
(b) a decision made under Chapter 6, Part 2 of the PS Act relating to discipline
decisions
(c) a decision relating to the recruitment or selection of a public service
employee
(d) a decision relating to a person’s work performance, other than a decision

about the person’s work performance that is recorded in a formal way as part of a
periodic performance review
(e) a decision relating to the resolution of a grievance under an industrial

instrument, other than a decision about the outcome of a grievance
(f) a decision relating to the development or performance management of a

chief executive or senior executive
(g) a work performance matter that is the subject of an existing review of a

procedural matter under section 88IA of the PS Act
(h) an investigation, suspension or discipline process that is the subject of a

current internal or external review under the PS Act and relevant directive
(i) conduct or behaviour of an employee, agent or contractor, or a decision by

an agency that is already the subject of an application, or which becomes the subject
of an application, by the same employee to the Queensland Industrial Relations
Commission (QIRC) in relation to an alleged contravention of a workplace right
under Chapter 8, Part 1 (General Protections) of the IR Act
(j) conduct or behaviour of an employee, agent or contractor that is already the

subject of a complaint, or which becomes the subject of a complaint, by the same
employee to the QIRC in relation to alleged sexual harassment, racial vilification,
religious vilification or vilification on the grounds of gender identity or sexuality
under the Anti-Discrimination Act 1991
(k) a decision by an agency that is the subject of an existing complaint by the

same employee to the Queensland Ombudsman under the Ombudsman Act 2001 whe
re the Ombudsman investigates the complaint.
6.2 Under the PS Act , an employee seeking to lodge a fair treatment appeal is generally required to
have used their agency individual employee grievance mechanism prior to lodging an appeal.
6.3 An employee may choose not to use their agency’s complaints mechanism where they are
seeking to appeal a finding by the chief executive under section 187 of the PS Act that a disciplinary
ground exists for an employee. Section 195(3A)(b) of the PS Act allows the employee aggrieved by
this decision to lodge a public service appeal in relation to the decision.
Public Service Regulation 2018 (QLD) [2018] QLDLegSI 124 (28 February 2022)
15the ombudsman or an officer of the ombudsman under the Ombudsman Act 2001
Forsyth-Stewart v State of Queensland (Department of Education) [2021] QIRC 395 (18 November 2021)
· a complaint to the Queensland Ombudsman under the Ombudsman Act 2001 (must be made within one year after the
day the complainant first had notice of the action); or
Panting v State of Queensland (Queensland Health) [2021] QIRC 276 (10 August 2021)
(vi) a complaint to the Queensland Ombudsman under the Ombudsman Act 2001 . Note that under section 23 of the Omb
udsman Act 2001 , the Ombudsman has a wide discretion to refuse to investigate a complaint, for example, if the
complainant has a right of appeal or review they have not used or where the complainant has used and exhausted another
type of review or appeal
Panting v State of Queensland (Queensland Health) [2021] QIRC 276 (10 August 2021)
(vi) a complaint to the Queensland Ombudsman under the Ombudsman Act 2001 . Note that under section 23 of the Omb
udsman Act 2001 , the Ombudsman has a wide discretion to refuse to investigate a complaint, for example, if the
complainant has a right of appeal or review they have not used or where the complainant has used and exhausted another
type of review or appeal
Local Government Association of Queensland v Queensland Services, Industrial Union of Employees

[2020] QIRC 68 (07 May 2020)
47. The words "directly affected" were further considered by Stanley J in City of Port Adelaide
Enfield v Bingham where his Honour wrote:
The context of that legislation differs from the Ombudsman Act . Legislation that is more closely
comparable to the Ombudsman Act was considered by the Ontario Supreme Court in Corporation of
the Canadian Civil Liberties Association v Ontario Civilian Commission on Police Service. That was a case
of judicial review of a decision of the Ontario Civilian Commission on Police Services in which the
Commission refused to deal with a complaint of police misconduct on the basis that the
complainant was not a person directly affected by the conduct in issue. The relevant provision of
the Police Services Act, RSO 1990 provided for complaints to the Commission about the conduct of a
police officer. The complaint could only be made if the complainant was directly affected by the
conduct. The Court cited with approval an earlier decision of the Alberta Court of Appeal which
had construed the expression 'directly affected', relying on the interpretation of the same
expression by Lord Hobhouse in Re Endowed Schools Act, that the term points to 'a personal and
individual interest as distinct from a general interest which appertains to the whole
community'. The Alberta Court of Appeal held that the words 'directly affected' must mean more
than 'affected' and that the inclusion of the adverb signalled a legislative intent to further
circumscribe a right of appeal. Nonetheless, that did not justify too restrictive an interpretation of
the expression, given the broad public purpose of the legislation which was meant to protect the
most vulnerable in society against the most powerful agents of the state. When considered in the
context of the regulatory scheme, the Court reasoned that the right of appeal was confined to
persons having a personal rather than a community interest in the matter. There had to be some
direct link between the complainant and the police conduct the subject of the complaint that
distinguished the complainant's interest from that of any other member of the community.
In my view, a similar approach to the construction of s 15(3a) should be adopted. Notwithstanding

the broad powers conferred on the defendant by the Ombudsman Act , there can be no doubt that
the legislative intention which underlies s 15(3a) is to restrict the power of the Ombudsman to
undertake investigations on the basis of complaints by members of the public. The expression
'directly affected' posits a causal relationship between the administrative act and its effect on the
complainant. Plainly the requirement for a causal relationship is established by the word
'affected'. The use of the adverb 'directly' indicates that a causal nexus is not necessarily sufficient
to come within the restriction imposed by s 15(3a). In this context it is a word of limitation. In my
view, 'directly' is used in contradistinction to 'indirectly'. A member of the general public may be
indirectly affected by an administrative act. Should that person bring a complaint to the
Ombudsman, that causal relationship would not satisfy the test in s 15(3a). The boundary between a
direct or indirect causal relationship for the purpose of s 15(3a) does not lend itself to precise
definition. Whether the nature of the causal relationship between the administrative act and its
effect on the complainant is found to be direct or indirect, will be a matter of fact and degree." [26] (
Citations omitted)

[2020] QIRC 68 (07 May 2020)

Citations omitted)

[2020] QIRC 68 (07 May 2020)

Citations omitted)
Personalised Transport Ombudsman Act 2019 (QLD) [2019] QLDLegAct 24 (09 March 2020)
(iv) an administrative action of an agency within the meaning of the Ombudsman Act
2001 ;
Body Corporate for Alto Gladstone v Queensland Building and Construction Commission & Anor
[2020] QCATA 6 (10 January 2020) (Howard SM)
(2) A person may apply to the tribunal to exercise its review jurisdiction for a reviewable decision, and the
tribunal may deal with the application, even if the decision is also the subject of a complaint, preliminary
inquiry or investigation under the Ombudsman Act 2001 .
Walters v Drummond [2019] QSC 97 (12 April 2019) (Applegarth J)
13. The applicant’s suspension clearly was based on the BDO Report. Incidentally, the Public
Service Act does do not use the term “maladministration”. This is a term that can be found in
the Ombudsman Act (which is irrelevant for present purposes) but which the BDO Report
chose to use.
Heavy Vehicle (General) National Regulation (NSW) (NSW) [2013] NSWLegSI 246a (01 July 2018)
In sections 169 and 170 , a reference to the ombudsman and the Ombudsman Act 2001 is taken to
include a reference to the corresponding entity and Act of a participating jurisdiction.
Heavy Vehicle (General) National Regulation (QLD) [2013] QLDLegSI 79 (01 July 2018)
(8)In sections 169 and 170 , a reference to the ombudsman and the Ombudsman Act 2001 i
s taken to include a reference to the corresponding entity and Act of a participating
jurisdiction.
Kaldas v Barbour [2017] NSWCA 275 (24 October 2017) (Bathurst CJ, Basten and Macfarlan JJA)
58. Ombudsman Act 2001 (Qld) , s 93 .
Legal Services Commissioner v Jensen [2017] QCAT 148 (22 May 2017) (Justice DG Thomas, President,
Assisted by:, Mr Ken Horsley, Legal panel member, Ms Patrice McKay, Lay panel member)
24. Section 487 is not unique to the Act. Legislation governing a regulatory agency that relies on
citizens’ reports to perform its duties is likely to contain some equivalent of section 487 . See
for example section 387(2) of the recently repealed Health Practitioners (Professional Standards)
Act 1999 (Qld) , section 203 of the Crime and Corruption Act 2001 (Qld) , section 88L of the Public
Service Act 2008 (Qld), section 197A of the Child Protection Act 1999 (Qld), section 237 (schedule)
of the Health Practitioner Regulation National Law Act 2009 (Qld) and section 45(3) of the Ombud
sman Act 2001 (Qld) . Against that background, an experienced practitioner would reasonably
be expected to check the LPA before making the allegations and demands contained in his
letter of 11 October 2013.
Health Practitioner Regulation National Law Regulation (QLD) [2010] QLDLegSI 0042-VIC (12 October
2016)
The Ombudsman Act applies—
(a)as if a reference to the Minister or the responsible Minister were a

reference to a member of the Ministerial Council nominated by that
Council; and
(b)as if a reference to the Governor-General were a reference to the

Ministerial Council; and
(c)as if a reference to the Parliament were a reference to the Parliaments of

the Commonwealth and each participating jurisdiction; and
(d)as if a reference to the Commonwealth or the Government of the
Commonwealth were a reference to a participating jurisdiction or the
Government of a participating jurisdiction; and
(e)as if a reference to the Prime Minister were a reference to a member of

the Ministerial Council nominated by that Council; and
(f)as if a reference to the Administrative Appeals Tribunal were a

reference to a relevant tribunal; and
(g)as if a reference to the Federal Court were a reference to the Supreme

Court, or another court of competent jurisdiction, of a participating
jurisdiction; and
(h)as if a reference to the Privacy Commissioner were a reference to the

National Health Practitioners Privacy Commissioner; and
(i)as if it were modified so that provisions relating to the Integrity

Commissioner did not apply; and
(j)as if a reference to a Commonwealth service provider were a reference

to a person who provides goods or services under a contract with the
(k)as if a reference to any other Commonwealth office holder or body

were a reference to the equivalent office holder or body of a participating
jurisdiction; and
(l)as if a reference to an arrangement or communication between a

Commonwealth Minister and a Minister of a State included a reference to
an arrangement or communication between Ministers of States; and
(m)as if the requirement to observe confidentiality under the Act—
(i)applies to any person performing functions under the Act;

but
(ii)does not prevent a member of the Ministerial Council

making a record of, or divulging or communicating to another
member of the Ministerial Council, information acquired by
the member in performing functions under the Act; and
(n)with any other modifications that are necessary.
2016)
For the purposes of clause 25(f), a reference in the Ombudsman Act to a relevant
tribunal is taken to be a reference to any of the following—
(a)the ACT Civil and Administrative Tribunal established under the ACT
Civil and Administrative Tribunal Act 2008 of the ACT;
(b)the Administrative Decisions Tribunal of New South Wales established

under the Administrative Decisions Tribunal Act 1997 of New South Wales;
(c)the Administrative and Disciplinary Division of the District Court of
South Australia established under the District Court Act 1991 of South
Australia;
(d)the Local Court established under the Local Court Act of the Northern
Territory;
(e)the Magistrates Court (Administrative Appeals Division) established

under the Magistrates Court (Administrative Appeals Division) Act 2001 of
Tasmania;
(f)the Queensland Civil and Administrative Tribunal established under

the Queensland Civil and Administrative Tribunal Act 2009 of Queensland;
(g)the State Administrative Tribunal established under the State

Administrative Tribunal Act 2004 of Western Australia;
(h)the Victorian Civil and Administrative Tribunal established under the V

ictorian Civil and Administrative Tribunal Act 1998 of Victoria.
2016)
For the purposes of section 235(2) of the Law, this Part sets out modifications of the Om
budsman Act as it applies as a law of a participating jurisdiction for the purposes of the
national registration and accreditation scheme.
2016)
The Ombudsman Act applies as if it were modified to provide—
(a)the National Health Practitioners Ombudsman is required to submit,

within 3 months after the end of each financial year, an annual report for
the financial year to the Ministerial Council; and
(b)the National Health Practitioners Ombudsman is required to include in

the annual report a financial statement for the period to which the report
relates that—
(i)has been prepared in accordance with Australian

Accounting Standards; and
(ii)has been audited by the Auditor-General (however

described) of a State or Territory, or an auditor employed,
appointed or otherwise engaged by an Auditor-General; and
(c)the National Health Practitioners Ombudsman is required to include in

the annual report a report about the performance of the Ombudsman’s
functions under the Ombudsman Act during the period to which the
report relates; and
(d)the requirement to lay a copy of the report before each House of the
Parliament is a requirement for each member of the Ministerial Council
to cause a copy of the report to be laid before each House of the
Parliament of the jurisdiction the member represents.
2016)
The Regulations made under the Ombudsman Act , other than provisions providing
for witness expenses, do not apply.
2016)
The Ombudsman Act applies as if the amendments made to it by the Freedom of

Information Amendment (Reform) Act 2010 of the Commonwealth had not taken effect.
2016)
(a)it applies only in relation to prescribed authorities; and
(b)the prescribed authorities are—
(i)the Advisory Council; and
(ii)the National Agency; and
(iii)the Agency Management Committee; and
(iv)each of the National Boards; and
(c)a reference in the Act to the principal officer of a prescribed authority is

a reference to—
(i)for the Advisory Council, the Chairperson of the Council;

and
(ii)for the National Agency, the chief executive officer of the

(iii)for the Agency Management Committee, the Chairperson

of the Committee; and
(iv)for a National Board, the Chairperson of the National

Board.
Note.
As the Ombudsman Act applies only in relation to the Advisory Council,

the National Agency, the Agency Management Committee and the
National Boards, certain provisions of the Act, including, for example,
provisions providing for the Defence Force Ombudsman and Postal
Industry Ombudsman do not apply.
2016)
The Ombudsman Act applies as if it were modified—
(a)so that the provisions of the Act providing for the appointment of the
Ombudsman and the conditions of service of the Ombudsman (other than
the provisions providing for the resignation, retirement, suspension or
removal of the Ombudsman and the appointment of an acting
Ombudsman) do not apply; and
(b)to provide that a reference to the National Health Practitioners

Ombudsman is taken to be a reference to the person appointed to that
office by the Ministerial Council with the remuneration, and on the terms
and conditions, decided by the Council; and
(c)so that the National Health Practitioners Ombudsman may be—
(i)suspended from office by the Ministerial Council without

the need for a statement of the grounds of the suspension to
be laid before a House of Parliament; and
(ii)removed from office by the Ministerial Council on the

ground of misbehaviour or physical or mental incapacity
without the need for an address being presented to a House of
Parliament; and
(d)so that the provisions of the Act providing for the Deputy Ombudsmen
and other staff of the Ombudsman do not apply; and
(e)to provide that the National Health Practitioners Ombudsman may, for
the purposes of performing the Ombudsman’s functions—
(i)employ staff; and
(ii)engage contractors or consultants; and
(iii)enter into arrangements with another entity relating to the

provision of staff or other resources by that entity to the
Ombudsman.
Health Practitioner Regulation National Law Regulation (QLD) [2010] QLDLegSI 0042-VIC -
Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland v Ipswich City
Council [2015] QIRC 100 (27 May 2015) (Deputy President O'Connor)
23. The Commission was also referred to the decision in City of Port Adelaide Enfield v Bingham [15]
. In dealing with the interpretation to be place on the words "directly affected" Stanley J
wrote:
"32 The context of that legislation differs from the Ombudsman Act . Legisl
ation that is more closely comparable to the Ombudsman Act was
considered by the Ontario Supreme Court in Corporation of the Canadian
Civil Liberties Association v Ontario Civilian Commission on Police Service. Tha
t was a case of judicial review of a decision of the Ontario Civilian
Commission on Police Services in which the Commission refused to deal
with a complaint of police misconduct on the basis that the complainant
was not a person directly affected by the conduct in issue. The relevant
provision of the Police Services Act, RSO 1990 provided for complaints to
the Commission about the conduct of a police officer. The complaint
could only be made if the complainant was directly affected by the
conduct. The Court cited with approval an earlier decision of the Alberta
Court of Appeal which had construed the expression 'directly affected',
relying on the interpretation of the same expression by Lord Hobhouse in
Re Endowed Schools Act, that the term points to 'a personal and individual
interest as distinct from a general interest which appertains to the whole
community'. The Alberta Court of Appeal held that the words 'directly
affected' must mean more than 'affected' and that the inclusion of the
adverb signalled a legislative intent to further circumscribe a right of
appeal. Nonetheless, that did not justify too restrictive an interpretation
of the expression, given the broad public purpose of the legislation which
was meant to protect the most vulnerable in society against the most
powerful agents of the state. When considered in the context of the
regulatory scheme, the Court reasoned that the right of appeal was
confined to persons having a personal rather than a community interest in
the matter. There had to be some direct link between the complainant
and the police conduct the subject of the complaint that distinguished the
complainant's interest from that of any other member of the community.
33 In my view, a similar approach to the construction of s 15(3a) should

be adopted. Notwithstanding the broad powers conferred on the
defendant by the Ombudsman Act , there can be no doubt that the
legislative intention which underlies s 15(3a) is to restrict the power of the
Ombudsman to undertake investigations on the basis of complaints by
members of the public. The expression 'directly affected' posits a causal
relationship between the administrative act and its effect on the
complainant. Plainly the requirement for a causal relationship is
established by the word 'affected'. The use of the adverb 'directly'
indicates that a causal nexus is not necessarily sufficient to come within
the restriction imposed by s 15(3a). In this context it is a word of
limitation. In my view, 'directly' is used in contradistinction to
'indirectly'. A member of the general public may be indirectly affected by
an administrative act. Should that person bring a complaint to the
Ombudsman, that causal relationship would not satisfy the test in s 15
(3a). The boundary between a direct or indirect causal relationship for the
purpose of s 15(3a) does not lend itself to precise definition. Whether the
nature of the causal relationship between the administrative act and its
effect on the complainant is found to be direct or indirect, will be a matter
of fact and degree." [16] (Citations omitted)
wrote:

wrote:

Wotton v State of Queensland & Anor [2011] HCATrans 189 (02 August 2011) (French CJ; Gummow,
Hayne, Heydon, Crennan, Kiefel and Bell JJ)
I am told, your Honour, in response to your Honour Justice Gummow’s earlier question,
“ombudsman” is defined in section 36 of the Acts Interpretation Act to mean the ombudsman under
the Ombudsman Act 2001 (Qld) .
Patel v Minister for Immigration and Citizenship [2011] FMCA 112 -
Pollock v Queensland Police Service Weapons Licensing Branch [2010] QCAT 77 (16 March 2010)
(2) A person may apply to the Tribunal to exercise its review jurisdiction for a reviewable decision, and the
Tribunal may deal with the application, even if the decision is also the subject of a complaint, preliminary
enquiry or investigation under the Ombudsman Act 2001 .”
Queensland Power Trading Corporation T/a Enertrade and Australian Securities and Investments
Commission [2005] AATA 945 (28 September 2005) (B J McCabe SM)
96. ASIC says the alternative regime in this case is inadequate. It points out the
regulatory regime applicable to GOCs in Queensland was designed with different
objectives to those set out in s 760A of the Corporations Act . The respondent argued
in paragraph 49 of its statement of facts and contentions:
…whilst the GOC Act , Financial Administration and Audit Act 1977 (Qld) , the Crime
and Misconduct Act 2001 (Qld) , the Ombudsman Act 2001 (Qld) and other relevant
legislation address issues such as fraud and risk, the focus of the Applicant’s current
legislative regime is on accountability to the Queensland Government and Parliament
as a GOC.
Queensland Power Trading Corporation T/a Enertrade and Australian Securities and Investments
Commission [2005] AATA 945 (28 September 2005) (B J McCabe SM)
105. The applicant also referred to the role of the Ombudsman in the regulatory
regime. Section 5 of the Ombudsman Act 2001 (Qld) says:
The objects of this Act are--
(a) to give people a timely, effective, independent and just way of having
administrative actions of agencies investigated; and
(b) to improve the quality of decision-making and administrative practice in agencies.

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Ombudsman Act 2001 (Qld)

Ombudsman Act 2001

This Act may be cited as the Ombudsman Act 2001 .

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 3 defines terms used in this Act.

A note in the text of this Act is part of the Act.

Following paragraph cited by:

The objects of this Act are--

(a) to give people a timely, effective, independent and just way

(b) to improve the quality of decision-making and

The objects of this Act are—

(b)to improve the quality of decision-making and administrative practices

6 How objects are to be achieved

The objects of this Act are to be achieved by—

(a)requiring an ombudsman to be appointed; and

(b)authorising the ombudsman—

(i)to investigate administrative actions of agencies; and

(ii)to make recommendations to agencies, generally or in

(iii)to provide advice, training, information or other help to

Division 2 Key concepts

Following paragraph cited by:

administrative action has the meaning given by the Ombudsman Act

Information Privacy Act 2009 (QLD) (01 March 2023)

administrative action has the meaning given by the Ombudsman Act

7 Meaning of administrative action

(1)An administrative action is any action about a matter of administration,

(a)a decision and an act; and

(c)the formulation of a proposal or intention; and

(d)the making of a recommendation, including a

(e)an action taken because of a recommendation made to a

(2)However, an operational action of a police officer or an officer of the

(1)An agency is any of the following entities—

(b)a local government;

(c)a public authority.

(2)An agency is taken to include an entity, other than an incorporated entity

(a)an office the duties of which are performed as duties of

(b)an office of member of an agency; or

(c)an office established under an Act for the purposes of an

9 Meaning of public authority

(1)A public authority is any of the following entities—

(a)an entity, other than an individual, that is—

(i)established for a public purpose under an Act; or

(b)an entity created by the Governor in Council or a Minister;

(c)an entity, other than an individual, declared under a

(i)supported directly or indirectly by government

(ii)established under an Act;

(d)an individual holding an office established under an Act;

(e)an individual holding an appointment—

(i)made by the Governor in Council or a Minister,

(ii)declared under a regulation to be a public

(2)However, none of the following is a public authority —

(a)a department or part of a department;

(b)a local government or part of a local government;

(c)a court, or the holder of a judicial office connected with a

(d)a registry or other office of a court, or the staff of a registry

The entities mentioned in subsection (2)(a) and (b)

10 What is included in meaning of administrative action of agency