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Schedule 2—Ombudsman

Schedule 2 Ombudsman

   

Ombudsman Act 1976

1  Subsection 3(1)

Insert:

Commonwealth litigant has the meaning given by section 2 of the Judiciary Act 1903 .

model litigant obligations has the meaning given by section 2 of the Judiciary Act 1903 .

2  After section 5A

Insert:

5B   Model litigant functions of the Ombudsman

             (1)  For the purposes of this Act, legal work performed by or for a Commonwealth litigant is, to the extent that it relates to compliance with the model litigant obligations, taken to be action that relates to a matter of administration.

             (2)  For the purposes of the application of this Act to the action:

                     (a)  if, apart from this paragraph, the Commonwealth litigant is not:

                              (i)  a Department; or

                             (ii)  a prescribed authority; or

                            (iii)  a person or body whose action is deemed (other than under paragraph (b)) to have been taken by a Department or prescribed authority;

                            the Commonwealth litigant is taken to be a prescribed authority; and

                     (b)  the action is to be treated as if it were action taken by:

                              (i)  if the Commonwealth litigant is a Department or a prescribed authority (including as a result of paragraph (a))—the Commonwealth litigant; or

                             (ii)  if the Commonwealth litigant is a person or body whose action is deemed (other than under this paragraph) to have been taken by a Department or prescribed authority—the Department or prescribed authority; and

                     (c)  the action is taken not to relate to a commercial activity of the Commonwealth litigant; and

                     (d)  the action is taken not to be tax administration action (within the meaning of subsection 6D(1)).

             (3)  The annual report prepared by the Ombudsman and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details of:

                     (a)  complaints made to the Ombudsman in the period in relation to compliance with the model litigant obligations; and

                     (b)  action taken by the Ombudsman, Departments and prescribed authorities in relation to the complaints.

             (4)  This section does not limit or otherwise affect any other power, function or duty of the Ombudsman.

3  Application

The amendments made by this Schedule apply in relation to legal work performed after the commencement of this item.