Legislation

This section of our website is linked to the Australasian Information Institute (Austlii), website address: www.austlii.edu.au. The Austlii website contains an up-to-date index of Australian legislation.

Clicking on any of the links to information contained in Austlii will open a new browser window with information from the Austlii web site. To return to our website, minimise or close the new browser window when you have finished viewing the information contained in the Austlii web site.

The Ombudsman's Functions

Our work is guided by NSW legislation. Our roles are briefly described below.

Administrative review

• We deal with complaints about the conduct of NSW government agencies, including departments, statutory authorities, councils, public officials and employees (Ombudsman Act 1974).
• We make regular visits to and inspections of gaols and juvenile justice institutions as well as receiving and dealing with complaints from prisoners and detainees.
• Definition of Maladministration or "wrong conduct" under the Ombudsman Act 1974.

Legislative review

• We oversight and review operation of certain legislation that gives further powers to police and others. NSW Parliament determines which new powers the Ombudsman will review, and the length of the review. To find out more our legislative review function and various legislative review projects, please click here.

Police

• We oversee police investigation of complaints about police, which includes direct investigation of such conduct where this is considered necessary and appropriate (Police Act 1990).

Community services

• We deal with complaints about organisations and individuals who provide community services (Community Services (Complaints, Reviews and Monitoring) Act 1993).

Freedom of Information

• We review complaints by FOI applicants concerning decisions about their applications (Freedom of Information Act 1989).

Protected disclosure

• We deal with protected disclosures and provide advice to potential whistleblowers and public officials charged with dealing with disclosures (Protected Disclosures Act 1994).

Witness protection

• We determine appeals against decisions made by the Commissioner of Police in relation to inclusions in or removals from the witness protection program (Witness Protection Act 1995).

Telecommunications interception

• We audit the records of agencies authorised to intercept telephone communications (Telecommunications (Interception) (NSW) Act 1987).

Controlled operations

• We audit the records of agencies authorised to conduct controlled operations (Law Enforcement (Controlled Operations) Act 1997).

Child protection

• We oversee and monitor the investigation of and management response to child abuse allegations and convictions against employees of certain government and non government agencies (Ombudsman Act 1974, Part 3A).