Ombudsman Act Update – effective from Dec 2017

Towards the end of last year, the Ombudsman sought an amendment to Part 3A of the Ombudsman Act, to allow the head of an agency to delegate any of its functions to an appropriate officer of the agency. Part 3A defines the ‘Head of Agency’ as the chief executive officer or other principal officer of the agency. (In an OOSH service this could be Director, Co-ordinator) The Act was amended and the following section was added:

25JA   Head of agency may delegate functions

The head of an agency may delegate any of the functions of the head of agency under this Part to a person employed in the agency.

A head of agency has the following responsibilities under this act…..

  • Ensure systems are in place for recording and responding to allegations or convictions of a child protection nature against employees.
  • Make sure all employees to inform the head of agency (or delegate) of any allegation or conviction of a child protection
  • Notify the Ombudsman of reportable allegations or convictions made against an employee of the agency, what action it intends to take and for what reason.
  • Provide to the Ombudsman on request, documentary and other information (including records of interviews) with respect to an investigation being undertaken.
  • Forward to the Ombudsman the results of an investigation, including copies of reports, evidence gathered and considered, the findings reached and action being taken or proposed to be taken as a result of an investigate

The changes came into effect on 7 December 2017.

Please feel free to contact the ERCPD Inquiries Line on (02) 9286 1021 line if you have any questions.