Governing Legislation

The Ombudsman is empowered by the following legislation (available in full from the Victorian Legislation and Parliamentary Documents website).

Table summary of the Ombudsman's empowering legislation
Act Responsible Minister Effect
Ombudsman Act 1973 Premier Provides for the appointment of an Ombudsman and details the Ombudsman's role and functions in relation to the investigation of complaints.
Protected Disclosure Act 2012 Minister for IBAC Empowers the Ombudsman to receive and refer disclosures of improper conduct or detrimental action by public bodies and public officers.
Charter of Human Rights and Responsibilities Act 2006 Attorney-General Amended the Ombudsman Act.  Power to investigate whether any administrative action is incompatible with the human rights set out in the Charter.  Jurisdiction includes Ministers and municipal councillors.
Accident Compensation Act 1985 Assistant Treasurer

Empowers the Ombudsman to investigate:

  • authorised agents of the Victorian WorkCover Authority
  • self-insurers
  • delegates of the Victorian WorkCover Authority.
Children, Youth and Families Act 2005

Minister for Community Services

and

Attorney-General

Empowers the Ombudsman to investigate:

  • a range of registered community services whose function is to support children, youth and families
  • certain authorised persons
  • authorised assessors
  • authorised investigators
Corrections Act 1986 Minister for Corrections Empowers the Ombudsman to investigate the actions of contractors manaing prisons or police gaols.
Disability Act 2006 Minister for Community Services Enables the Community Visitors Board to refer certain matters to the Ombudsman to be dealt with.
Privacy and Data Protection Act 2014 Attorney-General Enables the Information Privacy Commissioner to refer certain matters to the Ombudsman to be dealt with.
Terrorism (Community Protection) Act 2003 Attorney-General Requires that the Ombudsman be notified in relation to preventative detention orders and prohibited contact orders, and allows the Ombudsman to make representations in relation to prisoners held under those orders.
Transport (Compliance and Miscellaneous) Act 1983 Minister for Public Transport Empowers the Ombudsman to investigate the actions of authorised officers (ticket inspectors) in exercising statutory duties in the detection of offences. Enables the Ombudsman to investigate the actions of relevant Transport Safety Officers in relation to compliance and enforcement functions and safety audits.
Court Security Act 1980 Attorney-General Empowers the Ombudsman to investigate complaints regarding the actions of a contractor in its capacity as a provider of court security. 
Plant Health and Plant Products Act 1995 Minister for Agriculture and Food Security Empowers the Ombudsman to investigate the approved inspection service in its capacity of a provider of services in accordance with an agreement under section 51B.
Health Services Act 1988 Minister for Health Empowers the Ombudsman to investigate the actions of a contractor or a sub-contractor, in its capacity as a provider of health services, to public hospital patients at the hospital in accordance with an agreement under section 69B(1).
Magistrates' Court Act 1989 Attorney-General Empowers the Ombudsman to investigate complaints regarding the actions of a contractor or a sub-contractor in its capacity as a provider of services under an agreement under section 24B(1) or a sub-contract agreement under the Act.
Public Health and Wellbeing Act 2008 Minister for Health Empowers the Ombudsman to investigate complaints regarding the actions of authorised officers under the Act.
Melbourne City Link Act 1995 Minister for Roads

Empowers the Ombudsman to receive restricted tolling information in order to fulfil his functions in respect to the disclosure and use of restricted tolling information by members of Victoria Police.
Independent Broad-based Anti-corruption Commission Act 2011 Minister for IBAC Empowers the Ombudsman to receive referrals from the Independent Broad-based Anti-corruption Commission for investigation under the Ombudsman Act.
Victorian Inspectorate Act 2011 Minister for IBAC Establishes the Victorian Inspectorate to provide oversight of the Victorian Ombudsman, including the ability to to take complaints about the Ombudsman and her staff members and review the use of the Ombudsman's coercive powers.