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Commonwealth Ombudsman

Who watches the Ombudsman?

On the text of the Ombudsman Act 1976:

On the text of the Ombudsman Act 1976:

  • There is no parliamentary committee with the job of overseeing the Ombudsman.
  • There is no clause requiring the Act, or the Office, to be reviewed.
  • There is no objects clause saying what the Ombudsman's main jurisdiction is for.
  • A person whose complaint is declined has no right of appeal under the Act. They are owed the decision and the reasons.
  • The Ombudsman is appointed by the Governor-General for up to seven years. The Act sets no selection criteria.

The Office appears at Senate estimates and is subject to audit. One Auditor-General performance audit of its complaint handling was found, from 2021-22.

In practice, the main check on the Ombudsman's use of its discretion is the Ombudsman's own annual report.

Sources: Ombudsman Act 1976 (Cth) ss 12, 21, 22; Auditor-General Report No. 41 2021-22.