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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Thursday, 24 June 2004) . . Page.. 2627 ..

The facility to make a complaint to the Ombudsman is a very cheap and efficacious means for the ordinary citizen to seek review of some administrative action. The Ombudsman may only make a recommendation to the relevant administrator to take action to give redress to a complainant, but it is rare for this recommendation to be rejected.

Mr Wood, are you saying—you may need to speak again; this is the problem when we get these things so late—that this amendment does not stop people using the ombudsman in cases where they could go to a tribunal? You are saying that the ombudsman cannot review something that has already been looked at by a tribunal?

Mr Wood: It is not going to duplicate what another tribunal is doing.

MS TUCKER: Okay. So, as I understand it, at the moment there is a choice—someone can go to the ombudsman or they can go to a tribunal?

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, and Minister for Arts and Heritage) (12.00): As I understand it, there was an element of confusion in the existing legislation and this amendment simply clears up and makes crystal clear what has always applied. That is what it is about. It is not about cutting any powers that have previously existed. It is just making quite clear in legislation what applies.

I repeat: it is what the ombudsman sought. The ombudsman is not looking to diminish his or her responsibilities. It will not stop the ombudsman from doing their job—it simply will not. You will see from the further advice that I have received that the ombudsman can still review the administrative processes of tribunals. There is still a choice—I think that is your key point—for the consumer.

Clause 34 agreed to.

Clause 35.

MR STEFANIAK (12.01): Mr Deputy Speaker, I hear what the minister says and I have had a look at this clause. I also note that this minister is not naturally across this subject and that he has been receiving advice from the departmental officials.

He has indicated in the Assembly, through his officials, that the ombudsman himself wants this. I suppose I am inclined to accept that assurance and I just indicate that I will be watching this very closely. I still have some reservations—even though I accept that this what the ombudsman wants—that these amendments are necessary. But I do give a fair bit of weight to what the ombudsman himself has indicated. I have confidence in the office of the ombudsman and the way that office does its job. So, with that assurance from the minister—

Mr Wood: The assurance that I have got from—

MR STEFANIAK: and the assurance you have from your officials, I am inclined at this stage to accept that and not proceed further with my objections.

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