Abstract
Queensland is one of six states within the Commonwealth of Australia and has a two-tiered political system with both a state and a local government level. Its capital is Brisbane. The state has a population of approximately 4.6 million people corresponding to a population density of only 2.6/km2 (close to the Australian average of 2.7/km2); almost half of the population lives in the capital. Queensland has a domestic administrator called Governor, who is appointed by the Queen on advice of the state Premier. The Head of Government or Premier in turn is appointed by the Governor. The Queensland Parliament is the only single chamber Parliament in Australia. The Constitution foresees a system of local government (art. 70 Const.); currently there are 73 local governments in Queensland.
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Notes
- 1.
Cf Chap. 7, p. 101 for more information on the Commonwealth.
- 2.
Australian Bureau of Statistics (June 2011).
- 3.
It consists of the Queen and the Legislative Assembly. The Upper Chamber was abolished in 1922.
- 4.
- 5.
Cf Chap. 7, p. 101 for more information on the Commonwealth legal system.
- 6.
The first jurisdiction to install the position of an Ombudsman in Australia was Western Australia (1971), followed by South Australia (1972) and Victoria (1973).
- 7.
As established by the Commission for Children and Young People and Child Guardian Act 2000.
- 8.
Its jurisdiction under the Crime and Misconduct Act, the Witness Protection Act 2000 and the Criminal Proceeds Confiscation Act 2002 includes the state’s Police service, state Government Departments, public sector agencies, local councils, universities and Members of the Legislative Assembly.
- 9.
Established by the Health Quality and Complaints Commission Act 2006.
- 10.
Also small business energy customers are covered.
- 11.
Under the Energy and Water Ombudsman Act 2006.
- 12.
The Legal Affairs, Police, Corrective Services and Emergency Services Committee of the Legislative Assembly is the committee in charge of overseeing the Ombudsman office.
- 13.
Likewise, the Ombudsman has to resign on becoming a candidate for any of these positions (s72 OA), respectively in case of running for the Parliament of Queensland, he or she must resign under s67(1) Parliament of Queensland Act 2001.
- 14.
A related person is the Ombudsman’s spouse or a person who is totally or substantially dependent on the Ombudsman. This person can either be the Ombudsman’s child, or the person’s affairs are so closely connected with the Ombudsman’s affairs that a benefit derived by the person, or a substantial part of it, could pass to the Ombudsman (s63A(11b) OA).
- 15.
Cf APOR Manual 2009, p. 26.
- 16.
Cf APOR Manual 2009, p. 30 et seq.
- 17.
As of 30 June 2011.
- 18.
Cf Annual Report 2010/2011, p. 119.
- 19.
An agency is a Department, a local government or a public authority. The term “agency” includes any entity, that is not an incorporated entity or an individual and that was established under an Act as a board, council, committee, subcommittee or any other similar entity for supporting or for performing functions connected with the agency (s8 OA). Public authority is exactly defined in s9 OA.
- 20.
Those provided by the Queensland state Government only.
- 21.
This includes the action of a tribunal member relating to the tribunal’s deliberations.
- 22.
If a person does not appear before the Ombudsman as requested, the Magistrate Court may issue a subpoena requiring the person’s attendance before the Ombudsman (s30 OA). Ultimately, an arrest warrant may be issued (s36 OA) on the Ombudsman’s request.
- 23.
This provision refers also to any local government chairperson, Mayor or president (s26(4) OA).
- 24.
If the agency concerned is a local government, the Ombudsman may send a copy to the local government’s chairperson, Mayor or president (s50(2) OA).
- 25.
Cf Annual Report 2010/2011, p. 39.
- 26.
Information provided by the institution.
- 27.
Cf APOR Manual 2009, p. 28 et seq.
- 28.
Cf APOR Manual 2009, p. 28 et seq.
- 29.
The remaining 1,371 complaints related to “others”, which includes Police service, private sector, Commonwealth, or were out of jurisdiction.
- 30.
It also meets the requirements of the Financial and Performance Management Standard 2009 and the detailed requirements set out in the Annual Report Requirements for Queensland Government Agencies.
Reference
Commonwealth Ombudsman (2009) Australasia and Pacific Ombudsman Region Information Manual 2009. Commonwealth Ombudsman, Canberra. www.ombudsman.gov.au/docs/APOR-Manual_20091009.pdf. Accessed 10 Nov 2011
Further Reading
Overview of Legislation:
Constitution: www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConstofQA01.pdf
Ombudsman Act: www.ombudsman.qld.gov.au/AboutUs/OurLegislation/tabid/65/Default.aspx
Annual reports 2001–2011: www.ombudsman.qld.gov.au/PublicationsandReports/AnnualReport/AnnualReport20102011/tabid/426/Default.aspx
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Frahm, M. (2013). Australia: Queensland Ombudsman. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_10
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