Abstract
Victoria is one of the six states of the Australian Commonwealth and is situated in the South-East of the country. While it is the smallest state by size, its population is comparably high, with 5.6 million people and a population density of 22/km2. Below the Government of Victoria, based in the capital Melbourne, there are local governments. There is a domestic administrator, called Governor, who is appointed by the Queen on advice of the state Premier. The Premier in turn is appointed by the Governor, a decision based on the vote in the Lower House. Besides the Lower House or Legislative Assembly, there is also an Upper House, the Legislative Council.
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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.
The Office of Police Integrity is an independent statutory body that investigates complaints regarding serious Police misconduct and corruption.
- 4.
This also applies to any officer of the Ombudsman.
- 5.
Cf Annual Report 2010/2011, p. 27.
- 6.
Cf Annual Report 2010/2011, p. 60. In addition, officers are regularly undertaking outreach activities.
- 7.
Cf Annual Report 2010/2011, Part 2, p. 40.
- 8.
Information provided by the Institution.
- 9.
VicRoads is the Roads and Licensing Regulatory Body established under the Transport Act 1983.
- 10.
Cf s19ZE Ombudsman Act (Commonwealth).
- 11.
Cf s230 to s256 Private Health Insurance Act 2007 and, for more information, cf www.phio.org.au/.
- 12.
Cf www.fos.org.au/centric/home_page.jsp for details.
- 13.
This does not only include courts and tribunals, but also other boards or commissions established by a statute and chaired by a lawyer.
- 14.
I.e. a trustee under the Trustee Act 1958; although, according to s13(2A) OA, the Ombudsman may investigate administrative actions by state trustees.
- 15.
However, even Parliament may not refer a matter concerning a judicial proceeding under this provision.
- 16.
Charter of Human Rights and Responsibilities Act 2006, entry into force 1 January 2008.
- 17.
Additionally, if it is decided to refer a complaint to either the Privacy Commissioner or the Health Services Commissioner, the Ombudsman shall notify the complainant and the respondent of the referral in writing (s15A and s15B OA).
- 18.
The Melbourne City Link is a modern, 22 km-long automated toll way connecting different freeways in the city.
- 19.
Cf also APOR Manual 2009, p. 52 et seq.
- 20.
The power derives from s17 OA, in particular s17(2) OA, according to which the Ombudsman shall conduct investigations in private, and s17(7) OA, allowing for the Ombudsman to regulate his or her procedure in such a way as he or she thinks fit.
- 21.
Cf Clark and De Martinis (2003), p. 33 and p. 37 for more details.
- 22.
This means that the Victorian Ombudsman is the only Australian Ombudsman so far who deals with “complaints with respect to alleged breaches of the state’s Charter of Human Rights and Responsibilities” by public authorities; cf Reif (2011), p. 278.
References
Clark C, De Martinis M (2003) A framework for reforming the independence and accountability of statutory officers of parliament: a case study of Victoria. Aust J Public Admin 62(1):32–42
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
Reif LC (2011) Transplantation and adaptation: the evolution of the human rights ombudsman. Boston Coll Third World Law J 31(2):269–310
Further Reading
Overview of Legislation: www.austlii.edu.au/au/legis/vic/consol_act/ca1975188/ and www.legislation.vic.gov.au
Annual reports (2002–2011): www.ombudsman.vic.gov.au/www/html/255-annual-report-2010.asp
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Frahm, M. (2013). Australia: Victorian Ombudsman. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_13
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