Function of the Committee

The Accountability and Oversight Committee is constituted under Section 6A of the Parliamentary Committees Act 2003. The Committee is also granted powers and responsibilities under the Ombudsman Act 1973.

Parliamentary Committees Act 2003, s. 6A Accountability and Oversight Committee

Ombudsman Act 1973, s. 26H Oversight by Accountability and Oversight Committee

Ombudsman Act 1973, s. 26I Powers and procedures of Accountability and Oversight Committee

 Parliamentary Committees Act 2003, Section 6A
Accountability and Oversight Committee

  1. The functions of the Accountability and Oversight Committee are—
    1. to monitor and review the performance of the functions and exercise of the powers of the Freedom of Information Commissioner; and
    2. to consider and investigate complaints concerning the Freedom of Information Commissioner and the operation of the office of the Freedom of Information Commissioner; and
    3. to report to both Houses of Parliament on any matter relating to—
      1. the performance of the functions and the exercise of the powers of the Freedom of Information Commissioner; and
      2. any complaint concerning the Freedom of Information Commissioner and the operation of the office of the Freedom of Information Commissioner— that requires the attention of Parliament; 
    4. to examine the annual report of the Freedom of Information Commissioner and any other reports by the Commissioner and report to Parliament on any matters it thinks fit concerning those reports; and
    5. to inquire into matters concerning freedom of information referred to it by the Parliament and to report to Parliament on those matters;
    6. to monitor and review the performance of the duties and functions of the Victorian Inspectorate in respect of Ombudsman officers; and
    7. to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Victorian Inspectorate in respect of Ombudsman officers that require the attention of the Parliament; and
    8. to examine any reports made by the Victorian Inspectorate in respect of Ombudsman officers; and
    9. the functions conferred on the Committee by the Ombudsman Act 1973.
  2. Despite anything to the contrary in subsection (1), the Accountability and Oversight Committee cannot— 
    1. reconsider a decision of the Freedom of Information Commissioner in relation to a review of a particular matter; or
    2. reconsider any recommendations or decisions of the Freedom of Information Commissioner in relation to a complaint under the Freedom of Information Act 1982; or 
    3. investigate a matter relating to particular conduct the subject of any report made by the Victorian Inspectorate in respect of an Ombudsman officer; or
    4. review any decision to investigate, not to investigate or to discontinue an investigation of, a particular complaint made to the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011 in respect of an Ombudsman officer; or
    5. review any findings, recommendations, determinations or other decisions of the Victorian Inspectorate in relation to a particular complaint made to, or investigation conducted by, the Victorian Inspectorate in accordance with the Victorian Inspectorate Act 2011 in respect of an Ombudsman officer; or
    6. disclose any information relating to the performance of a duty or function or exercise of a power by the Victorian Inspectorate which may—
      1. prejudice any criminal proceedings or criminal investigations; or
      2. prejudice an investigation being conducted by the Ombudsman, the IBAC or the Victorian Inspectorate; or
      3. contravene any secrecy or confidentiality provision in any relevant Act.

 

Ombudsman Act 1973, Section 26H
Oversight by Accountability and Oversight Committee

  1. The functions of the Accountability and Oversight Committee under this Act are—
    1. to monitor and review the performance of the duties and functions of the Ombudsman;
    2. to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Ombudsman that requires the attention of the Parliament;
    3. to examine any reports by the Ombudsman that are laid before a House of the Parliament.
  2. Despite anything to the contrary in subsection (1), the Accountability and Oversight Committee cannot—
    1. investigate a matter relating to particular conduct the subject of any particular complaint, protected disclosure complaint, referred complaint or referred matter;
    2. review any decision to investigate, not to investigate or to discontinue an investigation of, a particular complaint, protected disclosure complaint, referred complaint or referred matter;
    3. review any findings, recommendations, determinations or other decisions of the Ombudsman in relation to a particular complaint, protected disclosure complaint, referred complaint or referred matter or an investigation conducted by the Ombudsman;
    4. disclose any information relating to the performance of a function or duty or the exercise of a power by the Ombudsman which may—
      1. prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or
      2. contravene any secrecy or confidentiality provision in any relevant Act.

 

Ombudsman Act 1973, Section 26I
Powers and procedures of Accountability and Oversight Committee

The powers and procedures of a Joint Investigatory Committee under the Parliamentary Committees Act 2003 apply to the Accountability and Oversight Committee in the performance of its functions under this Act.