Ombudsman SA

20-30 minutes

A short factsheet on Ombudsman SA: its establishing Act, purpose, powers, and its expanded misconduct/maladministration remit since the 2021 ICAC Act reforms.

Learning level: Orientation
Jurisdictions: sa
Subjects: administrative-law, australian-legal-system
Topics: statutory-bodies-and-regulators

Learning outcomes

State Ombudsman SA's establishing Act and its core function investigating maladministration in SA public administration.
Explain how the October 2021 ICAC Act reforms expanded the Ombudsman's remit to include misconduct and maladministration matters referred by the Office for Public Integrity.
Distinguish the Ombudsman's investigate-and-recommend role from SACAT's binding merits review.

Act: Ombudsman Act 1972 (SA).¹

Established: The Act was assented to on 23 November 1972 and proclaimed on 14 December 1972.

Purpose: Ombudsman SA investigates maladministration in South Australian public administration — conduct of a public officer, or a practice, policy or procedure of a public authority, resulting in irregular or unauthorised use of public money, substantial mismanagement of public resources, or substantial mismanagement in the performance of official functions, including conduct arising from impropriety, incompetence or negligence. Since the October 2021 reforms to the Independent Commission Against Corruption Act 2012 (SA), the Ombudsman's remit has expanded: misconduct and maladministration matters, which the state's integrity commission investigated before 2021, are now referred to the Ombudsman by the Office for Public Integrity instead.

Powers conferred under the Act

The Ombudsman can investigate complaints, enter premises, inspect documents, and publish reports that are referred to the responsible Minister. Under s 14A of the Act, the Ombudsman also has power to conduct a review of the administrative practices and procedures of an agency where doing so is in the public interest — a broader, own-motion power distinct from investigating an individual complaint.

Is it a prosecuting authority?

No. The Ombudsman investigates and makes recommendations; it does not determine legal rights the way SACAT does in review jurisdiction, and its recommendations are not themselves binding orders. Where an agency does not accept a recommendation, the Ombudsman's own findings can in turn be tested by judicial review in the Supreme Court — the Ombudsman does not have the last word simply because it investigated first.

How it relates to the other SA integrity bodies

Before October 2021, South Australia's anti-corruption commission investigated corruption, misconduct and maladministration together. The 2021 reforms split that jurisdiction: the Independent Commission Against Corruption (SA) now investigates corruption only, while misconduct and maladministration matters are assessed by the Office for Public Integrity and, where appropriate, referred to the Ombudsman. The Ombudsman's own exercise of powers under the Act is in turn reviewed by the Office of the Inspector as part of that office's annual review.

Self-check

Have I distinguished maladministration (the Ombudsman's core jurisdiction) from corruption (the Commission's jurisdiction) and misconduct (assessed by OPI, often referred to the Ombudsman)?
Have I stated that Ombudsman findings are recommendations, not binding orders?
Have I placed the October 2021 reform correctly, rather than assuming the Ombudsman always had this expanded remit?