Our jurisdiction to investigate

The Ombudsman has the power to investigate decisions, actions and conduct of Victorian government departments and statutory bodies.

The Ombudsman also has jurisdiction in relation to employees of local government bodies, i.e. municipal and shire councils.

The Ombudsman does not have power to investigate any administrative action taken by:

a court of law or by a judge or magistrate;
a person acting as legal adviser to the Crown or as counsel for the Crown in any proceedings;
a person acting in the capacity as a trustee under the Trustee Act 1958 (Vic), although section13(2A) of the Ombudsman Act 1973 allows the Ombudsman to investigate administrative action taken by State Trustees; or
the Auditor-General.

Also excluded from jurisdiction are boards, tribunals, commissions, etc. which are constituted by a statute providing for the chair to be a lawyer (that is, they are presided over by a judge, a magistrate or a barrister or solicitor), for instance, the Victorian Civil and Administrative Tribunal.

The Ombudsman Act 1973 also provides that the Ombudsman has no jurisdiction in respect of officers of the Governor of Victoria.