www.ombudsman.vic.gov.au
60.In response to my draft report he stated:
Local Government Victoria has subsequently corresponded with the City of Ballarat on a number of occasions seeking copies of documents and advice on progress in a number of detailed areas. The most recent letter was sent to the City of Ballarat on 29 January 2010 … and details information still outstanding.
61.The Executive Director said that Local Government Victoria’s follow up regarding these issues is consistent with its legislative mandate to ensure the City of Ballarat has improved its practices.
62.Having examined Local Government Victoria’s file and interviewed witnesses, I am satisfied that appropriate steps are being taken by Local Government Victoria to address outstanding matters with the City of Ballarat.
Jurisdictional issues
63.Section 13 of the Ombudsman Act empowers me to investigate administrative actions taken in government departments, by public statutory bodies or by any member of staff of a municipal council. I do not have jurisdiction to investigate a decision of a Minister.
64.A government department includes a department within the meaning of the Public Administration Act 2004 and an office specified in section 16(1) of that Act.
65.A public statutory body is a body of persons, whether corporate or unincorporate, constituted or established under an Act for a public purpose, in respect of which the Governor in Council or a Minister has a right to appoint all or some of its members.
66.I note that appointments to the office of Inspector of Municipal Administration are ministerial appointments made pursuant to section 223A of the Local Government Act.
Section 223A(3) of the Local Government Act specifically provides that an inspector is not, in respect of his or her office as an inspector, subject to the Public Administration Act.
Section 223A(3) applies regardless of whether the inspector is a public servant when they are appointed or not.
67.An inspector’s administrative actions cannot therefore be considered to be actions taken in a government department. As inspectors are appointed singularly, they also do not meet the definition of a public statutory body as an inspector is not ‘a body of persons’.
68.As such, I consider that I do not have jurisdiction under the Ombudsman Act to enquire into or investigate the actions taken by an Inspector of Municipal Administration in respect of his or her office as an inspector.
69.However, these officers would be subject to my jurisdiction under the provisions of the Whistleblowers Protection Act as they meet the definition of ‘public officer’ in section 3, paragraph (j) of that Act: ‘the holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister’.
70.On 12 August 2009, the Premier announced the formation of the Local Government
Investigations and Compliance Inspectorate, which is an administrative office of the
Department of Planning and Community Development.