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Editors --- "The Migration and Ombudsman Legislation Amendment Act" [2006] AdminRw 29; (2006) 57 Admin Review 101


The Migration and Ombudsman Legislation Amendment Act

The Migration and Ombudsman Legislation Amendment Act 2005 (Cth) began operation on 14 December 2005. The Act amends the Ombudsman Act 1976 (Cth) to give the Commonwealth Ombudsman power to establish an immigration ombudsman. In summary, the legislation does the following:

• amends the Migration Act 1958 (Cth) to enable the Commonwealth Ombudsman to contact an immigration detainee when that person has not made a complaint to the Ombudsman

• amends the Ombudsman Act 1976 (Cth) to allow the Ombudsman to use the title ‘Immigration Ombudsman’ when performing functions related to immigration and detention

• makes it explicit that the Ombudsman can perform functions and exercise powers under other Commonwealth or ACT legislation

• enables an agency or person to provide information to the Ombudsman notwithstanding any law that would otherwise prevent it doing so—for example, privacy legislation

• clarifies that the actions of contractors and sub-contractors, in exercising powers or performing functions on behalf of Australian government agencies, will be taken to be the actions of the relevant agency.

Further information about the changes effected by this Act is available on the Commonwealth Ombudsman’s website <http://www.ombudsman.gov.au>.


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