The Law Handbook 2024

1092 Section 12: Government and the individual Matters that cannot be included in reports The Ombudsman cannot include in public or private reports: • any information it considers would prejudice any criminal proceeding or investigation, or IBAC or Victorian Inspectorate investigations; • information that would reveal Cabinet matters; • any finding or opinion that a specified person has committed, or is guilty of, an offence or should be prosecuted for an offence; • most information that would be likely to lead to the identification of a person who has made a public interest disclosure; or • information that would identify a person who is not the subject of an adverse comment in the report unless the Ombudsman is satisfied that: – including the information is necessary and in the public interest, and; – including that information will not cause unreasonable damage to the person’s reputation, safety or wellbeing, and the report states that the person is not subject to any adverse opinion (s 25A OA (Vic)). Victorian Ombudsman: Oversight, freedom of information and the Human Rights Charter Oversight The Victorian Ombudsman is subject to two forms of oversight: • by a parliamentary committee (the Integrity and Oversight Committee); and • by the Victorian Inspectorate. Freedom of Information The Freedom of Information Act 1982 (Vic) does not apply to documents held by any person or body that relates to a complaint, enquiry, investigation, recommendation, report or draft report. These documents are not subject to release under the Freedom of Information Act 1982 (Vic) (s 29A). Charter of Human Rights and Responsibilities Act The Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Human Rights Charter ’) protects the human rights of all people in Victoria. The Human Rights Charter ensures that when the government makes laws and delivers services, it does so with civil and political rights in mind. The Human Rights Charter also places an obligation on public authorities to act in a way that is compatible with the human rights set out in the Act. Since 1 January 2008, all public authorities have been required to act consistently with the human rights as set out in the Human Rights Charter. Under the OA (Vic), the Ombudsman can enquire into or investigate whether any administrative action is incompatible with any of the rights set out in the Human Rights Charter and if the administrative action involves a decision, whether there was a failure to give proper consideration to a relevant human right. Contacting the Victorian Ombudsman Victorian Ombudsman Level 2, 570 Bourke Street, Melbourne Vic 3000 Tel: 1800 806 314 Web: www.ombudsman.vic.gov.au