Compliance Overview

Compliance Framework
Compliance Driver Ombudsman Act 1974 (NSW)
Classification Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation None
Associated Standards None
Associated Codes None
Associated Information None
Return to Top Administrative Information
Administrative Body NSW Ombudsman
Administrative Name Mr Michael Barnes, NSW Ombudsman
Administrative Address Physical Address
Level 24
580 George Street
Sydney NSW
Australia, 2000
Administrative Phone 02 9286 1000
1800 451 524
Administrative Email nswombo@ombo.nsw.gov.au
Administrative Website https://www.ombo.nsw.gov.au/
Return to Top General Introduction
VC Compliance Delegate Brendan Peet, Chief Legal and Governance Officer
Compliance Coordinator Mark Brogan, Director Audit and Risk
Business Units Impacted
  • Academic Quality Directorate
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Records Management Office
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Overview This Act provides for the appointment of an Ombudsman, and defines the functions of the Ombudsman including investigations, conciliations, and reporting. Subject to certain conditions, any person (including a public authority) may complain to the Ombudsman about the conduct of a public authority (all NSW public universities are public authorities over which the Ombudsman has jurisdiction). Whilst complaints are the primary mechanism to trigger an investigation by the Ombudsman, an investigation may take place whether or not a complaint has been received.

The types of conduct that a complaint can be made about include:
• If a person believes the University (or a university officer) has acted dishonestly, unfairly or unreasonably towards them, and they have been unable to resolve the matter within the University.
• If a person believes the University’s policies or procedures are flawed or unfair.
• If a person has experienced what they believe to be unreasonable delays or if the University has made a decision that they should have provided reasons for, but did not.
• If a person believes they have made a public interest disclosure within the meaning of the Public Interest Disclosure Act 1993 and the university has not handled it correctly.
• If there is good evidence of maladministration on the part of the University.
• If a person has been advised by the University at the conclusion of an appeals process that you can make a complaint to the Ombudsman.

For the purposes of an investigation under this Act, the Ombudsman may require the University to: give the Ombudsman a statement of information; produce to the Ombudsman any document or other thing; or give the Ombudsman a copy of any document. In addition, the Ombudsman may, at any time enter and inspect any premises occupied or used by a public authority as a public authority, and inspect any document or thing in or on the premises.

Compliance Obligations

Return to Top Child Protection - reporting
Description Under this s25I of the Act, the reporting and disclosure provisions of Part 3A, Child Protection, are extended to public authorities (the University is a public authority in accordance with the definition under s5).

The Vice-Chancellor (or delegate) must notify (no later than 30 days after being made aware of the allegation or conviction) the NSW Ombudsman of any reportable allegations or convictions of child abuse against employees that relate to the conduct of employees in their course of employment with the University.

Section 25A(1) of the Ombudsman Act defines 'reportable conduct' as:
* any sexual offence or sexual misconduct committed against, with or in the presence of a child - including a child pornography offence
* any assault, ill-treatment or neglect of a child
* any behaviour that causes psychological harm to a child - even if the child consented to the behaviour.

Section 25A(1) of the Act also states that reportable conduct does not extend to:
(a) conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards
(b) the use of physical force that, in all the circumstances, is trivial or negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures
(c) conduct of a class or kind exempted from being reportable conduct by the Ombudsman under section 25CA.
Impacts Negative impact on reputation.
Responsible Manager Brendan Peet, Chief Legal and Governance Officer
Coordinating Officer Leanne Nisbet, Senior Governance Officer
Coordinating Unit Office of the Chief Legal and Governance Officer
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Directorate
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Records Management Office
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Child Protection - reporting (child care centre)
Description Child care centres are 'Designated agencies’ under the Act and the Vice-Chancellor (or delegate) must notify the NSW Ombudsman of all reportable allegations and convictions that arise inside or outside the employee’s work (no later than 30 days after being made aware of the allegation or conviction).

Section 25A(1) of the Ombudsman Act defines 'reportable conduct' as:
* any sexual offence or sexual misconduct committed against, with or in the presence of a child - including a child pornography offence
* any assault, ill-treatment or neglect of a child
* any behaviour that causes psychological harm to a child - even if the child consented to the behaviour.

Section 25A(1) of the Act also states that reportable conduct does not extend to:
(a) conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards
(b) the use of physical force that, in all the circumstances, is trivial or negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures
(c) conduct of a class or kind exempted from being reportable conduct by the Ombudsman under section 25CA.
Impacts Negative impact on reputation.
Responsible Manager Brendan Peet, Chief Legal and Governance Officer
Coordinating Officer Galia Urquhart, Director Yarm Gwanga
Coordinating Unit Office of the Chief Legal and Governance Officer
Oversight Committee/Group None
Business Units Impacted
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Records, Policy and Governance Unit
  • UNE Life
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites