Mr GREG WARREN (Campbelltown) (11:35): I am delighted to contribute to debate on the Ombudsman and Other Legislation Amendment Bill 2024. The Ombudsman's Office is an independent integrity agency that oversees the public sector of New South Wales and investigates complaints regarding most government agencies, local councils and community service providers. The Ombudsman requested amendments to legislation governing the functions of the Ombudsman's Office, which the Government advanced in the bill.

Schedule 1 to the original bill proposed amendments to the Ombudsman Act to make provision through schedule 1 [4] for the Ombudsman to make preliminary inquiries to determine whether the Ombudsman has jurisdiction over particular conduct and for the purposes of any function of the Ombudsman under the Ombudsman Act or another Act; through schedule 1 [7] to change the definition of "Aboriginal program", to which the Ombudsman's jurisdiction to monitor and assess Aboriginal programs in part 3B of the Ombudsman Act applies, to a general definition that includes but is not limited to the Opportunity, Choice, Healing, Responsibility, Empowerment [OCHRE] program; through schedule 1 [12] for the repeal of a provision inserted by the Public Interest Disclosures Act 2022 on 1 October 2023 that is imposing an unnecessary administrative burden on the Ombudsman's Office; through schedule 1 [15] for an express statutory duty for a public authority to cooperate and, if asked, assist the Ombudsman in the exercise of the Ombudsman's functions, including its complaint and its investigative and oversight functions; through schedule 1 [16] for an express statutory power for the Ombudsman to provide a range of education and other training services, and charge reasonable fees for those services; and for other minor miscellaneous amendments to existing provisions of the Ombudsman Act.

Schedule 2 to the bill proposed amendments to the Community Services (Complaints, Reviews and Monitoring) Act to make minor changes in the nature of statute law revision, arising as a consequence of earlier amendments by the Disability Inclusion Amendment Act 2022 and consequential amendments that arise as a result of the amendments proposed to be made by the bill to the Ombudsman Act. Schedule 3 to the bill repealed the Ombudsman Regulation 2016 because the definition of "Aboriginal programs" will now be in the Ombudsman Act rather than this regulation, and the regulation does not deal with any other issue.

As members are aware, part 3B of the Ombudsman Act provides the Ombudsman with monitoring and assessment powers regarding Aboriginal programs, prescribed as the Opportunity, Choice, Healing, Responsibility and Empowerment program. The Ombudsman requested that the definition of "Aboriginal programs" be changed to a general definition that includes but is not limited to the OCHRE program. The first print of the bill proposed an amendment to define "Aboriginal program" as "a Government program that is primarily directed to the health, or cultural, economic, educational or other wellbeing, of Aboriginal persons or communities", with OCHRE identified as an example of an Aboriginal program.

The first print of the bill also proposed a consequential amendment providing that the Ombudsman "may" monitor and assess Aboriginal programs, instead of providing that it "is to". The amendment was intended to emphasis the Ombudsman's discretionary exercise of part 3B powers, consistent with the role of the Ombudsman's Office as an independent integrity agency and in the context of the proposed very broad definition of "Aboriginal programs". In the other place, contributions to the debate emphasised the importance of the OCHRE program and raised concerns about the proposed change from "is to" to "may". Instead of OCHRE being referred to as an example of an Aboriginal program, the first amendment included OCHRE in its own subparagraph of the definition, followed by the more general definition. The second amendment made in the other place changed the Government's proposed drafting so that the Ombudsman "is to monitor and assess the OCHRE program" and "may monitor and assess other Aboriginal programs". While the Government does not consider the amendments to be necessary, it is prepared to accept them.

The third amendment was to omit the Government's proposed amendment to remove section 31Z from the Ombudsman Act. After the bill was passed in the Legislative Council, the Ombudsman kindly provided briefings to members of the Opposition and crossbench providing further information about why his office had requested that section 31Z be omitted. While considering that the Ombudsman has sound reasons for requesting the repeal of section 31Z, the Government accepts the decision of the Parliament to retain that provision. The Government amendment gives effect to the Legislative Council amendment by removing some consequential provisions regarding section 31Z that were not removed in the amendments made by the Legislative Council. Clauses 11 and 12 of schedule 1 in the second print will need to be removed because they omit parts of the Ombudsman Act that refer to section 31Z, and those parts should stay in if section 31Z is being retained.

The Government accepts the will of the Parliament in making these changes to the bill as originally proposed. At the end of the day, the Parliament must ensure that we have adequate legislation and make amendments where required, and particularly in this case when it includes the Ombudsman. The Government proposed the changes in the bill in good faith at the request of, and in consultation with, the Ombudsman, who identified issues with the workings of some of the provisions of the Ombudsman Act. As is proper, the Legislative Council members carefully considered the proposals. However, the position of the Legislative Council was that the amendments should be made and that members did not think that the Ombudsman's concerns, when balanced with the importance of the issues and the potential unintended consequences, warranted the requested changes. That being said, the Government amendment is just some housekeeping to fully implement the intended amendments. In conclusion, the Government, like all members in this place, respects the will of the Parliament in this matter. It is all part of the rich tapestry of our democracy and the role of Parliament. I thank the House.