Commonwealth Ombudsman

This section does not apply to misconduct and breaches of the bankruptcy Act Margaret Chinnery and Kent Pervis you idiots......

BANKRUPTCY ACT 1966 - SECT 134

Powers exercisable at discretion of trustee [see Table B]

             (1)  Subject to this Act, the trustee may do all or any of the following things:

                     (a)  sell all or any part of the property of the bankrupt;

                    (aa)  accept, without terms or conditions, or subject to terms and conditions, a sum of money payable at a future time as the consideration or part of the consideration for the sale of any property of the bankrupt;

                   (ab)  lease any property of the bankrupt;

                    (ac)  divide among the creditors, in its existing form and according to its estimated value, property that, by reason of its peculiar nature or other special circumstances, cannot readily or advantageously be sold;

                     (b)  carry on a business of the bankrupt so far as may be necessary to dispose of it or wind it up for the benefit of creditors;

                     (c)  postpone the winding-up of the estate;

                     (d)  prove in respect of any debt due to the bankrupt;

                   (da)  mortgage or charge any of the property of the bankrupt for the purpose of raising money for the payment of the debts provable in the bankruptcy;

                     (e)  compromise any debt claimed to be due to the bankrupt or any claim by the bankrupt;

                      (f)  make a compromise with a creditor or a person claiming to be a creditor in respect of a debt provable, or claimed to be provable, in the bankruptcy;

                     (g)  make a compromise in respect of any claim arising out of the administration of the estate of the bankrupt, whether the claim is made by or against the trustee;

                     (h)  deal with property to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt could deal with it if he or she were not a bankrupt;

                      (i)  obtain such advice or assistance as he or she considers desirable relating to the administration of the estate or to the conduct or affairs of the bankrupt;

                    (ia)  refer any dispute to arbitration;

                      (j)  bring, institute or defend any action or other legal proceeding relating to the administration of the estate;

                     (k)  execute powers of attorney, deeds or other instruments for the purpose of carrying the provisions of this Act into effect; and

                    (m)  employ the bankrupt:

                              (i)  to superintend the management of the whole, or a part, of the property of the bankrupt;

                             (ii)  to carry on the bankrupt's trade or business for the benefit of the bankrupt's creditors; or

                            (iii)  to assist in any other way in administering the property of the bankrupt;

                            and, in consideration of the bankrupt's services, make such allowance to the bankrupt out of the estate as the trustee considers reasonable;

                  (ma)  make such allowance out of the estate as he or she thinks just to the bankrupt, the spouse or de facto partner of the bankrupt or the family of the bankrupt;

Note:       See also subsection 5(6).

                     (n)  superintend the management of the whole, or a part, of the property of the bankrupt;

                     (o)  administer the property of the bankrupt in any other way.

          (1A)  An allowance made to the bankrupt in pursuance of paragraph (1)(m) may be reduced by the Court upon the application of an interested person.

             (3)  Subject to this Act, the trustee may use his or her own discretion in the administration of the estate.

             (4)  The trustee may at any time apply to the Court for directions in respect of a matter arising in connexion with the administration of the estate.

Note:          Section 178 allows an application to be made to the Court by the bankrupt, a creditor or any other person who is affected by an act, omission or decision of the trustee.

COMMONWEALTH OMBUDSMAN

Is everyone that works at the Commonwealth Ombudsman idiots... Section 134(3) cannot be applied to misconduct and breaches of the Bankruptcy Act

BANKRUPTCY ACT 1966 - SECT 134

Powers exercisable at discretion of trustee [see Table B]

             (1)  Subject to this Act, the trustee may do all or any of the following things:

                     (a)  sell all or any part of the property of the bankrupt;

                    (aa)  accept, without terms or conditions, or subject to terms and conditions, a sum of money payable at a future time as the consideration or part of the consideration for the sale of any property of the bankrupt;

                   (ab)  lease any property of the bankrupt;

                    (ac)  divide among the creditors, in its existing form and according to its estimated value, property that, by reason of its peculiar nature or other special circumstances, cannot readily or advantageously be sold;

                     (b)  carry on a business of the bankrupt so far as may be necessary to dispose of it or wind it up for the benefit of creditors;

                     (c)  postpone the winding-up of the estate;

                     (d)  prove in respect of any debt due to the bankrupt;

                   (da)  mortgage or charge any of the property of the bankrupt for the purpose of raising money for the payment of the debts provable in the bankruptcy;

                     (e)  compromise any debt claimed to be due to the bankrupt or any claim by the bankrupt;

                      (f)  make a compromise with a creditor or a person claiming to be a creditor in respect of a debt provable, or claimed to be provable, in the bankruptcy;

                     (g)  make a compromise in respect of any claim arising out of the administration of the estate of the bankrupt, whether the claim is made by or against the trustee;

                     (h)  deal with property to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt could deal with it if he or she were not a bankrupt;

                      (i)  obtain such advice or assistance as he or she considers desirable relating to the administration of the estate or to the conduct or affairs of the bankrupt;

                    (ia)  refer any dispute to arbitration;

                      (j)  bring, institute or defend any action or other legal proceeding relating to the administration of the estate;

                     (k)  execute powers of attorney, deeds or other instruments for the purpose of carrying the provisions of this Act into effect; and

                    (m)  employ the bankrupt:

                              (i)  to superintend the management of the whole, or a part, of the property of the bankrupt;

                             (ii)  to carry on the bankrupt's trade or business for the benefit of the bankrupt's creditors; or

                            (iii)  to assist in any other way in administering the property of the bankrupt;

                            and, in consideration of the bankrupt's services, make such allowance to the bankrupt out of the estate as the trustee considers reasonable;

                  (ma)  make such allowance out of the estate as he or she thinks just to the bankrupt, the spouse or de facto partner of the bankrupt or the family of the bankrupt;

Note:       See also subsection 5(6).

                     (n)  superintend the management of the whole, or a part, of the property of the bankrupt;

                     (o)  administer the property of the bankrupt in any other way.

          (1A)  An allowance made to the bankrupt in pursuance of paragraph (1)(m) may be reduced by the Court upon the application of an interested person.

             (3)  Subject to this Act, the trustee may use his or her own discretion in the administration of the estate.

             (4)  The trustee may at any time apply to the Court for directions in respect of a matter arising in connexion with the administration of the estate.

Note:          Section 178 allows an application to be made to the Court by the bankrupt, a creditor or any other person who is affected by an act, omission or decision of the trustee.

COMMONWEALTH OMBUDSMAN

Why are the Donkeys at the Commonwealth Ombudsman concealing misconduct and breaches of the Bankruptcy Act at ITSA......You stupid donkeys... ITSA is using a section of the Act that does not apply... Good on the idiots from the Commonwealth Ombudsman Margaret Chinnery and Kent Perv

BANKRUPTCY ACT 1966 - SECT 134

Powers exercisable at discretion of trustee [see Table B]

             (1)  Subject to this Act, the trustee may do all or any of the following things:

                     (a)  sell all or any part of the property of the bankrupt;

                    (aa)  accept, without terms or conditions, or subject to terms and conditions, a sum of money payable at a future time as the consideration or part of the consideration for the sale of any property of the bankrupt;

                   (ab)  lease any property of the bankrupt;

                    (ac)  divide among the creditors, in its existing form and according to its estimated value, property that, by reason of its peculiar nature or other special circumstances, cannot readily or advantageously be sold;

                     (b)  carry on a business of the bankrupt so far as may be necessary to dispose of it or wind it up for the benefit of creditors;

                     (c)  postpone the winding-up of the estate;

                     (d)  prove in respect of any debt due to the bankrupt;

                   (da)  mortgage or charge any of the property of the bankrupt for the purpose of raising money for the payment of the debts provable in the bankruptcy;

                     (e)  compromise any debt claimed to be due to the bankrupt or any claim by the bankrupt;

                      (f)  make a compromise with a creditor or a person claiming to be a creditor in respect of a debt provable, or claimed to be provable, in the bankruptcy;

                     (g)  make a compromise in respect of any claim arising out of the administration of the estate of the bankrupt, whether the claim is made by or against the trustee;

                     (h)  deal with property to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt could deal with it if he or she were not a bankrupt;

                      (i)  obtain such advice or assistance as he or she considers desirable relating to the administration of the estate or to the conduct or affairs of the bankrupt;

                    (ia)  refer any dispute to arbitration;

                      (j)  bring, institute or defend any action or other legal proceeding relating to the administration of the estate;

                     (k)  execute powers of attorney, deeds or other instruments for the purpose of carrying the provisions of this Act into effect; and

                    (m)  employ the bankrupt:

                              (i)  to superintend the management of the whole, or a part, of the property of the bankrupt;

                             (ii)  to carry on the bankrupt's trade or business for the benefit of the bankrupt's creditors; or

                            (iii)  to assist in any other way in administering the property of the bankrupt;

                            and, in consideration of the bankrupt's services, make such allowance to the bankrupt out of the estate as the trustee considers reasonable;

                  (ma)  make such allowance out of the estate as he or she thinks just to the bankrupt, the spouse or de facto partner of the bankrupt or the family of the bankrupt;

Note:       See also subsection 5(6).

                     (n)  superintend the management of the whole, or a part, of the property of the bankrupt;

                     (o)  administer the property of the bankrupt in any other way.

          (1A)  An allowance made to the bankrupt in pursuance of paragraph (1)(m) may be reduced by the Court upon the application of an interested person.

             (3)  Subject to this Act, the trustee may use his or her own discretion in the administration of the estate.

             (4)  The trustee may at any time apply to the Court for directions in respect of a matter arising in connexion with the administration of the estate.

Note:          Section 178 allows an application to be made to the Court by the bankrupt, a creditor or any other person who is affected by an act, omission or decision of the trustee.

COMMONWEALTH OMBUDSMAN

Allan Asher( commonwealth Ombudsman) is a donkey!! You cannot use S134(3)  of the Bankruptcy Act to justify Misconduct and breaches of the Bankruptcy Act you stupid idiot!!!
Section 134(3) is about the discretion on property.
It does not give ITSA discretion to breach the entire Act.
Why did the Attorney General appoint a donkey to the position of Commonwealth Ombudsman???

COMMONWEALTH OMBUDSMAN

Margaret Chinnery and Kent Pervis conceal and coverup systemic failures and misconduct at ITSA.

COMMONWEALTH OMBUDSMAN

Do not trust the Commonwealth Ombudsman.

COMMONWEALTH OMBUDSMAN

Why is Margaret Chinnery and Kent Pervis ( Commonwealth Ombudsman) concealing misconduct at ITSA

COMMONWEALTH OMBUDSMAN

The Commonwealth Ombudsman conceals systemic  misconduct in Government departments!!

COMMONWEALTH OMBUDSMAN MISCONDUCT

Will The Public Service Commissioner cover up the responsibilities of Allan Asher( Commonwealth Ombudsman) The Public Service Act makes Allan Asher responsible for his department. On average the Commonwealth Ombudsman only investigates 20% complaints made about  Commonwealth Government Agencies...Why does Australia have a donkey running this department and why does Senator Williams fail to understand that the core problems at ITSA is that s134(3) is being used out of context and evidence of this is being covered up!!!!! Well done all you Donkey's..................

Will the Commissioner fail to expose the scam at the commonwealth Ombudsman................................
**************************************************************

PUBLIC SERVICE ACT 1999 - SECT 41

Commissioner's functions

             (1)  The Commissioner's functions include the following functions:

                     (a)  to evaluate the extent to which Agencies incorporate and uphold the APS Values;

                     (b)  to evaluate the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct;

                     (c)  to inquire into reports made to the Commissioner (or to a person authorised by the Commissioner) as mentioned in section 16;

                     (d)  to consider and report to the Public Service Minister on any matter relating to the APS (including such a matter referred to the Commissioner by the Public Service Minister);

                     (e)  to promote the APS Values and the Code of Conduct;

                      (f)  to inquire into alleged breaches of the Code of Conduct by Agency Heads and to report to the appropriate authority on the results of such enquiries (including, where relevant, recommendations for sanctions);

                     (g)  to develop, promote, review and evaluate APS employment policies and practices;

                     (h)  to facilitate continuous improvement in people management throughout the APS;

                      (i)  to co-ordinate and support APS-wide training and career development opportunities in the APS;

                      (j)  to contribute to, and foster, leadership in the APS;

                     (k)  to provide advice and assistance on public service matters to Agencies on request;

                      (l)  any function prescribed by the regulations.

             (2)  A report by the Commissioner under subsection (1) may include recommendations.

             (3)  For the purposes of paragraph (1)(f), the appropriate authority for a report about an Agency Head is:

COMMONWEALTH OMBUDSMAN MISCONDUCT

The Prime minister Julia Gillard has been made aware of the breaches and negligence of Allan Asher Commonwealth Ombudsman. Has the Prime Minister asked Allan Asher not to investigate complaints about ITSA where  there is evidence of systemic misconduct.

PUBLIC SERVICE ACT 1999 - SECT 21

Prime Minister's directions to Agency Heads

             (1)  The Prime Minister may issue general directions in writing to Agency Heads relating to the management and leadership of APS employees.

             (2)  A direction under subsection (1) must be published in the Gazette within 14 days after the direction is issued.

COMMONWEALTH OMBUDSMAN MISCONDUCT

COMMONWEALTH OMBUDSMAN MISCONDUCT

Come and see all my bloggs and twitter...............
Read about the scam at ITSA and the coverup and breaches of the Ombudsmans Act..... OMG  .... and Senator Williams just wants to fight with me...... Ha Ha  what an idiot

misconduct at ITSA: misconduct at ITSA - blog*spot
exposes misconduct of ITSA and the Commonwealth Ombudsman and the
federal attorney general. Saturday, 3 September 2011. misconduct at ITSA. Why
did ...
misconductatitsa.blogspot.com/2011/09/misconduct-at-itsa.html - Cached - Similar
misconduct at ITSA
1 day ago ... misconduct at ITSA. exposes misconduct of ITSA and the Commonwealth
Ombudsman and the federal attorney general ...
misconductatitsa.blogspot.com/ - Cached - Similar
misconduct at ITSA: misconduct at ITSA - blog*spot
exposes misconduct of ITSA and the Commonwealth Ombudsman and the
federal attorney general. Saturday, 17 September 2011. misconduct at ITSA ...
misconductatitsa.blogspot.com/2011/.../misconduct-at-itsa_8450.html - Cached - Similar
misconduct at ITSA: misconduct at ITSA
3 Sep 2011 ... misconduct at ITSA. exposes misconduct of ITSA and the Commonwealth Ombudsman
and the federal attorney general ...
misconductatitsa.blogspot.com/2011/09/misconduct-at-itsa_03.html - Cached - Similar
commonwealth ombudsman on Twitter
I think I could name 32 between the Commonwealth Ombudsman and ITSA guilty
of misconduct.... HA HA Good on YA APS Commision..... fiona brown - 5 hours, ...
wotnews.com.au/messages/commonwealth_ombudsman/ - Cached - Similar
fiona brown (@fiona_up) on Twitter
Allan Asher referred to the APS Commission for covering up breaches and
misconduct at ITSA.... who would have thought??? Suck it UP... 10:13 PM Sep
6th via ...
twitter.com/fiona_up - Cached - Similar






commonwealthombudsmanscam: commonwealth Ombudsman scam
14 Sep 2011 ... commonwealth Ombudsman scam. whats going on at the Commonwealth Ombudsman?????
Posted by bankruptcy coverup by ombudsman at 17:44 ...
commonwealthombudsmanscam.blogspot.com/.../commonwealth-ombudsman-scam.html - Cached - Similar



commonwealth ombudsman on Twitter
Why is Alison Larkins (Deputy Commonwealth Ombudsman )covering up the
scam and misconduct at ITSA by Mark Findlay & Adam Toma??? fiona brown - 2 ...
wotnews.com.au/messages/commonwealth_ombudsman/ - Cached - Similar



commonwealthombudsmanscam: Commonwealth Ombudsman Scam
14 Sep 2011 ... Why is Allan Aher Commonwealth Ombudsman covering up the scam at ITSA???? Posted
by bankruptcy coverup by ombudsman at 19:13 ...
commonwealthombudsmanscam.blogspot.com/.../commonwealth-ombudsman-scam_7068.html - Cached - Similar



commonwealthombudsmanscam: Commonwealth Ombudsman Scam
14 Sep 2011 ... Commonwealth Ombudsman Scam. Why is Margaret Chinnery from the Commonwealth
Ombudsman covering up systemic misconduct at ITSA? ...
commonwealthombudsmanscam.blogspot.com/.../commonwealth-ombudsman-

COMMONWEALTH OMBUDSMAN MISCONDUCT

.............. So Margaret Chinnery Commonwealth Ombudsman is covering up the Scam at Itsa and breaching the Ombudsman Act.... that is why the Senators cannot get to the bottom of anything..... they are wasting their breath and time asking questions ... Mathew Osborne is laughing because he knows why..... Are you stupid Senator Williams?????????

COMMONWEALTH OMBUDSMAN MISCONDUCT

SOOOOO........ Australia has a donkey Allan Asher who is head of the Commonwealth Ombudsman.
He is clearly aware of the functions of the Commonwealth Ombudsman as set out in the Ombudsman's Act Section 5
The Australian Pulic Service act makes him responsible for conduct in his Agency and he himself is bound by the APS conduct.
S10 requires high ethical standards..... So Allan Asher, (You donkey) when you are provided evidence of misconduct and breaches of the Bankruptcy Actyou are required not to cover this up. You are given the proceedure in the Ombudsman's Act you are to follow.
Section 13.1 of the APS Act requires the Ombudsman to behave with honesty and integrity and S13.4 requires him to comply with applicable Australian Laws.
.... OMG.... Allan Asher to comply with the Ombudsmans Act... who would have thought that this donkey would try to cover up evidence of misconduct and breaches of the Bankruptcy Act at ITSA... Ha Ha .. How very funny... and Senator Williams wonders why he cannot get a straight answer out of ITSA!!!! SENATOR WILLIAMS you cannot get a proper answer from ITSA because they are using S134(3) to conceal misconduct and breaches and the Commonwealth Ombudsman are covering up for ITSA. They have so much to hide!!!! The same would be happening at ASIC!!!!!!!! ........how funny the Government works......

COMMONWEALTH OMBUDSMAN MISCONDUCT

Allan Asher has also breached section 11 of the code of conduct. He is aware of the Ombudsman Act and continues to breach it. This cannot be seen to be proper conduct by an Agecy Head and fails to uphold the APS values and integrity. He is aware Margaret Chinnery and Kent Pervis has covered up evidence of misconduct and breaches of the Bankruptcy Act at ITSA



(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.

COMMONWEALTH OMBUDSMAN MISCONDUCT

Allan Asher Commonwealth Ombudsman has clearly breaches S13(4) of the Australia Public Service Act. He has been made aware of the evudence of the Misconduct and breaches of the Bankruptcy Act being covered up by Bankruptcy Regulations Mark Findlay and Adam Toma using s134(3) which has no relevance to what it is being used to justify.




PUBLIC SERVICE ACT 1999 - SECT 13
The APS Code of Conduct
(1) An APS employee must behave honestly and with integrity in the course of APS employment.

(2) An APS employee must act with care and diligence in the course of APS employment.

(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.

(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws. For this purpose, Australian law means:

(a) any Act (including this Act), or any instrument made under an Act; or

(b) any law of a State or Territory, including any instrument made under such a law.

(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.

(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.

(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.

(8) An APS employee must use Commonwealth resources in a proper manner.

(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.

(10) An APS employee must not make improper use of:

(a) inside information; or

(b) the employee's duties, status, power or authority;

in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.

(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.

(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.

(13) An APS employee must comply with any other conduct requirement that is prescribed by the regulations.

COMMONWEALTH OMBUDSMAN MISCONDUCT

These are the Australia public Service Values that Allan Asher beleives he is above and has breached. He considers it ethical to cover up misconduct and breaches of the Bankruptcy Act at ITSA.....how many othe Commonwealth Government Agencies does he think it is ethical to coverup evidence of misconduct in???????????????????????????????
PUBLIC SERVICE ACT 1999 - SECT 10
APS Values
(1) The APS Values are as follows:

(a) the APS is apolitical, performing its functions in an impartial and professional manner;

(b) the APS is a public service in which employment decisions are based on merit;

(c) the APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves;

(d) the APS has the highest ethical standards;

(e) the APS is openly accountable for its actions, within the framework of Ministerial responsibility to the Government, the Parliament and the Australian public;

(f) the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs;

(g) the APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public;

(h) the APS has leadership of the highest quality;

(i) the APS establishes workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace;

(j) the APS provides a fair, flexible, safe and rewarding workplace;

(k) the APS focuses on achieving results and managing performance;

(l) the APS promotes equity in employment;

(m) the APS provides a reasonable opportunity to all eligible members of the community to apply for APS employment;

(n) the APS is a career-based service to enhance the effectiveness and cohesion of Australia's democratic system of government;

(o) the APS provides a fair system of review of decisions taken in respect of APS employees.

(2) For the purposes of paragraph (1)(b), a decision relating to engagement or promotion is based on merit if:

(a) an assessment is made of the relative suitability of the candidates for the duties, using a competitive selection process; and

(b) the assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required for the duties; and

(c) the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and

(d) the assessment is the primary consideration in making the decision.

COMMONWEALTH OMBUDSMAN MISCONDUCT

Allan Asher is bound by the APS Code of Conduct.................
PUBLIC SERVICE ACT 1999 - SECT 14
Agency Heads bound by Code of Conduct
(1) Agency Heads are bound by the Code of Conduct in the same way as APS employees.

(2) Statutory office holders are bound by the Code of Conduct in the same way as APS employees.

(3) In this section:

"statutory office holder" means a person who holds any office or appointment under an Act, being an office or appointment that is prescribed by the regulations for the purposes of this definition.

COMMONWEALTH OMBUDSMAN MISCONDUCT

The Australian Public service aact says agency hedas mus promote Values....

PUBLIC SERVICE ACT 1999 - SECT 12
Agency Heads must promote APS Values
An Agency Head must uphold and promote the APS Values.

COMMONWEALTH OMBUSDSMAN MISCONDUCT

These are the functions of Allan Aher the Commonwealt Ombudsman.

OMBUDSMAN ACT 1976 - SECT 5
Functions of Ombudsman
(1) Subject to this Act, the Ombudsman:

(a) shall investigate action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department, or by a prescribed authority, and in respect of which a complaint has been made to the Ombudsman; and

(b) may, of his or her own motion, investigate any action, being action that relates to a matter of administration, taken either before or after the commencement of this Act by a Department or by a prescribed authority; and

(c) with the consent of the Minister, may enter into an arrangement under which the Ombudsman will perform functions of an ombudsman under an ombudsman scheme established in accordance with the conditions of licences or authorities granted under an enactment.

(2) The Ombudsman is not authorized to investigate:

(a) action taken by a Minister; or

(aa) action that constitutes proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987 ; or

(b) action taken by a Justice or Judge of a court created by the Parliament; or

(ba) action by the chief executive officer of a court or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of the chief executive officer of a court:

(i) when exercising a power of the court; or

(ii) when performing a function, or exercising a power, of a judicial nature; or

(c) action taken by:

(i) a magistrate or coroner for the Australian Capital Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; or

(ii) a person who holds office as a magistrate in a State or the Northern Territory in the performance of the functions of a magistrate conferred on him or her by or under an Act; or

(d) action taken by any body or person with respect to persons employed in the Australian Public Service or the service of a prescribed authority, being action taken in relation to that employment, including action taken with respect to the promotion, termination of appointment or discipline of a person so employed or the payment of remuneration to such a person; or

(g) action taken by a Department or by a prescribed authority with respect to the appointment of a person to an office or position established by or under an enactment, not being an office or position in the Australian Public Service or an office in the service of a prescribed authority.

(3) The reference in paragraph (2)(a) to action taken by a Minister does not include a reference to action taken by a delegate of a Minister, and, for the purposes of this subsection, action shall be deemed to have been taken by such a delegate notwithstanding that the action is taken in pursuance of a power that is deemed by a provision of an enactment, when exercised by the delegate, to have been exercised by the Minister.

(3A) For the purposes of the application of this Act to or in relation to the Ombudsman, action taken by a Department or by a prescribed authority shall not be regarded as having been taken by a Minister by reason only that the action was taken by the Department or authority in relation to action that has been, is proposed to be, or may be, taken by a Minister personally.

(3B) Paragraph (2)(b) does not prevent the Ombudsman from investigating action taken by the Integrity Commissioner, or an Assistant Integrity Commissioner, who happens to be a Justice or Judge of a court created by the Parliament.

(4) Paragraph (2)(d) does not prevent the Ombudsman from investigating action taken by an AFP appointee, or by any other person, with respect to information that:

(a) is given to the AFP appointee; and

(b) raises an AFP conduct issue or AFP practices issue; and

(c) relates to action taken by another AFP appointee.

(5) The Ombudsman is not authorised to investigate action taken under:

(a) a law of Western Australia in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958 ; or

(b) a law of Western Australia in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955 ;

by a person employed by Western Australia.

(6) The reference in subsection (5) to a person employed by Western Australia includes a reference to:

(a) a person occupying, or acting in, an office or position under a law of Western Australia; and

(b) a person employed by a body established by or under a law of Western Australia.

(7) An arrangement referred to in paragraph (1)(c) may include provision for payment by the other party to the arrangement for the performance of functions by the Ombudsman in accordance with the arrangement.