Ombudsman Litigation: The Relationship between the Australian Ombudsman and the Courts

Federation Press
Publication Type:
Administrative Redress In and Out of the Courts, 2019, 1, pp. 155 - 177
Issue Date:
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This chapter examines the use, frequency and the nature of legal actions initiated by litigants against Australian public and private ombudsman. As the traditional role of an ombudsman is to assist in the resolution of complaints the notion of the institution as a defendant, where it is itself a source of complaint is a poignant juxtaposition. The aim of this chapter is to explore why and when a complainant may commence litigation against an ombudsman and to investigate the frequency and reasons for ombudsman initiated litigation as plaintiff/appellant.
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