We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.
The NSW Ombudsman has decided to commence an investigation, under section 13 (Decision for investigation) of the Ombudsman Act 1974 (NSW) (Ombudsman Act) into certain conduct of the following public authorities:
The conduct under investigation is:
Action or inaction in responding to legal advice obtained, in and since 2016, concerning the legality of imposing a surcharge on transactions to recover the cost of providing card payment facilities, including merchant interchange fees, or any other charge or service fee in addition to a legislatively prescribed or scheduled fee, charge, fine or other payment amount.
This includes, but is not limited to, action or inaction concerning:
This statement is made in accordance with section 34(2)(b) (Disclosure of information) of the Ombudsman Act.
The NSW Ombudsman is an independent integrity office established under the Ombudsman Act.
Under section 13, the Ombudsman may commence an investigation into conduct of a public authority if it appears to the Ombudsman that the conduct may be conduct referred to in section 26 of the Ombudsman Act. The conduct referred to in section 26 comprises maladministration, and includes conduct that is contrary to law, unreasonable or unjust, or otherwise wrong.
The Ombudsman may commence an investigation whether or not a complaint has been received about the conduct.
In the present case, a report about the conduct was received by the Ombudsman from the Secretary of the Department of Customer Service (on 1 October 2024). Further information was sought from the Secretary under section 13AA (Preliminary inquiries) of the Ombudsman Act, which was received on 18 October 2024. Subsequently, the Ombudsman also received a report about the conduct from the Treasurer, Minister for Customer Service and Digital Government, and Minister for Finance (on 21 October 2024). Reference to the conduct has also been made in a recent report of the NSW Audit Office.1
In conducting an investigation, the Ombudsman has powers under the Ombudsman Act, including to compel the production of documents and the provision of oral and written statements. A public authority cannot refuse to comply with any such requirement of the Ombudsman because of legal privilege, public interest privilege or any other secrecy restriction.
In an investigation, the Ombudsman may also make or hold inquiries. When doing so, the Ombudsman has the general powers, authorities and immunities of a Royal Commission of Inquiry.
Section 17 (Privacy) of the Ombudsman Act requires that an Ombudsman investigation, including any inquiries made or held, be conducted in the absence of the public.
1Internal controls and governance 2024 | Audit Office of New South Wales (nsw.gov.au), at page 18.
We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.
Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.