---
title: "Agency submission in response to a Commonwealth Ombudsman draft report or proposed critical opinions (Ombudsman Act s 8(5))"
url: "https://ailawframework.com/precedents/administrative-and-public-law/agency-response-ombudsman-proposed-report"
type: "precedent"
site: "AI Law Framework"
id: "a31-agency-response-ombudsman-proposed-report"
area_id: "A31"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A31-X20260927-10"]
law_stated_as_at: "2026-10-18"
---

# Agency submission in response to a Commonwealth Ombudsman draft report or proposed critical opinions (Ombudsman Act s 8(5))

> Letter for an agency’s principal officer responding to the Ombudsman’s draft report or proposed critical opinions: factual corrections, response to each proposed finding and recommendation, remediation already taken,…

Canonical page: https://ailawframework.com/precedents/administrative-and-public-law/agency-response-ombudsman-proposed-report  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Letter for an agency’s principal officer responding to the Ombudsman’s draft report or proposed critical opinions: factual corrections, response to each proposed finding and recommendation, remediation already taken, and the agency’s proposed action.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Administrative & Public Law](https://ailawframework.com/precedents/administrative-and-public-law.md)
- Jurisdictions: Commonwealth, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for Commonwealth and Australia.

## When to use it

Use when the Commonwealth Ombudsman has given an agency an opportunity to make submissions before reporting opinions critical of it or of an officer, or has asked what action the agency proposes after a report. Officers personally criticised have their own right to respond and may need separate advice.

## Used for these tasks

- [Respond to an Ombudsman investigation and proposed report](https://ailawframework.com/practice/administrative-and-public-law.md#A31-X20260927-10)

## How AI may be used

AI may tabulate the proposed findings and recommendations and check factual statements against the agency’s records; the agency’s lawyer and principal officer decide the response, and the officer concerned confirms the facts.

**AI may:**

- Tabulate each proposed finding, opinion and recommendation in the draft report with its paragraph number
- Check dates, figures and quoted policy wording in the draft report against the agency’s records and list discrepancies with sources
- List remediation steps already taken from the agency’s records, with dates and evidence

**AI must not:**

- Must not decide whether to accept or contest a finding or recommendation
- Must not characterise the complainant’s conduct or credibility
- Must not disclose the draft report, which is confidential, outside the agency’s approved environment

**The lawyer checks:**

- Every factual correction is supported by a record that can be given to the Ombudsman if asked
- The response to each recommendation is one the principal officer has approved and the agency can deliver, with a date
- Officers personally criticised have been told of their own opportunity to respond and of any conflict with the agency’s position
- The submission is accurate and not misleading, given the Ombudsman may give the report to the Minister and the Prime Minister

## Authorities

- [Ombudsman Act 1976 (Cth) s 8(1), (2), (5) to (7) (notice of investigation; private conduct; opportunity to appear and make submissions before critical opinions are reported; representation)](https://www.legislation.gov.au/C2004A01611/latest/text)
- [Ombudsman Act 1976 (Cth) s 15(1), (2) (grounds for and contents of a report to the agency)](https://www.legislation.gov.au/C2004A01611/latest/text)
- [Ombudsman Act 1976 (Cth) s 15(4), (5), (6) (request for proposed action; agency comments; copy to the Minister)](https://www.legislation.gov.au/C2004A01611/latest/text)
- [Ombudsman Act 1976 (Cth) s 16 (report to the Prime Minister where appropriate action is not taken)](https://www.legislation.gov.au/C2004A01611/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/administrative-and-public-law/agency-response-ombudsman-proposed-report and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*