Overview
2.
Overview
2.1 Legal mandate
The Austrian Ombudsman Board (AOB) has been controlling and monitoring public
administration in Austria by order of the Federal Constitution for 37 years. As a result,
the AOB examines the entire federal public administration, including its activities
as holder of private rights, to identify grievances and possible maladministration.
Everybody can approach the AOB when having a problem with an Austrian
authority, once no further legal remedy against the grievance is available. The AOB
must follow up all admissible complaints and inform those affected of its results.
If cases of maladministration are suspected, the AOB can also act on its own and
initiate official investigative proceedings. In addition, if the AOB arrives at the result
that an ordinance contradicts the law, it is authorised to apply for its repeal to the
Austrian Constitutional Court.
Monitoring public
administration
The AOB‘s competences widened significantly as of July 2012: By order of the Federal
Constitution, the AOB is now also responsible for the protection and promotion of
human rights. As National Preventive Mechanism (NPM), the AOB and its expert
commissions examine around 4,000 public and private institutions and facilities
where persons are or can be deprived of their liberty. These include correctional
institutions, retirement and nursing homes, psychiatric facilities and crisis centres. In
addition to this, the AOB monitors institutions and facilities as well as programmes
for persons with disabilities in order to prevent exploitation, violence and abuse.
The AOB and its commissions further observe and assess executive bodies and
officers of administrative authorities authorized to issue direct orders and carry out
coercive measures, particularly during (forced) returns and manifestations.
Preventive monitoring
to protect human rights
These new competences implement two important UN human rights conventions,
ensuring broad preventive human rights protection in Austria: The Optional Protocol
to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment (OPCAT) and the provisions of the UN Convention on the Rights of
Persons with Disabilities (CRPD). The results of the work of the NPM are published
in a separate report.
2.2 Structure
The Austrian Ombudsman Board consists of three members appointed for New members since
six years at a time. At the end of April 2013, the National Council appointed 1 July 2013
Günther Kräuter and Peter Fichtenbauer as the AOB‘s new members, who will
replace Peter Kostelka and Terezija Stoisits as of 1 July 2013. Gertrude Brinek,
Ombudsman since 2008, was confirmed for a second term in office.
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