The legal parameters for fulfilling the new competences were created with the official publication of the Rules of Procedure of the AOB, its Commissions and the Human Rights Advisory Council (ROP of the AOB 2012) on 13 July 2012, Federal Law Gazette (BGBl.) II No. 249/2012, and the allocation of duties of the AOB, its Commissions and the Human Rights Advisory Council (Allocation of Duties of the AOB 2012) published on the same date, Federal Law Gazette (BGBl.) II No. 250/2012. Implementation for regional administration So far, it was up to the Laender to entrust monitoring and control of regional and municipal government administration to the AOB or to set up their own regional ombudsman boards. Due to the obligations of the Eight Laender entrust competences to the AOB Republic of Austria under international law to implement OPCAT, the options were restricted. The Laender were obligated to either entrust the new competences under the Act on the Implementation of the OPCAT to the AOB or to entrust their own institutions with these responsibilities by 31 December 2012. With the amendment to the Regional Constitution (Landesordnung), Regional Law Gazette (LGBl.) No. 147/2012, the Land of Tyrol declared the AOB to be competent “for the control and monitoring duties required for the protection and promotion of human rights”. The regional ombudsman board continues to be competent for monitoring and control of maladministration in the regional administration. Vorarlberg, on the other hand, entrusted these duties to its regional ombudsman board. It is therefore possible that there may be overlap in some of the competences, particularly in the monitoring and control of retirement and nursing homes, as the measures that restrict freedom are within the federal area of authority under the Nursing Home Residence Act and the Compulsory Admission Act. The AOB and the Commission that is competent for Vorarlberg have already begun discussions regarding cooperation and coordination of their activities. The AOB offered to familiarise the administrative departments of the regional governments with the new competences. As these offices also have monitoring and control competences, possible ways of collaboration will be discussed in advance in order to prevent duplication of activities 35

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