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
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