Document ID: chunk:federal_register_of_legislation:C2005A00141:clause:2_9
Version: federal_register_of_legislation:C2005A00141
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 19630–21898

9  After subsection 7A(1)
Insert:

Disclosure of information

 (1A) Subsections (1B), (1C), (1D) and (1E) apply if:
 (a) the Ombudsman requests the principal officer, or (if applicable) an officer referred to in the arrangement, to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or
 (b) the principal officer, or (if applicable) an officer referred to in the arrangement, reasonably believes that information or a document or other record would assist the Ombudsman to make a determination under subsection (1).

 (1B) If the officer:
 (a) gives the information to the Ombudsman or produces the document or record to the Ombudsman; and
 (b) by doing so:
 (i) contravenes any other enactment; or
 (ii) might tend to incriminate the officer or make the officer liable to a penalty; or
 (iii) discloses a legal advice given to a Minister, a Department or a prescribed authority; or
 (iv) discloses a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or
 (v) otherwise acts contrary to the public interest;
the information or the production of the document or record is not admissible in evidence against the officer in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act.

 (1C) The officer is not liable to any penalty under the provisions of any other enactment by reason of his or her giving the information to the Ombudsman or producing the document or record to the Ombudsman.

 (1D) For the purposes of the Privacy Act 1988, the giving of the information to the Ombudsman or the production of the document or record to the Ombudsman is taken to be authorised by law.

 (1E) Subsection (1B) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information, document or record.

Note 1: The following heading to subsection 7A(1) is inserted "Ombudsman may make preliminary inquiries".

Note 2: The following heading to subsection 7A(2) is inserted "Arrangements with Departments and prescribed authorities".