Document ID: chunk:federal_register_of_legislation:C2005A00141:clause:2_10:p1
Version: federal_register_of_legislation:C2005A00141
Segment Type: clause
Provision Reference: sch 2 cl 10 (pt 1/2)
Character Range: 21898–24690

10  After subsection 8(2)
Insert:

Disclosure of information

 (2A) Subsections (2B), (2C), (2D) and (2E) apply if:
 (a) either:
 (i) for the purposes of an investigation under this Act (whether or not the investigation has been completed), the Ombudsman requests a person to give information (including an answer to a question) to the Ombudsman or to produce a document or other record to the Ombudsman; or
 (ii) a person reasonably believes that information or a document or other record is relevant to an investigation under this Act (whether or not the investigation has been completed); and
 (b) any of the following apply:
 (i) the person obtained the information, document or record in the course of the person's duties as the principal officer of a Department or prescribed authority, and the person is still the principal officer of the Department or prescribed authority;
 (ii) the person obtained the information, document or record in the course of the person's duties as the principal officer of a Department or prescribed authority, the person is no longer the principal officer of the Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the person to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;
 (iii) the person obtained the information, document or record in the course of the person's duties as an officer (other than as the principal officer) of a Department or prescribed authority, and the principal officer of the Department or prescribed authority has authorised the officer to give the information to the Ombudsman or to produce the document or other record to the Ombudsman;
 (iv) the person obtained the information, document or record lawfully but not in the course of the person's duties as an officer (including as the principal officer) of a Department or prescribed authority.

 (2B) If the person:
 (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 person or make the person 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 person in proceedings other than proceedings for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates