Document ID: chunk:federal_register_of_legislation:C2025C00095:section:35a
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 35A
Character Range: 354934–356458

35A  Disclosure of information by Ombudsman
 (1) Subject to sections 35B and 35C, nothing in this Act shall be taken to preclude the Ombudsman from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of the functions of, or an investigation by, the Ombudsman if, in the opinion of the Ombudsman, it is in the interests of any Department, prescribed authority or person, or is otherwise in the public interest, so to disclose that information or to make that statement.
 (2) The Ombudsman shall not disclose information or make a statement under subsection (1) with respect to a particular investigation where the disclosure of that information, or the making of that statement, is likely to interfere with the carrying out of that or any other investigation or the making of a report.
 (3) The Ombudsman shall not, in disclosing information or making a statement under subsection (1) with respect to a particular investigation:
 (a) set out opinions that are, either expressly or impliedly, critical of a Department, prescribed authority or person unless the Ombudsman has complied with subsection 8(5) in relation to the investigation; or
 (b) disclose the name of a complainant or any other matter that would enable a complainant to be identified unless it is fair and reasonable in all the circumstances to do so.
 (4) This section has effect notwithstanding subsection 8(2) and section 35 (other than subsection (5) of that section).