Document ID: chunk:federal_register_of_legislation:C2025C00095:section:8:p1
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 8 (pt 1/5)
Character Range: 91712–94475

8  Investigations

Ombudsman must inform of investigation
 (1) The Ombudsman shall, before commencing an investigation under this Act of action taken by a Department or by a prescribed authority, inform the principal officer of the Department or of the authority that the action is to be investigated.
 (1A) The Ombudsman may from time to time make with the principal officer of a Department or of a prescribed authority an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform that principal officer that he or she proposes to investigate action taken by the Department or authority, being action included in a class or classes of actions specified in the arrangement.

Investigations to be in private
 (2) An investigation under this Act shall be conducted in private and, subject to this Act, in such manner as the Ombudsman thinks fit.

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