Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:17_2
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 17 cl 2
Character Range: 201001–202625

2  After section 355‑180 in Schedule 1
Insert:

355‑182  Exception—on‑disclosure of certain information to Commonwealth Ombudsman
 (1) Section 355‑155 does not apply if:
 (a) the entity is an officer of an *Australian government agency; and
 (b) the information was acquired by the entity under the exception in subsection 355‑65(1) operating in relation to item 10 in the table in subsection 355‑65(2); and
 (c) the record is made for, or the disclosure is to:
 (i) the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or
 (ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and
 (d) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (2) Section 355‑155 does not apply if:
 (a) the entity is:
 (i) the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or
 (ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and
 (b) the information was acquired by the entity under subsection (1) or this subsection; and
 (c) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.