Document ID: chunk:federal_register_of_legislation:C2025C00095:section:7a:p1
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 7A (pt 1/2)
Character Range: 88377–91131

7A  Preliminary inquiries

Ombudsman may make preliminary inquiries
 (1) Where a complaint has been made to the Ombudsman with respect to action taken by a Department or by a prescribed authority or it appears to the Ombudsman that the Ombudsman may, under paragraph 5(1)(b), investigate action so taken, the Ombudsman may, for the purpose of:
 (a) determining whether or not the Ombudsman is authorized to investigate the action; or
 (b) if the Ombudsman is authorized to investigate the action—determining whether or not the Ombudsman may, in his or her discretion, decide not to investigate the action;
make inquiries of the principal officer of the Department or prescribed authority or, if an arrangement with the principal officer of the Department or authority is in force under subsection (2), of such officers as are referred to in the arrangement.

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 this Act.
 (1E) Subsection (1B) does not otherwise affect a claim