Document ID: chunk:federal_register_of_legislation:C2023C00174:clause:1_6g
Version: federal_register_of_legislation:C2023C00174
Segment Type: clause
Provision Reference: sch 1 cl 6G
Character Range: 34040–36404

6G  Transfer of information to the National Anti‑Corruption Commissioner or the Inspector
 (1) This section applies if the Ombudsman forms the opinion that a complaint raises:
 (a) a corruption issue that is likely to involve corrupt conduct that is serious or systemic; or
 (b) a NACC corruption issue.
 (2) The Ombudsman may:
 (a) decide to refer the information the subject of the complaint to the National Anti‑Corruption Commissioner or the Inspector, as the case requires; and
 (b) decide:
 (i) to investigate the complaint, or to investigate the complaint further; or
 (ii) not to investigate the complaint, or not to investigate the complaint further.
 (3) If the Ombudsman decides to refer the information to the National Anti‑Corruption Commissioner or the Inspector, the Ombudsman must:
 (a) refer the information as soon as is reasonably practicable; and
 (b) include with the referral all information relevant to the corruption issue or the NACC corruption issue that is in the Ombudsman's possession or control at the time the referral is made; and
 (c) as soon as is reasonably practicable, give the complainant written notice of the following:
 (i) that the information has been referred to the National Anti‑Corruption Commissioner or the Inspector;
 (ii) the Ombudsman's decision on whether to investigate, or continue to investigate, the complaint; and
 (d) if the Ombudsman subsequently becomes aware of any further information that is relevant to the issue—give the National Anti‑Corruption Commissioner or the Inspector the further information as soon as is reasonably practicable.
 (4) The Ombudsman is not required to provide information to the National Anti‑Corruption Commissioner or the Inspector under subsection (3) if:
 (a) the Ombudsman has reasonable grounds to believe the National Anti‑Corruption Commissioner or the Inspector is already aware of the information; or
 (b) the National Anti‑Corruption Commissioner or the Inspector has advised the Ombudsman that the provision of the information is not required.
 (5) In this section:
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
Inspector means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.
NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.