Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_145
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 145
Character Range: 1000402–1002815

145  Ombudsman to be given information and access despite other laws
 (1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:
 (a) would contravene a law; or
 (b) would be contrary to the public interest; or
 (c) might tend to incriminate the person or make the person liable to a penalty.
 (2) However:
 (a) the information, the answer, or the fact that the person has given access to the document, as the case may be; or
 (b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;
is not admissible in evidence against the person except in a proceeding by way of a prosecution for:
 (c) an offence against clause 152; or
 (d) an offence against Part 7.4 or 7.7 of the Criminal Code.
 (3) Nothing in clause 152, or in any other law, prevents an officer of a relevant agency from:
 (a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
 (b) giving access to a record of the relevant agency to an inspecting officer;
for the purposes of an inspection under this Part of the relevant agency's records.
 (4) Nothing in clause 152, or in any other law, prevents an officer of a relevant agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subclause (3).
 (5) Nothing in clause 152, or in any other law, prevents a member of staff of the Attorney‑General's Department from:
 (a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
 (b) giving access to a record of the Australian Designated Authority to an inspecting officer;
for the purposes of an inspection under this Part of the Australian Designated Authority's records.
 (6) Nothing in clause 152, or in any other law, prevents a member of staff of the Attorney‑General's Department from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subclause (5).