Document ID: chunk:federal_register_of_legislation:C2025C00095:section:8:p2
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 8 (pt 2/5)
Character Range: 94235–96959

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 prescribed authority.
 (2B) If the person:
 (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 person or make the person 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 person 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.
 (2C) The person 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.
 (2D) 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.
 (2E) Subsection (2B) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information, document or record.

Ombudsman may obtain information
 (3) Subject to this Act, the Ombudsman may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as he or she thinks fit.

Rights to appear
 (4) Subject to subsection (5), it is not necessary for the complainant or any other person to be afforded an opportunity to appear before the Ombudsman or any other person in connexion with an investigation by the Ombudsman under this Act.
 (5) The Ombudsman shall not make a report in respect of an investigation under this Act in which he or she sets out opinions that are, either expressly or impliedly, critical of a Department, prescribed authority or person unless, before completing the investigation, he or she has:
 (a) if the opinions relate to a Department or prescribed authority—afforded the principal officer of the Department or authority and the officer principally concerned in the action to which the investigation relates opportunities to appear before him or her, or before an authorized