CRIMES ACT 1914

Part IAB - Controlled operations  

Division 4 - Compliance and monitoring  

SECTION 15HV   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 Division, 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; or


(d) would disclose one of the following:


(i) a legal advice given to a Minister, a Department or a prescribed authority;

(ii) 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.

(2)  


However, if the person is a natural person:


(a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and


(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 an offence against section 15HK of this Act or Part 7.4 or 7.7 of the Criminal Code .

(3)  


Nothing in section 15HK or in any other law prevents an officer of an 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 agency to an inspecting officer;

for the purposes of an inspection under this Division of the agency's records.

(4)  


Nothing in section 15HK or in any other law prevents an officer of an 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 subsection (3).

(5)  
The fact that a person is not excused under subsection (1) from giving information, answering a question or giving access to a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.

(6)  
In this section:

prescribed authority
has the same meaning as in the Ombudsman Act 1976 .




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.