Crimes Act 1914

Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.  

Division 11 - Inspections by Ombudsman  

SECTION 3ZZUE   Ombudsman to be given information etc. 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 or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976 );

(ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976 ) 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;

are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against Part 7.4 or 7.7 of the Criminal Code .

(3)    
Nothing in any other law prevents a staff member of the Australian Federal Police from:

(a) giving information to the Ombudsman or 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 Federal Police to the Ombudsman or an inspecting officer;

for the purposes of an inspection under this Division.

(4)    
Nothing in any other law prevents a staff member of the Australian Federal Police 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 producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.