(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— administration includes administration of an estate or a trust whether involving the exercise of executive functions of government or the exercise of other functions.appointed day means the day appointed and notified under section 2 (2).conduct means—
(a) any action or inaction relating to a matter of administration, and (b) any alleged action or inaction relating to a matter of administration. head means—
(a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the head of the agency, and (a1) in relation to a person employed by a political office holder under Part 2 of the —the chief of staff of the office of that office holder, and Members of Parliament Staff Act 2013 (b) in relation to a public authority that is a local government authority, or a member or employee of a local government authority—the mayor (or other presiding officer) of the local government authority, and (c) in relation to a public authority that is a corporation sole, or who is a person employed by a corporation sole—the person constituting the corporation, and (d) in relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body—the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and (e) in any other case—the person prescribed by the regulations, or in the absence of any regulation prescribing a person, the person who, in the opinion of the Ombudsman, is the chief executive of the public authority. Joint Committee means the joint committee called the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission, constituted under this Act.local government authority means a council, a county council or a joint organisation within the meaning of the. Local Government Act 1993 medical practitioner has the same meaning as in the. Health Practitioner Regulation National Law (NSW) person includes an unincorporated body of persons.public authority means—
(a) any person appointed to an office by the Governor, (b) any statutory body representing the Crown, (c) any Public Service agency or any person employed in a Public Service agency, (d) any person in the service of the Crown or of any statutory body representing the Crown, (d1) any person employed by a political office holder under Part 2 of the , Members of Parliament Staff Act 2013 (e) an auditable entity within the meaning of the , Government Sector Audit Act 1983 (f) any person entitled to be reimbursed his or her expenses, from a fund of which an account mentioned in paragraph (e) is kept, of attending meetings or carrying out the business of any body constituted by an Act, (f1) any accreditation authority or registered certifier within the meaning of the , Building and Development Certifiers Act 2018 (f2) any body declared by the regulations to be a public authority for the purposes of this Act, (g) any holder of an office declared by the regulations to be an office of a public authority for the purposes of this Act, (g1) any local government authority or any member or employee of a local government authority, and (h) any person acting for or on behalf of, or in the place of, or as deputy or delegate of, any person described in any of the foregoing paragraphs. psychologist has the same meaning as in the. Health Practitioner Regulation National Law (NSW) regulations means regulations made under this Act.responsible Minister means—
(a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the Minister responsible for that agency or, in the case where more than one Minister is responsible for that agency, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that agency, and (b) in relation to a public authority that is a local government authority or a member or employee of a local government authority—the Minister administering the , and Local Government Act 1993 (c) in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act—the Minister administering the Act or the relevant part of the Act, and (c1) in relation to a public authority who is a person employed by a political office holder under Part 2 of the —the Premier, and Members of Parliament Staff Act 2013 (d) in relation to any other public authority—the Minister who, in the opinion of the Ombudsman, is the most nearly concerned with the conduct of the public authority. Supreme Court means the Supreme Court of New South Wales.Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) The Governor may, on the recommendation of the Minister, appoint an Ombudsman on such terms and conditions as are specified in the instrument of appointment. (2) Subject to this Act, the Ombudsman holds office for such period, not exceeding seven years, as is specified in the instrument of his or her appointment and is eligible for re-appointment. (3) A person is not eligible for appointment as Ombudsman if the person—
(a) is a member of the Legislative Council or the Legislative Assembly, or (b) is a member of a House of Parliament of another State or of the Commonwealth.
(1) The Governor may, on the recommendation of the Minister, appoint an acting Ombudsman during the absence of the Ombudsman or during a vacancy in the office of Ombudsman. (1A) The Ombudsman may—
(a) from time to time, appoint a Deputy Ombudsman or an Assistant Ombudsman to be an acting Ombudsman during an absence of the Ombudsman for a period of no more than 30 days, and (b) revoke the appointment.
(1) The Ombudsman may appoint one or more Deputy Ombudsman and Assistant Ombudsman. (1A) The Ombudsman must appoint a Deputy Ombudsman as the Community Services Commissioner for the purposes of the . Community Services (Complaints, Reviews and Monitoring) Act 1993 (1B) The Ombudsman is to appoint a Deputy Ombudsman for the purpose of enabling the Ombudsman to monitor and assess Aboriginal programs under Part 3B. (2) The provisions of section 6 (3) (b), (4) (b) and (c) and (5) apply to and in respect of a Deputy Ombudsman and an Assistant Ombudsman in the same way that they apply to and in respect of the Ombudsman.
(1) Subject to subsection (2), the Ombudsman may delegate to an Assistant Ombudsman or an officer of the Ombudsman the exercise of any functions of the Ombudsman, including any function which the Ombudsman may exercise pursuant to section 10B. (2) The Ombudsman may not delegate the exercise of—
(a) any function to make any report under this Act, except in accordance with subsection (2A), (b) any function conferred by section 10A or 21C, or the power to accept or to refuse to accept a delegation to which section 10B applies or the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in that section, (b1) any function conferred by section 19 (2), other than to an Assistant Ombudsman, or (c) the function conferred by subsection (1). (d), (e) (2A) The Ombudsman may delegate the exercise of the function to make a report—
(a) under section 26, 28 or 29, to an Assistant Ombudsman, and (b) under section 28 or 29 (1) (a) or (2) (a), to an officer of the Ombudsman. (3) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.
(1) The Ombudsman may delegate the exercise of any functions of the Ombudsman under sections 13A, 18, 19 (1), 20 and 23 to a person who is empowered to exercise under a law of another State, the Commonwealth or a Territory of the Commonwealth functions similar to the functions exercised by the Ombudsman under this Act, where—
(a) the Ombudsman is of the opinion that an investigation authorised to be carried out by the Ombudsman under this Act may more effectively or more appropriately be carried out by the person to whom it is proposed the delegation be made, and (b) the delegation is for the purpose of enabling that person to carry out that investigation. (2) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances. (3) A delegation under this section must be made by instrument in writing. (4) An instrument of delegation must specify—
(a) the functions the exercise of which is delegated, and (b) any conditions or limitations on the delegation.
(1) Subject to this section, any person (including a public authority) may complain to the Ombudsman about the conduct of a public authority unless—
(a) the conduct is of a class described in Schedule 1, (b) the conduct took place more than twelve months before the date of assent to this Act, (c) the conduct took place during the period of twelve months that last preceded the date of assent to this Act and the complaint was made more than twelve months after the appointed day, or (d) the conduct, being conduct of a local government authority, took place before the day appointed and notified under section 2 (2) of the . Ombudsman (Amendment) Act 1976 Note 1— Protections may be available under the following provisions to persons who make a complaint under this section—
(a) the , Part 3—if the complaint is a public interest disclosure, Public Interest Disclosures Act 2022 (b) Part 4B—if the making of the complaint is protected action within the meaning of the Part. Note 2— The , section 58 confers additional investigative powers on the Ombudsman in relation to certain public interest disclosures. Public Interest Disclosures Act 2022 (2) Where a person wishes to make a complaint under subsection (1), the complaint may, with the consent of that person, be made on his or her behalf by a member of Parliament.
(1) The Ombudsman may, if the Ombudsman considers it appropriate, refer a complaint about the conduct of a public authority to the public authority for investigation. (2) The public authority must report to the Ombudsman on the outcome of the referral.
(1) Where it appears to the Ombudsman that any conduct of a public authority about which a complaint may be made under section 12 may be conduct referred to in section 26, the Ombudsman may, whether or not any person has complained to the Ombudsman about the conduct, make the conduct the subject of an investigation under this Act. (2) Subsection (1) has effect notwithstanding anything in any Act passed before the passing of this Act.
(1) The Ombudsman may make preliminary inquiries for the purpose of deciding whether to make particular conduct of a public authority the subject of an investigation under this Act. (2) The inquiries may be made whether or not any person has complained to the Ombudsman about the conduct under section 12.
(1) The Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation under this section. (2) The conciliator in any conciliation under this section is to be the Ombudsman or an officer of the Ombudsman. However, the conciliator may, with the agreement of the complainant, arrange for a mediator to assist in the conciliation.
(1) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 1 so as to add to it, or to omit from it, any class of conduct of a public authority. (2) Where Schedule 1 is amended by adding to it any class of conduct of a public authority, and conduct the subject of an investigation or conciliation by the Ombudsman is or includes conduct of the added class, the Ombudsman shall discontinue the investigation or conciliation in so far as it relates to conduct of the added class and shall not make any report concerning conduct of the added class.
(1) Where—
(a) a complaint has been made to the Ombudsman under section 12 about the conduct of a public authority, and (b) the Ombudsman—
(i) refuses to investigate the conduct complained of or to deal with the complaint by conciliation, or (ii) discontinues an investigation of that conduct, the Ombudsman shall inform the complainant in writing of his or her decision and the reasons for the decision.
(1) In an investigation under this Act, the Ombudsman may make or hold inquiries.
(1) Direction regarding publication The Ombudsman may direct that—
(a) any evidence given before an inquiry held by the Ombudsman, or (b) the contents of any document, or a description of any thing, produced to the Ombudsman, or (c) any information that might enable a person who has given or may be about to give evidence before an inquiry to be identified or located, or (d) the fact that any person has given or may be about to give evidence before an inquiry, must not be published, or must not be published except in such manner, and to such persons, as the Ombudsman specifies.
(1) A person who was present at an inquiry must not publish, or permit to be published, any evidence given before the inquiry or any of the contents of a document produced at the inquiry, except to the Ombudsman, an officer of the Ombudsman or an Australian legal practitioner appointed under section 19 (4) or as permitted by the Ombudsman or the regulations. Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
(1) A person who is—
(a) required under section 18 to produce a statement of information or to attend and produce a document or other thing, or (b) by a summons under section 19 required to give evidence or to produce a document or other thing, must not disclose any information about the requirement or summons that is likely to prejudice the investigation to which it relates. Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
(1) The Ombudsman may review the systems of a public authority for handling complaints.
(1) It is the duty of the head of a public authority that has functions under an Aboriginal program to which this Part applies to provide the Ombudsman with full and unrestricted access to records that are under the person’s control (or whose production the person may, in an official capacity, reasonably require), being records to which the Ombudsman reasonably requires access for the purpose of exercising the functions of the Ombudsman under this Part in relation to the program. (2) Access to which the Ombudsman is entitled under this section includes the right to inspect and, on request, to be provided with copies of any such record and to inspect any non-documentary evidence associated with any such record.
(1) Where, in an investigation under this Act, the Ombudsman finds that the conduct the subject of the investigation, or any part of the conduct, is of any one or more of the following kinds—
(a) contrary to law, (b) unreasonable, unjust, oppressive or improperly discriminatory, (c) in accordance with any law or established practice but the law or practice is, or may be, unreasonable, unjust, oppressive or improperly discriminatory, (d) based wholly or partly on improper motives, irrelevant grounds or irrelevant consideration, (e) based wholly or partly on a mistake of law or fact, (f) conduct for which reasons should be given but are not given, (g) otherwise wrong, the Ombudsman is to make a report accordingly, giving his or her reasons.
(1) If the Ombudsman recommends in a report under section 26 that compensation be paid to a person by a person other than a local government authority, the responsible Minister—
(a) at the request of the head of the public authority whose conduct is the subject of the report, and (b) with the concurrence of the Treasurer, may authorise the payment of compensation to the person out of the appropriate fund.
(1) Tabling A copy of a report made or furnished to the Presiding Officer of a House of Parliament under this Part must be laid before that House on the next sitting day of that House after it is received by the Presiding Officer.
(1) The Ombudsman may, at any time, furnish information obtained by the Ombudsman in discharging functions under this or any other Act to the Director of Public Prosecutions, the Independent Commission Against Corruption or the Commissioner of Police.
(1) The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission or the Commissioner for the New South Wales Crime Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.
(1) The procedure for the calling of meetings of the Joint Committee and for the conduct of business at those meetings is, subject to this Act, to be as determined by the Committee. (2) The Clerk of the Legislative Assembly is to call the first meeting of the Joint Committee in each Parliament in such manner as the Clerk thinks fit. (3) At a meeting of the Joint Committee, 4 members constitute a quorum, but the Committee must meet as a joint committee at all times.
(1) The Joint Committee has power to send for persons, papers and records.
(1) If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced to, the Joint Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or the person producing the document must—
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1A) If any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Joint Committee relates to the proposed appointment of a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission, Commissioner for the New South Wales Crime Commission or Inspector of Custodial Services, the Committee must (despite any other provision of this section)—
(a) take the evidence in private, or (b) direct that the document, or the part of the document, be treated as confidential. (1B) Despite any other provision of this section except subsection (6), the Joint Committee must not, and a person (including a member of the Committee) must not, disclose any evidence or the contents of a document or that part of a document to which subsection (1A) applies. Maximum penalty—20 penalty units or imprisonment for 3 months, or both. (1C) Despite any other provision of this section except subsection (6), the Joint Committee (including a member of the Committee) must not, and any person assisting the Committee or present during the deliberations of the Committee must not, except in accordance with section 31BA (3), disclose whether or not the Joint Committee or any member of the Joint Committee has vetoed, or proposes to veto, the proposed appointment of a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission, Commissioner for the New South Wales Crime Commission or Inspector of Custodial Services. Maximum penalty—20 penalty units or imprisonment for 3 months, or both. (2) If a direction under subsection (1) applies to a document or part of a document produced to the Joint Committee—
(a) the contents of the document or part are, for the purposes of this section, to be regarded as evidence given by the person producing the document or part and taken by the Committee in private, and (b) the person producing the document or part is, for the purposes of this section, to be regarded as a witness.
(1) This Part does not prevent reasonable management action from being taken in relation to a person.
(1) A person must not take detrimental action against another person if—
(a) the person suspects, believes or is aware, when taking the detrimental action, that the other person or a third person is a protected person, and (b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action. Maximum penalty—200 penalty units or imprisonment for 5 years, or both. Note— It is not a detrimental action offence to take reasonable management action in relation to a person. See section 31O. (2) The fact the suspicion or belief was mistaken is not a defence to a prosecution for a detrimental action offence.
(1) A person who takes detrimental action against another person is liable in damages under this section for injury, damage or loss suffered as a result by the other person or a third person if—
(a) the person suspects, believes or is aware, when taking the detrimental action, that any person is a protected person, and (b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action. (2) The damages may be recovered in a court of competent jurisdiction. (3) The person’s liability is not affected by the fact the suspicion or belief was mistaken.
(1) The Supreme Court may, on the application of 1 of the following, grant an injunction relating to the commission or possible commission of a detrimental action offence—
(a) the Ombudsman, (b) with the written approval of the Attorney General—another public authority, (c) a protected person, (d) another person against whom detrimental action has been or may be taken. (2) The terms of the injunction may—
(a) restrain a person from engaging in conduct that would constitute a detrimental action offence, or (b) require a person to do an act or thing to remedy conduct that constitutes a detrimental action offence. (3) An injunction restraining a person from engaging in conduct that would constitute a detrimental action offence may be granted—
(a) whether or not the person has previously engaged in conduct of that kind, and (b) whether or not it appears to the Supreme Court the person intends to continue to engage in conduct of that kind, and (c) whether or not there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. (4) To avoid doubt, an injunction granted under this section may—
(a) require a formal apology to be made to a person against whom detrimental action has been taken, or (b) restrain detrimental action comprising an attempt to terminate a person’s employment in a particular position or role, or (c) require the reinstatement in the same or a substantially similar position or role of a person against whom detrimental action comprising termination of employment in a particular position or role has been taken.
(1) Except as provided by this section, a protected person, in relation to protected action taken by the person that is or involves the disclosure of information—
(a) does not incur civil liability, including liability for breaching a duty of secrecy or confidentiality or another restriction on disclosure applicable to the person, whether or not imposed by an Act, and (b) does not incur criminal liability, including liability for breaching a law or code of conduct imposing a duty of confidentiality or other restriction in relation to the disclosure of information, and (c) is not liable to disciplinary action. (2) This section applies to protected action taken at the request of, or in response to a requirement of, the Ombudsman only to the extent that the protected action—
(a) is relevant to the matter in relation to which the request or requirement is made, or (b) constitutes an independent disclosure showing or tending to show serious wrongdoing.
(1) The Attorney General may, if in the Attorney General’s opinion it is appropriate, give to a protected person who makes, or proposes to make, a disclosure of the person’s past conduct while taking protected action an undertaking that the disclosure or the fact of the disclosure will not be used in evidence against the person, other than in proceedings relating to the falsity of the disclosure.
(1) Information tending to identify a person as a protected person ( identifying information ) is not to be disclosed by the Ombudsman or a public authority.
(1) Persons may be employed in the Public Service under the to enable the Ombudsman to exercise his or her functions. Government Sector Employment Act 2013
(1) In this section superannuation scheme means a scheme, fund or arrangement which is established by or under an Act and which provides for superannuation or retirement benefits.(2) Subject to subsection (3) and to the terms of appointment, if the Ombudsman was, immediately before being appointed Ombudsman, a Public Service employee or a contributor to a superannuation scheme, the Ombudsman—
(a) retains any rights accrued or accruing to the Ombudsman as such an employee or contributor, and (b) may continue to contribute to any superannuation scheme to which the Ombudsman was a contributor immediately before being appointed Ombudsman, and (c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity under the superannuation scheme, as if the Ombudsman had continued to be such an employee or contributor during his or her service as Ombudsman and—
(d) the Ombudsman’s service as Ombudsman is taken to be service as an employee for the purpose of any law under which those rights accrued or were accruing, under which the Ombudsman continues to contribute or by which that entitlement is conferred, and (e) the Ombudsman is taken to be an employee, and the Minister is taken to be the Ombudsman’s employer, for the purposes of the superannuation scheme to which the Ombudsman is entitled to contribute under this subsection.
(1) The Ombudsman shall not, nor shall an officer of the Ombudsman who is not a member of the Police Force, be competent or compellable to give evidence or produce any document in any legal proceedings in respect of any information obtained by the Ombudsman or officer in the course of the Ombudsman’s or officer’s office.
(1) The Ombudsman shall not, nor shall an officer of the Ombudsman, be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings in respect of any act, matter or thing done or omitted to be done for the purpose of executing this or any other Act unless the act, matter or thing was done, or omitted to be done, in bad faith.
(1) Where any question arises as to the jurisdiction of the Ombudsman to conduct an investigation or proposed investigation (whether under this or any other Act), the Ombudsman, or any interested party, may apply to the Supreme Court for a determination of that question.
(1) The Ombudsman may refer to the Civil and Administrative Tribunal for the opinion of the Tribunal any legal question arising out of any decision made in the exercise of any of the functions of an agency that the Ombudsman is investigating, but only if the exercise of the function is an administratively reviewable decision within the meaning of the . Administrative Decisions Review Act 1997
(1) The Ombudsman and President of the Civil and Administrative Tribunal may enter into arrangements regarding any of the following—
(a) matters that the Tribunal will refer to the Ombudsman where it considers that the matter can be the subject of a complaint, inquiry, investigation or other action under the and that it would be more appropriate for the Ombudsman to deal with the matter, Ombudsman Act 1974 (b) matters that the Ombudsman will refer to the Tribunal where the Ombudsman considers that the matter can be the subject of an administrative review application and that it would be more appropriate for the Tribunal to deal with it, (c) matters that are the subject of an administrative review application and that are also the subject of a complaint, inquiry, investigation or other action under the , Ombudsman Act 1974 (d) the co-operative exercise of the respective functions of the Ombudsman and the Tribunal. (2) The Ombudsman and President are jointly to cause notice of any arrangements entered into under this section to be published in the Gazette as soon as is practicable after they are entered into. However, a failure to publish any such arrangements does not affect their validity.
(1) If the Ombudsman receives an online complaint that appears to relate to the conduct of a public authority, the Ombudsman is required to refer the complaint to the public authority.
(1) A person shall not—
(a) without lawful excuse, wilfully obstruct, hinder or resist the Ombudsman or an officer of the Ombudsman in the exercise of the Ombudsman’s or officer’s powers under this or any other Act, (b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Ombudsman or an officer of the Ombudsman under this or any other Act, or (c) wilfully make any false statement to or mislead, or attempt to mislead, the Ombudsman or an officer of the Ombudsman in the exercise of the Ombudsman’s or officer’s powers under this or any other Act. Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
(1) The Ombudsman may charge reasonable fees for the following—
(a) conciliation services provided by the Ombudsman under the , section 74, Public Interest Disclosures Act 2022 (b) training services provided by the Ombudsman under the , section 48(2). Public Interest Disclosures Act 2022
(1) Two or more relevant agencies may enter into an arrangement for the referral of complaints between them (a complaint referral arrangement ).(2) Under a complaint referral arrangement—
(a) any agency that is party to the arrangement may be authorised to refer to any other such agency any complaint received by it that appears to be within, or partly within, the other agency’s jurisdiction, and (b) a complaint that is within, or partly within, more than one agency’s jurisdiction may be referred to one of them, some of them or all of them. (3) A complaint may be referred under a complaint referral arrangement regardless of any action that has been taken in relation to the complaint by the agency that received it.
(1) Two or more relevant agencies may enter into an arrangement for the sharing of information held by them (an information sharing arrangement ).(2) Under an information sharing arrangement, any agency that is party to the arrangement may be authorised to do either or both of the following (but only to the extent that the activity concerned is reasonably necessary to assist the agency to carry out its functions)—
(a) to receive information obtained by any other such agency with respect to a complaint dealt with by that other agency, (b) to be present during any investigation or hearing conducted by any other such agency with respect to a complaint.
(Section 12) 1 Conduct of—
(a) the Governor, whether acting with or without the advice of the Executive Council, (b) a Minister of the Crown, including a Minister of the Crown acting as a corporation sole, but not so as to preclude conduct of a public authority relating to a recommendation made to a Minister of the Crown, (c) Parliament, (d) the Houses of Parliament, (e) a committee of either House, or both Houses, of Parliament, (f) either House of Parliament, (g) a member of either House of Parliament, where acting as such, (h) an officer of Parliament or of either House of Parliament, where acting as such, (i) the Children’s Guardian or an officer of the Children’s Guardian in relation to a matter—
(i) that is an inquiry, complaint, notification or investigation under Part 3A of this Act, as in force immediately before its repeal, and (ii) that was transferred to the Children’s Guardian under the . Children’s Guardian Act 2019 2 Conduct of—
(a) a court or a person associated with a court, or (b) a person or body (not being a court) before whom witnesses may be compelled to appear and give evidence, and persons associated with such a person or body, where the conduct relates to the carrying on and determination of an inquiry or any other proceeding. For the purposes of this item, neither the Sheriff nor a sheriff’s officer or any security officer within the meaning of the are taken to be associated with a court referred to in paragraph (a) or a person or body referred to in paragraph (b). Court Security Act 2005 2A Conduct of the Sheriff, or of any sheriff’s officer or any security officer within the meaning of the , in relation to— Court Security Act 2005
(a) the maintenance of court security, or (b) the enforcement of a warrant of arrest or warrant of committal, or (c) the execution of a writ, being conduct engaged in at the direction of a court, or of a Judge or Magistrate presiding over proceedings before a court, but excluding conduct engaged in otherwise than in accordance with such a direction. 3 (1) Conduct of a body of which one or more of the members is appointed by the Governor or a Minister of the Crown where—
(a) at least one member of the body may be appointed by virtue of his or her being a Judge of the Supreme Court of New South Wales, a member of the Industrial Relations Commission of New South Wales, a Judge of the Land and Environment Court of New South Wales or a Judge of the District Court of New South Wales, and (b) such a person, if appointed as such a member, has a right or duty to preside at a meeting of the body at which the person is present. (2) However, sub-item (1) does not apply to the conduct of the Voluntary Assisted Dying Board established under the . Voluntary Assisted Dying Act 2022 4 Conduct of a public authority relating to a Bill for an Act or the making of a rule, regulation or by-law. 5 6 Conduct of a public authority where acting as a legal adviser to a public authority or as legal representative of a public authority. 7 Conduct of the Attorney General, or of the Solicitor General, or of the Director of Public Prosecutions, relating to the commencement, carrying on or termination of any proceedings before a court, including a coronial inquiry and committal proceedings before a magistrate. 8 Conduct of a public authority relating to the carrying on of any proceedings—
(a) before any court, including a coronial inquiry and committal proceedings before a magistrate, or (b) before any other person or body before whom witnesses may be compelled to appear and give evidence. 9 Conduct of a public authority relating to an exercise of the prerogative of mercy. 10 Conduct of a public authority where acting as a commissioner under the or, by the authority of an Act, exercising the powers of such a commissioner. Royal Commissions Act 1923
(Section 41) Audit Office of New South Wales Office of Local Government
(Section 40)