Ombudsman Amendment Act 2012 No 100



An Act to amend the Ombudsman Act 1974, the Crime Commission Act 2012 and the Police Integrity Commission Act 1996 with respect to inquiries by the Ombudsman and the disclosure of information.
1   Name of Act
This Act is the Ombudsman Amendment Act 2012.
2   Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Ombudsman Act 1974 No 68
[1]   Section 19 Inquiries
Insert after section 19 (3):
  
(4)  The Ombudsman may appoint an Australian legal practitioner to assist the Ombudsman for the purposes of an inquiry held by the Ombudsman and the Australian legal practitioner may appear before the inquiry.
[2]   Sections 19A–19C
Insert after section 19:
  
19A   Restriction on publication of evidence
(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must not be published, or must not be published except in such manner, and to such persons, as the Ombudsman specifies.
(2) Public interest The Ombudsman is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest.
(3) Offence A person must not make a publication in contravention of a direction given under this section.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(4) Definition In this section and sections 19B and 19C, inquiry means an inquiry held under section 19.
19B   Publication of evidence given at inquiry
(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.
(2)  Nothing in this section affects section 19A, but a person cannot be punished under both sections for the same publication.
(3)  This section does not apply to an officer of the Ombudsman or an Australian legal practitioner appointed under section 19 (4).
19C   Disclosures prejudicing investigations
(1)  A person who is required by the Ombudsman by a summons issued under section 19 (2) to give evidence or to produce a document or other thing must not disclose any information about the summons that is likely to prejudice the investigation to which it relates.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2)  Subsection (1) does not apply to a summons unless it specifies that information about the summons must not be disclosed.
(3)  A person does not contravene this section if:
(a)  the disclosure is made to an employee, agent or other person in order to obtain information to comply with the summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or
(b)  the disclosure is made to obtain legal advice or representation in relation to the summons, or
(c)  the disclosure is made for the purposes of, or in the course of, legal proceedings, or
(d)  the disclosure is made in accordance with guidelines issued by the Ombudsman or in accordance with the regulations.
(4)  A reference in this section to the disclosure of any information about a summons includes a reference to:
(a)  a disclosure about the existence or nature of the summons or of the investigation to which it relates, and
(b)  a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the summons or of the investigation to which it relates.
[3]   Section 35A Immunity of Ombudsman and others
Insert after section 35A (3):
  
(4)  An Australian legal practitioner assisting the Ombudsman or representing a person at an inquiry held by the Ombudsman has the same protection and immunity as a barrister has in appearing for a party in proceedings in the Supreme Court.
[4]   Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
  
any other Act that amends this Act
Schedule 2 Amendment of Crime Commission Act 2012 No 66
[1]   Section 63 Powers of Inspector
Insert at the end of the section:
  
(2)  A referral of a matter under this section to another public authority or public official for consideration or action must specify in writing the terms of the referral.
[2]   Section 80A
Insert after section 80:
  
80A   Disclosure of information and giving of evidence by Commission to Ombudsman
(1)  The Commissioner, and any officer of the Commission acting with the approval of the Commissioner, may:
(a)  furnish to the Ombudsman information obtained by the Commissioner or officer in exercising functions in relation to the Commission, or
(b)  give evidence before the Ombudsman and produce any document to the Ombudsman in respect of any such information.
(2)  The Commissioner, and any officer of the Commission, can be compelled to give evidence before the Ombudsman or produce a document before the Ombudsman in respect of information obtained by the Commissioner or officer in exercising functions as referred to in subsection (1) only if:
(a)  a matter has been referred by the Inspector of the Crime Commission, or the Inspector of the Police Integrity Commission, to the Ombudsman for investigation, and
(b)  the evidence or document is relevant to the matter referred.
(3)  The Ombudsman may exercise the Ombudsman’s powers under section 19 (2) of the Ombudsman Act 1974 for the purposes of subsection (2).
(4)  This section applies despite section 80 and any other law.
[3]   Schedule 4 Savings, transitional and other provisions
Omit clause 8. Insert instead:
  
8   Secrecy
Sections 80 and 80A apply to and in respect of anything to which section 29 of the repealed Act applied immediately before its repeal and, for that purpose, a reference in section 80:
(a)  to a provision of this Act includes a reference to the corresponding provision of the repealed Act, and
(b)  to the exercise of functions under this Act includes a reference to the exercise of functions under the repealed Act.
[1]   Section 60 Disclosure of information and giving of evidence by Commission to Ombudsman
Omit section 60 (2). Insert instead:
  
(2)  The PIC Commissioner, and any officer of the Commission, can be compelled to give evidence before the Ombudsman or produce a document before the Ombudsman in respect of information obtained by the PIC Commissioner or officer in exercising functions as referred to in subsection (1) only if:
(a)  a matter has been referred by the Inspector of the Police Integrity Commission, or the Inspector of the Crime Commission, to the Ombudsman for investigation, and
(b)  the evidence or document is relevant to the matter referred.
(2A)  The Ombudsman may exercise the Ombudsman’s powers under section 19 (2) of the Ombudsman Act 1974 for the purposes of subsection (2).
[2]   Section 90 Powers of Inspector
Insert at the end of the section:
  
(2)  A referral of a matter under this section to another agency for consideration or action must specify in writing the terms of the referral.