Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Where the ombudsman has reason to believe that a person is capable of providing information or producing documents or other records relevant to an investigation under this Act, the ombudsman may, by notice in writing served on the person, require the person, at such place, and within such period or on such day and at such time, as are specified in the notice—
(a) to provide to the ombudsman, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or
(b) to produce to the ombudsman such documents or other records as are specified in the notice; or
(c) to provide to the ombudsman any such information and to produce to the ombudsman such documents or other records as are specified in the notice.
(2) Where the ombudsman has reason to believe that an officer of an agency is capable of providing information or producing documents or other records relevant to an investigation under this Act or both providing information and producing documents or other records of that kind, but the ombudsman does not know the identity of the officer, the ombudsman may, by notice in writing served on the principal officer of the agency, require the principal officer or a person nominated by the principal officer, at such place, and within such period or on such day and at such time, as are specified in the notice—
(a) to attend before a person specified in the notice to answer questions relevant to the investigation; or
(b) to produce to a person specified in the notice such documents or other records as are so specified; or
(c) to attend before a person so specified to answer questions of that kind and to produce to a person so specified such documents or other records as are so specified.
(3) Where documents or other records are produced to the ombudsman in accordance with a requirement under subsection (1) or (2) or an order under section 14 (2), the ombudsman—
(a) may take possession of, and may make copies of, or take extracts from, the documents or other records; and
(b) may retain possession of the documents or other records for such period as is necessary for the purposes of the investigation to which the documents or other records relate; and
(c) during that period shall permit a person who would be entitled to inspect any 1 or more of the documents or other records if they were not in the possession of the ombudsman to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect.
(4) Where the ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Act, the ombudsman may, by notice in writing served on the person, require the person to attend before a person specified in the notice, on such day and at such time and place as are specified in the notice, to answer questions relevant to the investigation.
(5) Where the Minister certifies in writing that the disclosure to the ombudsman of information concerning a specified matter (including the providing of information in answer to a question) or the disclosure to the ombudsman of the contents of any documents or records would be contrary to the public interest—
(a) because it would involve the disclosure of communications between a Minister and a Commonwealth Minister or a Minister of a State or of a Territory, being a disclosure that would prejudice relations between the Territory and the Commonwealth, between the Territory and a State or between the Territory and another Territory, as the case may be; or
(b) because it would involve the disclosure of deliberations or decisions of the Executive or of a committee of the Executive;
the ombudsman is not entitled to require a person to provide any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the ombudsman.
(6) Where the Commonwealth Attorney-General certifies in writing that the disclosure to the ombudsman of information concerning a specified matter (including the providing of information in answer to a question) or the disclosure to the ombudsman of the contents of any documents or records would be contrary to the public interest—
(a) because it would prejudice the security, defence or international relations of the Commonwealth; or
(b) because it would involve the disclosure of communications between a Commonwealth Minister and a Minister of a State or of a Territory, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State or of a Territory, as the case may be; or
(c) because it would involve the disclosure of deliberations or decisions of the Commonwealth Cabinet or of a committee of the Cabinet;
the ombudsman is not entitled to require a person to provide any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the ombudsman.
(7) Notwithstanding the provisions of any enactment, a person is not excused from providing any information, producing a document or other record or answering a question when required to do so under this Act on the ground that the providing of the information, the production of the document or record or the answer to the question—
(a) would contravene the provisions of any other enactment, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty; or
(b) would disclose legal advice provided to a Minister or an agency;
but the information, the production of the document or record or the answer to the question is not admissible in evidence against the person in proceedings other than—
(c) an application under section 14 (2); or
(d) proceedings for an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents).
(8) A person is not liable to any penalty under the provisions of any other enactment because of the person having furnished information, produced a document or other record or answered a question when required to do so under this Act.
(9) The reference in subsection (1) to an "officer", in relation to a body corporate, being a body corporate that is not a prescribed authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.