Commonwealth Numbered Acts

OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 9

9. (1) The Ombudsman may, by notice in writing, require a person whom he
believes to be capable of giving information relevant to an investigation
under this Act to furnish to him in writing, within a period specified in the
notice, such information, and to produce to him such documents and other
records, being information, documents or records relevant to the
investigation, as are specified in the notice.

(2) For the purposes of an investigation under this Act, the Ombudsman may, by
notice in writing, require-

   (a)  the complainant;

   (b)  if the complaint was made to the Ombudsman by the complainant at the
        request of another person or of a body of persons-that other person or
        a person included in that body of persons;

   (c)  an officer of a Department, or of a prescribed authority, who is, in
        the opinion of the Ombudsman, able to give information relevant to the
        investigation; or

   (d)  with the approval of the Minister, any other person who is, in the
        opinion of the Ombudsman, able to give any such information, to attend
        before him at a time and place specified in the notice and there to
        answer questions relevant to the investigation.

(3) Where the Attorney-General furnishes to the Ombudsman a certificate
certifying that the disclosure of information concerning a specified matter
(including the furnishing of information in answer to a question) or the
disclosure of the contents of any documents or records would be contrary to
the public interest-

   (a)  by reason that it would prejudice the security, defence or
        international relations of the Commonwealth;

   (b)  by reason that it would involve the disclosure of communications
        between a Minister and a Minister of a State, being a disclosure that
        would prejudice relations between the Commonwealth Government and the
        Government of a State;

   (c)  by reason that it would involve the disclosure of deliberations or
        decisions of the Cabinet or of a Committee of the Cabinet; or

   (d)  by reason that it would involve the disclosure of deliberations or
        decisions of the Executive Council of the Northern Territory of
        Australia established under section 4ZA of the Northern Territory
        (Administration) Act 1910, the Ombudsman is not entitled to require a
        person to furnish any information concerning the matter, to answer
        questions concerning the matter or to produce those documents or
        records to the Ombudsman.

(4) Notwithstanding the provisions of any enactment, a person is not excused
from furnishing 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 furnishing of the information, the production of the document or record or
the answer to the question-

   (a)  would contravene the provisions of any other Act, would be contrary to
        the public interest or might tend to incriminate him or make him
        liable to a penalty; or

   (b)  would disclose legal advice furnished to a Minister, a Department or a
        prescribed authority, but his answer to any such question is not
        admissible in evidence against him in proceedings other than
        proceedings for an offence against section 36.

(5) A person is not liable to any penalty under the provisions of any other
enactment by reason of his furnishing information, producing a document or
other record or answering a question when required to do so under this Act.