New South Wales Consolidated Acts

COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 38

38 Provision of information and assistance to Ombudsman

(1) It is the duty of each of the following persons, namely:

(a) a service provider (whether or not a government agency),

(b) the chief executive officer of a service provider,

(c) the relevant Minister for a service provider,

(d) the Department Head, chief executive officer or senior member of any department of the government, statutory body or local authority,

(e) the Commissioner of Police,

(f) the Commissioner for Children and Young People,

(g) the State Coroner,

(h) the holder of any office prescribed by the regulations,

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 Ombudsman’s functions under this Part.

(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 record referred to in subsection (1) and to inspect any non-documentary evidence associated with any such record.

(3) A provision of any Act or law that restricts or denies access to records does not prevent a person to whom this section applies from complying, or affect the person’s duty to comply, with this section.