New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 21A

21A Privilege as regards entry and inspections on public premises

(1) The Ombudsman must not exercise powers under section 20 if it appears to the Ombudsman that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist inspection of the premises or document or thing or production of the document or thing and it does not appear to the Ombudsman that that person consents to the inspection or production.

(2) The powers may however be exercised despite:

(a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or document or thing or to production of the document or thing on grounds of public interest, or

(b) any privilege of a public authority which the public authority might claim in a court of law, other than a claim based on legal professional privilege, or

(c) any duty of secrecy or other restriction on disclosure applying to a public authority.