New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 25F

25F Results of investigation and action taken to be reported to Ombudsman

(1) This section applies to an investigation concerning a reportable allegation, or reportable conviction, against an employee of a designated government or non-government agency that the Ombudsman monitors under this Part.

(2) The head of the agency must, as soon as practicable after being satisfied that the investigation has been concluded:

(a) send to the Ombudsman a copy of any report prepared by or provided to the head of the agency as to the progress or results of the investigation, and copies of all statements taken in the course of the investigation and of all other documents on which the report is based, and

(b) provide the Ombudsman with such comments on the report and statements as the head of the agency thinks fit, and

(c) inform the Ombudsman of the action that has been taken or is proposed to be taken with respect to the reportable allegation or conviction the subject of the investigation.

(3) After receiving that material and information, the Ombudsman may require the head of the agency or any officer involved in the investigation, or both of them, to provide such additional information as the Ombudsman considers necessary to enable the Ombudsman to determine whether the reportable allegation or conviction was properly investigated and whether appropriate action was taken as a result of the investigation.

(4) In subsection (3), "appropriate action" includes (without limitation) any penalty for the making of a reportable allegation that is shown to be false and malicious.