New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 34

34 Disclosure by Ombudsman or officer

(1) The Ombudsman shall not, nor shall an officer of the Ombudsman, disclose any information obtained by the Ombudsman or officer in the course of the Ombudsman’s or officer’s office, unless the disclosure is made:

(a) where the information is obtained from a public authority, with the consent of the head of that authority or of the responsible Minister,

(b) where the information is obtained from any other person:

(i) with the consent of that person, or

(ii) for the purpose of proceedings with respect to the discipline of police officers before the Commissioner of Police or the Government and Related Employees Appeal Tribunal,

(b1) to a police officer, the Department of Community Services or any other public authority that the Ombudsman considers appropriate in the circumstances if the information relates to the safety, welfare or well-being of a particular child or young person (or a class of children or young persons),

(b2) to any person if the Ombudsman believes on reasonable grounds that disclosure to that person is necessary to prevent or lessen the likelihood of harm being done to any person (but only if the Ombudsman also believes on reasonable grounds that there is a risk of harm (including self-harm) being done to any person),

(b3) for the purpose of any proceedings under Division 2 of Part 5 of the Freedom of Information Act 1989 arising as a consequence of a determination made by the Ombudsman under section 24 or 43 of that Act,

(b4) for the purpose of any proceedings under section 167A of the Police Act 1990 ,

(c) for the purpose of any proceedings under section 37 or under Part 3 of the Royal Commissions Act 1923 or Part 4 of the Special Commissions of Inquiry Act 1983 ,

(c1) to a police officer (or any other investigative authority that the Ombudsman considers appropriate) for the purpose of making any inquiry, or carrying out any investigation, to determine whether any proceedings referred to in paragraph (c) should be instituted, or

(d) for the purpose of discharging his or her functions under this or any other Act.

Maximum penalty: 10 penalty units.

(2) Subsection (1) does not prevent the Ombudsman from furnishing any information relating to:

(a) a matter arising under a law of another State, the Commonwealth or a Territory of the Commonwealth, or

(b) an undertaking that is or was being carried out jointly by New South Wales and another State, the Commonwealth or a Territory of the Commonwealth,

to a person exercising under a law of that other State, the Commonwealth or that Territory, as the case may be, functions similar to those exercised by the Ombudsman under this Act.

(2A) Subsection (1) does not operate to render admissible in evidence in any proceedings any document that would not have been so admissible if this section had not been enacted.

(3) Without limiting the operation of subsection (1) (a), in the application of subsection (1) to and in respect of information received in the course of an investigation under this Act of police conduct, the reference in that subsection:

(a) to a public authority-shall be construed as a reference to a police officer,

(b) to the head of that authority-shall be construed as a reference to the Commissioner, and

(c) to the responsible Minister-shall be construed as a reference to the Minister administering the Police Act 1990 .

(4) If:

(a) the Ombudsman, or an officer of the Ombudsman, is to give evidence before, or to produce the whole or any part of a document to, the Joint Committee, and

(b) the evidence proposed to be given, or the whole or any part of the document proposed to be produced, would disclose information obtained by the Ombudsman or officer, in the course of his or her office, from a public authority or other person, and

(c) the public authority or other person has informed the Ombudsman or officer that the information is confidential,

the Ombudsman or officer must make a request under section 31H (1) for the evidence to be taken in private or for a direction to be given that the document, or part of the document, be treated as confidential.

(5) In the case of information obtained from a public authority or other person as referred to in subsection (4), a reference in section 31H to the consent in writing of a witness, in relation to the disclosure or publication of evidence, is to be construed as a reference to the consent in writing of the public authority or other person.