New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 35

35 Ombudsman, officer or expert as witness

(1) The Ombudsman shall not, nor shall an officer of the Ombudsman who is not a member of the Police Force, be competent or compellable to give evidence or produce any document in any legal proceedings in respect of any information obtained by the Ombudsman or officer in the course of the Ombudsman’s or officer’s office.

(2) Subsection (1) does not apply to any legal proceedings:

(a) under section 21A, 35A, 35B or 37,

(b) under Part 3 of the Royal Commissions Act 1923 ,

(c) under Part 4 of the Special Commissions of Inquiry Act 1983 ,

(d) under Part 5 of the Government Information (Public Access) Act 2009 arising as a consequence of a decision made by the Ombudsman in respect of an access application under that Act,

(e) under section 167A of the Police Act 1990 .

(3) Subsection (1) applies to a person whose services are engaged under section 23 in the same way as it applies to the Ombudsman and officers of the Ombudsman.