New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994 - SECT 31

31 Disclosure of information and giving of evidence by Ombudsman

(1) The Ombudsman, and any officer of the Ombudsman acting with the approval of the Ombudsman, may:

(a) furnish to the Commission information obtained by the Ombudsman or officer in exercising functions under the Ombudsman Act 1974 , Part 8A (Complaints about conduct of police officers) of the Police Act 1990 or any other Act, or

(b) give evidence before the Commission and produce any document to the Commission, in respect of any such information.

(2) Neither the Ombudsman nor any officer of the Ombudsman can be compelled to give any evidence before the Commission or produce any document before the Commission in respect of information obtained by the Ombudsman or officer in exercising functions as referred to in subsection (1).

(3) This section applies despite sections 34 (Disclosure by Ombudsman or officer) and 35 (Ombudsman or officer as witness) of the Ombudsman Act 1974 and sections 163 (Ombudsman not to publish certain information) and 165 (Ombudsman and officers of Ombudsman not competent or compellable witnesses in respect of certain matters) of the Police Act 1990 , and any other law.

(4) Section 35 of the Ombudsman Act 1974 and section 165 of the Police Act 1990 do not apply in respect of any proceedings for an offence under this Act.

(5) In this section, a reference to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman, an Assistant Ombudsman and a special officer of the Ombudsman.