New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZO

26ZO Monitoring by Ombudsman

(1) For the period of 5 years after the commencement of this Part, the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers or correctional officers under this Part.

(2) For that purpose, the Ombudsman may require the Commissioner of Police or any public authority to provide information about the exercise of those powers.

(3) The Commissioner of Police is to ensure that the Ombudsman:

(a) is duly notified of the making of a preventative detention order or prohibited contact order, and given a copy of any such order, and

(b) if a person is taken into custody under a preventative detention order-is duly notified that the person has been taken into custody, and

(c) if an order is revoked-is duly notified of the revocation.

(4) The Ombudsman must, as soon as practicable after the expiration of:

(a) 2 years after the commencement of this Part, and

(b) 5 years after that commencement,

prepare reports on the exercise of those powers and furnish a copy of the reports to the Attorney General and the Minister for Police.

(5) The reports are to be tabled by the Attorney General in each House of Parliament as soon as practicable after they are received by the Attorney General.

(6) If a House of Parliament is not sitting when the Attorney General seeks to table a report, copies of the report are to be presented to the Clerk of the House concerned by the Attorney General.

(7) The report:

(a) is, on presentation and for all purposes, taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d) is to be recorded:

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.

(8) The report may be included with the report prepared by the Ombudsman under section 27ZC so long as the requirements of this section are complied with in relation to the report prepared under this section.