OMBUDSMAN ACT 2001 - SECT 39
Punishment of contempt
OMBUDSMAN ACT 2001 - SECT 39
Punishment of contempt
39 Punishment of contempt
(1) A person’s contempt of the ombudsman may be punished under this section.
(2) The ombudsman may certify the contempt in writing to the Supreme Court
(the
"court" ).
(3) For subsection (2) , it is enough for the ombudsman to be
satisfied there is evidence of contempt.
(4) The court may issue a warrant
directed to a police officer for the arrest of the person to be brought before
the court to be dealt with according to law.
(5) The Bail Act 1980applies to
the proceeding for the contempt started by the certification in the same way
it applies to a charge of an offence.
(6) The court must inquire into the
alleged contempt.
(a) witnesses and evidence that
may be produced against or for the person whose contempt was certified; and
(b) any statement given by the person in defence.
(8) If the court is
satisfied the person has committed the contempt, the court may punish the
person as if the person had committed the contempt in a proceeding in the
court for the enforcement of a non-money order.
(9) The
Uniform Civil Procedure Rules 1999, so far as they relate to the enforcement
of non-money orders, apply, with necessary changes, to the court’s
investigation, hearing and power to punish.
(10) The ombudsman’s
certificate of contempt is evidence of the matters stated in the certificate.