Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to this Act, the Ombudsman –
(a) may regulate the procedure in an investigation in any manner he or she considers appropriate; and
(b) is not required to hold a hearing for an investigation; and
(c) may obtain information from any persons in any manner he or she considers appropriate; and
(d) may make any inquiries he or she considers appropriate.
(2) The Ombudsman may take into account in an investigation any information obtained in the course of making preliminary inquiries under section 20A.
(3) An investigation by the Ombudsman under this Act is to be conducted in private.
(4) The Ombudsman may determine –
(a) if any person may be represented, by counsel or otherwise, at an investigation; and
(b) if the person is allowed to be represented, the conditions or restrictions subject to which the person may be represented.
(5) The Ombudsman is not to make a report on an investigation that contains adverse or derogatory comments in respect of a person unless the Ombudsman has given the person an opportunity, in respect of the matter under investigation –
(a) to appear before him or her; or
(b) to make representations, either orally or in writing.
(6) The Ombudsman is not to make a report on an investigation that contains adverse or derogatory comments in respect of a public authority unless the Ombudsman has given the relevant principal officer, and the member, officer or employee of the public authority principally concerned in the taking of the administrative action to which the investigation relates, an opportunity –
(a) to appear before him or her; or
(b) to make representations, either orally or in writing.
(7) If, during or after an investigation, the Ombudsman is of the opinion that there is evidence of a breach of duty or misconduct on the part of any member, officer or employee of a public authority, and that, in all the circumstances, the evidence is of sufficient force to justify his or her doing so, the Ombudsman is to bring the evidence –
(a) if the member, officer or employee is the principal officer of the public authority, to the notice of the responsible Minister; and
(b) in any other case, to the notice of the principal officer of the public authority.
(8) The Ombudsman may, either before or after the completion of an investigation, discuss any matter that is relevant to the investigation with a Minister concerned with that matter.