Tasmanian Consolidated Acts

OMBUDSMAN ACT 1978 - SECT 24

      (1) Except as provided by this Act, section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to an investigation carried out by the Ombudsman as if –

(a) the Ombudsman were a Commission established under section 4 of that Act; and

(b) the investigation were the inquiry being conducted by that Commission under that Act.

      (2) The Crown shall not be entitled to prevent or obstruct records from being produced, or evidence from being given, for the purpose of an investigation under this Act notwithstanding that it would be so entitled if the investigation were a legal proceeding held before a court.

      (3) A person is not excused from giving information, or producing a record or answering a question, when required to do so under this Act on the ground that to do so would disclose legal advice furnished to a government department or other authority to which this Act applies.

      (4) Notwithstanding section 17 or anything in subsections (1) to (3), where the Attorney-General gives to the Ombudsman a document certifying that the disclosure of information concerning a specified matter (including the giving of information in answer to a question), or the disclosure of the contents of a specified record, would be contrary to the public interest because –

(a) the information or record is, or contains or relates to, a communication between a Minister of this State and a Minister of any other Commonwealth jurisdiction, being information or a record that would, if disclosed, prejudice relations between the Government of this State and that of that other jurisdiction;

(b) the information or record is, or contains or relates to, a deliberation or decision of the Cabinet or a committee of the Cabinet; or

(c) the information or record would, if disclosed, prejudice the taking of proceedings for a crime or other offence –