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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 46 Notice of investigation

PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 46

Notice of investigation

(1)  Before conducting an investigation of a disclosed matter, the Ombudsman must in writing inform the relevant person or body listed in subsection (2) of his or her intention to do so.
(2)  For the purposes of subsection (1) , information must be given to –
(a) if the disclosed matter relates to a public body or public officer (other than a member of Parliament), either the relevant Minister or the principal officer of the public body; or
(ab) if the disclosed matter relates to –
(i) a member of the House of Assembly, the Speaker of the House; or
(ii) a member of the Legislative Council, the President of the Council; or
(b) if the disclosed matter relates to the mayor of a council, the relevant Minister; or
(c) if the disclosed matter relates to a councillor (other than the mayor), the mayor and the relevant Minister; or
(d) if the disclosed matter relates to the general manager of a council –
(i) the relevant Minister; or
(ii) the mayor of that council and a senior officer of that council nominated by that council; or
(e) if the disclosed matter relates to any other employee of a council, the mayor and the general manager of the relevant council; or
(f) if the disclosed matter relates to a person performing functions under the Parliamentary Privilege Act 1898  –
(i) in the House of Assembly, the Speaker of the House; and
(ii) in the Legislative Council, the President of the Council; or
(g) if the disclosed matter relates to a person employed in an office of a Minister, Parliamentary Secretary or other Member of Parliament, whether in accordance with the State Service Act 2000 , Parliamentary Privilege Act 1898 or otherwise, the Minister administering this Act.