OMBUDSMAN ACT 1973 - SECT 16E Notification to IBAC
OMBUDSMAN ACT 1973 - SECT 16E
Notification to IBACS. 16E(1) substituted by No. 30/2016 s. 63(1).
(1) Subject to any exemption notice issued under section 57B of the Independent Broad‑based Anti-corruption Commission Act 2011 , the Ombudsman must notify the IBAC of the following—
(a) a complaint or referred matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred;
(b) a matter that the Ombudsman suspects on reasonable grounds involves corrupt conduct or police personnel misconduct occurring or having occurred, of which the Ombudsman becomes aware in the course of dealing with a complaint, conducting an own motion investigation or performing any other functions under this Act.
S. 16E(2) amended by No. 2/2019 s. 155(1).
(2) If the Ombudsman notifies the IBAC of a complaint under subsection (1), the Ombudsman must advise the complainant that the complaint has been notified to the IBAC for assessment.
S. 16E(3) amended by Nos 82/2012 s. 313(f), 2/2019 s. 155(2).
(3) Subsection (1) does not apply to anything referred to the Ombudsman by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 .
S. 16E(4) amended by Nos 82/2012 s. 313(f), 30/2016 s. 63(2), 2/2019 s. 155(3).
(4) If the Ombudsman considers at any time that anything referred to the Ombudsman by the IBAC under section 73 of the Independent Broad-based Anti-corruption Commission Act 2011 appears to involve conduct that is corrupt conduct that the IBAC may not be aware of, the Ombudsman must inform the IBAC.
S. 16E(4A) inserted by No. 2/2019 s. 155(4).
(4A) The Ombudsman must notify the IBAC under this section in the form agreed to in writing between the Ombudsman and the IBAC.
(5) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.
S. 16F inserted by No. 82/2012 s. 231.