OMBUDSMAN ACT 1973 - SECT 25AA Transmission of sections 23(6) and 25 reports to Parliament

OMBUDSMAN ACT 1973 - SECT 25AA

    (1)     The Ombudsman must cause a report under section 23(6) or 25 to be transmitted to each House of the Parliament—

S. 25AA(1)(a) amended by No. 2/2019 s. 178.

        (a)     in the case of a report under section 25(1) or (1A)—as soon as practicable after the end of the financial year to which it relates;

        (b)     in the case of a report under subsection 23(6) or 25(2)—as soon as practicable after it is completed.

    (2)     The clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day of the House.

    (3)     If the Ombudsman proposes to transmit a report to Parliament when Parliament is in recess, the Ombudsman must—

S. 25AA(3)(a) amended by No. 30/2016 s. 70(4)(g).

        (a)     give one business day's notice of intention to do so to the clerk of each House of the Parliament; and

        (b)     give the report to the clerk of each House on the day indicated in the notice; and

        (c)     publish the report on the Ombudsman's Internet website as soon as practicable after giving it to the clerks.

    (4)     The clerk of each House must—

        (a)     notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives that notice; and

        (b)     give a copy of a report to each member of the House as soon as practicable after the report is received under subsection (3)(b); and

        (c)     cause the report to be laid before the House on the next sitting day of the House.

    (5)     A report that is given to the clerks under subsection (3)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.

    (6)     The publication of a report by the Ombudsman under subsection (3)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.

S. 25AA(7) substituted by No. 30/2016 s. 68.

    (7)     For the purposes of this section, Parliament is in recess when neither House is sitting.

S. 25AAB inserted by No. 2/2019 s. 164.