Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989 - SECT 7

    (1)     Subject to subsection (2), a complaint under this Act may be made to the ombudsman orally or in writing.

    (2)     Where a complaint is made orally to the ombudsman, the ombudsman may put the complaint in writing or at any time require the complainant to put the complaint in writing and, where the ombudsman makes such a requirement of a complainant, the ombudsman may decline to investigate the complaint, or to investigate the complaint further, until the complainant complies with the requirement.

    (3)     A person who is detained in custody is entitled—

        (a)     upon making a request to the person in whose custody he or she is detained or to any other person performing duties in connection with the detention (the "custodian")—

              (i)     to be provided with facilities for preparing a complaint in writing under this Act, for giving in writing to the ombudsman, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and

              (ii)     to have sent to the ombudsman, without undue delay, a sealed envelope addressed to the ombudsman and delivered by the person in custody to the custodian; and

        (b)     to have delivered to him or her, without undue delay, any sealed envelope addressed to him or her and sent by the ombudsman, that comes into the possession or under the control of the custodian.

    (4)     Where—

        (a)     a sealed envelope addressed to the ombudsman is delivered by a person detained in custody to the custodian for sending to the ombudsman; or

        (b)     a sealed envelope addressed to a person so detained and sent by the ombudsman comes into the possession or under the control of the custodian;

the custodian is not entitled to open the envelope or to inspect any document enclosed in the envelope.

    (5)     For subsections (3) and (4), the ombudsman may make arrangements with the appropriate authority of the Commonwealth or of a State or a Territory for the identification and delivery of sealed envelopes sent by the ombudsman to persons detained in custody.