Commonwealth Numbered Acts

OMBUDSMAN ACT 1976 No. 181, 1976 - SECT 8

8. (1) Before commencing to investigate under this Act action taken by a
Department or by a prescribed authority, the Ombudsman shall inform the
responsible Minister and the principal officer of the Department or authority
that the action is to be investigated.

(2) An investigation under this Act shall be conducted in private and, subject
to this Act, in such manner as the Ombudsman thinks fit.

(3) Subject to this Act, the Ombudsman may, for the purposes of this Act,
obtain information from such persons, and make such inquiries, as he thinks
fit.

(4) Subject to sub-section (5), it is not necessary for the complainant or any
other person to be afforded an opportunity to appear before the Ombudsman or
any other person in connexion with an investigation by the Ombudsman under
this Act.

(5) The Ombudsman shall not make a report in respect of an investigation under
this Act in which he sets out opinions that are, either expressly or
impliedly, critical of a Department, prescribed authority or person unless,
before completing the investigation, he has-

   (a)  if the opinions relate to a Department or
        prescribed authority-afforded the principal officer of the Department
        or authority and the officer principally concerned in the action to
        which the investigation relates opportunities to appear before him, or
        before an authorized person, and to make such submissions, either
        orally or in writing, in relation to that action as they think fit;
        and

   (b)  if the opinions relate to a person-afforded that person an opportunity
        to appear before him, or before an authorized person, and to make such
        submissions, either orally or in writing, in relation to the action to
        which the investigation relates as he thinks fit.

(6) Where the Ombudsman affords the principal officer of a Department or of a
prescribed authority an opportunity to appear before him, or before an
authorized person, under sub-section (5), the principal officer may appear
before the Ombudsman or before the authorized person in person or a person
authorized by the principal officer may appear before the Ombudsman or before
the authorized person on behalf of the principal officer.

(7) Where the Ombudsman affords a person other than the principal officer of a
Department or of a prescribed authority an opportunity to appear before him,
or before an authorized person, under sub-section (5), the person may, with
the approval of the Ombudsman or of the authorized person, as the case may be,
be represented by another person.

(8) The Ombudsman may, either before or after the completion of an
investigation under this Act, discuss any matter that is relevant to the
investigation with a Minister concerned with the matter.

(9) On the request of the responsible Minister, the Ombudsman shall consult
that Minister before he forms a final opinion on any of the matters referred
to in sub-section 15 (1) or (2) that are relevant to the action under
investigation.

(10) Where the Ombudsman becomes of the opinion, either before or after
completing an investigation under this Act, that there is evidence that a
person, being an officer of a Department or of a prescribed authority, has
been guilty of a breach of duty or of misconduct and that the evidence is, in
all the circumstances, of sufficient force to justify his doing so, the
Ombudsman shall bring the evidence to the notice of-

   (a)  if the person is the principal officer of the Department-the Minister
        administering the Department;

   (b)  if the person is an officer of a Department but not the principal
        officer of that Department-the principal officer of that Department;

   (c)  if the person is the principal officer of a prescribed authority-the
        responsible Minister in respect of the action under investigation; or

   (d)  if the person is an officer of a prescribed authority but not the
        principal officer of that authority-the principal officer of that
        authority.