Commonwealth Numbered Acts

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 15

15. Section 27 of the Principal Act is amended -

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

"(1) Where the Ombudsman has reason to believe that a person is capable of
furnishing information or producing documents or other records relevant to an
investigation under this Part, the Ombudsman may, by notice in writing served
on the person, require that person, at such place, and within such period or
on such date and at such time, as are specified in the notice -

   (a)  to furnish to the Ombudsman, by writing signed by that person
or, in the case of a body corporate, by an officer of the body
corporate, any such information; or

   (b)  to produce to the Ombudsman such documents or other
records as are specified in the notice.";

   (b)  by omitting sub-section (3) and substituting the following
        sub-sections:

"(3) Where documents or other records are produced to the Ombudsman in
accordance with a requirement under sub-section (1) or an order under
sub-section 28A (1), the Ombudsman -

   (a)  may take possession of, and may make copies of, or take
extracts from, the documents or other records;

   (b)  may retain possession of the documents or other records for
such period as is necessary for the purposes of the investigation
to which the documents or other records relate; and

   (c)  during that period shall permit a person who would be entitled
to inspect any one or more of the documents or other records if
they were not in the possession of the Ombudsman to inspect at
all reasonable times such of the documents or other records as
that person would be so entitled to inspect.

"(3A) Where the Ombudsman has reason to believe that a person is able to give
information relevant to an investigation under this Part, the Ombudsman may,
by notice in writing served on the person, require the person to attend before
him, on such date and at such time and place as are specified in the notice,
to answer questions relevant to the investigation.";
(c) by inserting in sub-section (4) "to the Ombudsman" after "disclosure"
(first and second occurring);

   (d)  by omitting from the end of paragraph (4) (b) "or";

   (e)  by inserting after paragraph (4) (c) the following word and
paragraph: "; or (d) by reason that it would involve the disclosure of
deliberations or advice of the Executive Council,";

   (f)  by omitting from sub-section (5) "other than proceedings for an
        offence against section 44." and substituting - "other than -

   (d)  an application under sub-section 28A (1); or

   (e)  proceedings for an offence against section 44."; and

   (g)  by adding at the end thereof the following sub-section:

"(8) The reference in sub-section (1) to an officer, in relation to a body
corporate, being a body corporate that is not a prescribed authority, includes
a reference to a director, secretary, executive officer or employee of the
body corporate.".