Commonwealth Numbered Acts

OMBUDSMAN (MISCELLANEOUS AMENDMENTS) ACT 1983 No. 62, 1983 - SECT 25

25. After section 41 of the Principal Act the following section is inserted:
Disclosure of information by Ombudsman

"41A. (1) Nothing in this Act shall be taken to preclude the Ombudsman from
disclosing information, or making a statement, to any person or to the public
or a section of the public with respect to the performance of the functions
of, or an investigation by, the Ombudsman under this Part if, in the opinion
of the Ombudsman, it is in the interests of the Australian Federal Police or
any Department, prescribed authority or person (including a member), or is
otherwise in the public interest, so to disclose that information or to make
that statement.

"(2) The Ombudsman shall not disclose information or make a statement under
sub-section (1) with respect to a particular investigation where the
disclosure of that information, or the making of that statement, is likely to
interfere with the carrying out of that or any other investigation or the
making of a report under this Part.

"(3) The Ombudsman shall not, in disclosing information or making a statement
under sub-section (1) with respect to a particular investigation -

   (a)  set out opinions that are, either expressly or impliedly, critical of
        the
Australian Federal Police or a Department, prescribed authority or
person (including a member) unless the Ombudsman has complied
with sub-section 25 (7) in relation to the investigation; or

   (b)  disclose the name of a complainant or any other matter that would
enable a complainant to be identified unless it is fair and reasonable in
all the circumstances to do so.

"(4) This section has effect notwithstanding sub-section 25 (2) and section 41
(other than sub-section (5) of that section).".