Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 135J

Review of operation of Division

    (1)     The Ombudsman must, as soon as practicable 12 months after the commencement of this Division:

        (a)     conduct a review of the operation of this Division; and

        (b)     prepare a report of the Ombudsman's findings; and

        (c)     give the report to the Minister.

    (2)     In conducting the review, the Ombudsman must consider the following:

        (a)     the grounds for making any public disorder declarations;

        (b)     the exercise by members of the powers conferred by section 135D;

        (c)     whether those powers have been exercised appropriately;

        (d)     whether any amendments should be made to this Division;

        (e)     any other matters that the Ombudsman considers relevant.

    (3)     The Ombudsman may request from the Commissioner any information that the Ombudsman reasonably requires to conduct the review.

    (4)     Subject to subsection (5), the Commissioner must give the Ombudsman any information that the Ombudsman requests as soon as reasonably practicable after the request is made.

    (5)     The Commissioner may refuse to give information to the Ombudsman if the Commissioner believes on reasonable grounds that giving the information could:

        (a)     prejudice the investigation of a contravention, or possible contravention, of a law in force in the Territory; or

        (b)     prejudice any proceedings in a court or tribunal; or

        (c)     enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained; or

        (d)     endanger a person's life or physical safety; or

        (e)     prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention, or possible contravention, of a law in force in the Territory.

    (6)     The Commissioner must give the Ombudsman written reasons for refusing to give any or all of the requested information.

    (7)     This section has effect despite the operation of any other law of the Territory that prohibits or restricts the disclosure of information.



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