After section 92—
insert—
92A Protection in particular proceedings(1) A person who is, or was, an officer of the ombudsman may not be called to give evidence or produce a document in a proceeding in relation to a matter coming to the person’s knowledge while performing functions under this Act.(2) However, this section does not apply in relation to—(a) a proceeding under section 17 or 39; or(b) a proceeding for a relevant offence; or(c) a proceeding against the ombudsman under the Judicial Review Act 1991 .(3) In this section—
"officer of the ombudsman" includes the ombudsman.
"relevant offence" means—(a) an offence against this Act; or(b) an offence against the Criminal Code , section 120, 123 or 126 to 130, as applied under section 44 of this Act.