Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1914 - SECT 3ZZUE

Ombudsman to be given information etc. despite other laws

  (1)   Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this Division, on the ground that giving the information, answering the question, or giving access to the document, as the case may be:

  (a)   would contravene a law; or

  (b)   would be contrary to the public interest; or

  (c)   might tend to incriminate the person or make the person liable to a penalty; or

  (d)   would disclose one of the following:

  (i)   a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976 );

  (ii)   a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976 ) and another person or body, being a communication protected against disclosure by legal professional privilege.

  (2)   However, if the person is a natural person:

  (a)   the information, the answer, or the fact that the person has given access to the document, as the case may be; and

  (b)   any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

are not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against Part   7.4 or 7.7 of the Criminal Code .

  (3)   Nothing in any other law prevents a staff member of the Australian Federal Police from:

  (a)   giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

  (b)   giving access to a record of the Australian Federal Police to the Ombudsman or an inspecting officer;

for the purposes of an inspection under this Division.

  (4)   Nothing in any other law prevents a staff member of the Australian Federal Police from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection   (3).

  (5)   The fact that a person is not excused under subsection   (1) from giving information, answering a question or producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, answer or document.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback