New South Wales Repealed Acts

This legislation has been repealed.

OMBUDSMAN AND PUBLIC INTEREST DISCLOSURES LEGISLATION AMENDMENT ACT 2014 - SCHEDULE 1

SCHEDULE 1 – Amendment of Ombudsman Act 1974 No 68

Section 35 Ombudsman, officer or expert as witness

Omit section 35 (3). Insert instead:

(3) Subsection (1) applies to the following persons in the same way as it applies to the Ombudsman and officers of the Ombudsman:

(a) a former Ombudsman,

(b) a former officer of the Ombudsman,

(c) an Australian legal practitioner who is or was appointed under section 19 (4) to assist the Ombudsman,

(d) a person whose services are or were engaged under section 23.

(4) Subsection (3) extends to information obtained by those persons before its substitution by the Ombudsman and Public Interest Disclosures Legislation Amendment Act 2014 .

(5) The Committee on the Ombudsman, the Police Integrity Commission and the Crime Commission is to review the operation of subsections (3) and (4) as soon as possible after 5 March 2016.

Explanatory note: The proposed amendment to the Ombudsman Act 1974 ensures that former office holders (including the Ombudsman), experts formerly engaged to assist the Ombudsman and Australian legal practitioners appointed or formerly appointed to assist the Ombudsman cannot give evidence or produce any document in legal proceedings in respect of any information obtained in the course of office or service with the Ombudsman. At present, current office holders and experts currently engaged to assist the Ombudsman cannot give such evidence or produce such documents in legal proceedings.