37Notice to person to provide information and documents

37 Notice to person to provide information and documents

(1) If the Ombudsman reasonably believes that a person has, or could take reasonable steps to obtain, information or documents relevant to research or an inquiry under this Division, the Ombudsman may, by notice, require the person to send to the Ombudsman: (a) a statement setting out the specified information; and (b) specified documents. (2) The notice must: (a) be in writing; and (b) specify the period within which the statement and documents referred to in subsection (1) must be sent to the Ombudsman; and (c) be served on the person. (3) The period specified in the notice must be a period of at least 10 business days commencing on the day the notice is served. (4) A person who is served a notice under this section must comply with the notice.

Penalty: 30 penalty units.

(5) A person is not subject to a requirement under subsection (4) if: (a) the person does not have the information or document required; and (b) the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.