27Power to obtain information and documents

#### 27 Power to obtain information and documents (1) Where the Ombudsman has reason to believe that a person is capable of furnishing information or producing documents or other records relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require that person, at such place, and within such period or on such date and at such time, as are specified in the notice: (a) to furnish to the Ombudsman, by writing signed by that person or, in the case of a body corporate, by an officer of the body corporate, any such information; or (b) to produce to the Ombudsman such documents or other records as are specified in the notice. (2) Without limiting the application of subsection (1), the Commissioner shall, at the request, in writing, of the Ombudsman, cause any documents that are in the possession or under the control of the Investigation Division and that relate to the investigation by the Investigation Division of a complaint that is being investigated under this Part to be produced to the Ombudsman. (3) Where documents or other records are produced to the Ombudsman in accordance with a requirement under subsection (1) or an order under subsection 28A(1), the Ombudsman: (a) may take possession of, and may make copies of, or take extracts from, the documents or other records; (b) may retain possession of the documents or other records for such period as is necessary for the purposes of the investigation to which the documents or other records relate; and (c) during that period shall permit a person who would be entitled to inspect any one or more of the documents or other records if they were not in the possession of the Ombudsman to inspect at all reasonable times such of the documents or other records as that person would be so entitled to inspect. (3A) Where the Ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Part, the Ombudsman may, by notice in writing served on the person, require the person to attend before him or her, on such date and at such time and place as are specified in the notice, to answer questions relevant to the investigation. (4) Where the Attorney‑General furnishes to the Ombudsman a certificate certifying that the disclosure to the Ombudsman of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure to the Ombudsman of the contents of any documents or records would be contrary to the public interest: (a) by reason that it would prejudice the security, defence or international relations of the Commonwealth; (b) by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of the State; (c) by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or (d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council; the Ombudsman is not entitled to require a person to furnish any information concerning the matter, or to produce those documents or records to the Ombudsman. (5) Notwithstanding the provisions of any enactment, a person is not excused from furnishing any information, producing a document or other record or answering a question when required to do so under this Part on the ground that: (a) the furnishing of the information, the production of the document or record or the answering of the question: (i) would contravene the provisions of any other enactment; (ii) would be contrary to the public interest; or (iii) might make him or her liable to a penalty; (b) the information, the production of the document or record or the answer to the question might tend to incriminate him or her; or (c) the information, the document or record or the answer would disclose legal advice furnished to a Minister, to a Department, to the Australian Federal Police or to a prescribed authority; but the information, the production of the document or record or the answer to the question is not admissible in evidence against him or her in proceedings other than: (d) an application under subsection 28A(1); or (e) proceedings for an offence against section 44; or (ea) a prosecution for an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act; or (f) proceedings in relation to a breach of discipline. (6) A person is not liable to any penalty under the provisions of any other enactment by reason of his or her furnishing information, producing a document or other record or answering a question when required to do so under this Part. (7) In this section, a reference to a State shall be construed as including a reference to the Northern Territory. (8) The reference in subsection (1) to an officer, in relation to a body corporate, being a body corporate that is not a prescribed authority, includes a reference to a director, secretary, executive officer or employee of the body corporate.