41ADisclosure of information by Ombudsman

#### 41A Disclosure of information by Ombudsman (1) Nothing in this Act shall be taken to preclude the Ombudsman from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of the functions of, or an investigation by, the Ombudsman under this Part if, in the opinion of the Ombudsman, it is in the interests of the Australian Federal Police or any Department, prescribed authority or person (including an AFP appointee), or is otherwise in the public interest, so to disclose that information or to make that statement. (2) The Ombudsman shall not disclose information or make a statement under subsection (1) with respect to a particular investigation where the disclosure of that information, or the making of that statement, is likely to interfere with the carrying out of that or any other investigation or the making of a report under this Part. (3) The Ombudsman shall not, in disclosing information or making a statement under subsection (1) with respect to a particular investigation: (a) set out opinions that are, either expressly or impliedly, critical of the Australian Federal Police or a Department, prescribed authority or person (including an AFP appointee) unless the Ombudsman has complied with subsection 25(7) in relation to the investigation; or (b) disclose the name of a complainant or any other matter that would enable a complainant to be identified unless it is fair and reasonable in all the circumstances to do so. (4) This section has effect notwithstanding subsection 25(2) and section 41 (other than subsection (5) of that section).