42Coercive questioning

42 Coercive questioning

S. 42(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.67).

(1) Integrity Oversight Victoria may require the Ombudsman to provide a written report specifying, in relation to an appearance by a person before the Ombudsman in an investigation under the Ombudsman Act 1973 or any other Act (whether in response to a witness summons or otherwise)—

(a) the name of the person who appeared;

(b) the reasons for the person's appearance;

(c) the place and time of the person's appearance;

(d) the relevance of the appearance to the purpose of the investigation;

(e) the name of any other person who was present during the appearance in an official capacity under any Act;

(2) The Ombudsman must comply with a requirement under subsection (1) as soon as possible after it is made.

S. 42AA inserted by No. 2/2019 s. 135.

42AA Review of notices etc. provided by the Ombudsman

S. 42AA(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.68).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Ombudsman under the specified sections of the Ombudsman Act 1973—

(a) a complaint or referred matter that appears to involve misconduct, or a matter related to that misconduct, notified under section 16F of that Act;

(b) a written report on the issue of a witness summons given under section 18D of that Act;

(c) a direction by the Ombudsman in relation to a specified Australian legal practitioner informed in writing under section 18M(6) of that Act;

(d) a copy of an audio or video recording and any transcript of an appearance provided under section 18Q(7) of that Act;

(e) a copy of a confidentiality notice or associated notice, application or order provided under section 26E of that Act.

(a) whether the requirements under the Ombudsman Act 1973 relating to that matter have been complied with; and

(b) where the Ombudsman has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation; and

(c) where the matter relates to the questioning of a person attending before the Ombudsman—whether the questioning may reasonably be considered as assisting the Ombudsman to achieve the purposes of the investigation to which the attendance relates.

S. 42AA(3) amended by No. 31/2024 s. 113(Sch. 1 item 1. 68(b)).