165Relationship with Ombudsman and Children’s Guardian

#### 165 Relationship with Ombudsman and Children’s Guardian 165 Relationship with Ombudsman and Children’s Guardian > > (1) Conduct of the Commission or an officer of the Commission cannot be made the subject of a complaint, inquiry, investigation or other action under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), except in relation to matters referred to the Ombudsman or the Children’s Guardian by the Inspector. > > > (2) Conduct of the Inspector or an officer of the Inspector can be made the subject of a complaint, inquiry, investigation or other action under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025). > > > > Note. > > > > Protections may be available under the following provisions to persons who make a complaint referred to in this subsection— > > > > > (a) the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), Part 3—if the complaint is a public interest disclosure, > > > > > (b) Part 6A—if the making of the complaint is protected action within the meaning of the Part. > > > > See also sections 125 and 166. > > > (3) The Ombudsman must give the Commission notice in writing of any complaint received by the Ombudsman (or misconduct information of which the Ombudsman becomes aware) under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) concerning the NSW Police Force or members of the NSW Police Force that consists of or involves a reportable allegation or reportable conviction (within the meaning of Part 3C of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068)), or the inappropriate handling or response to such an allegation or conviction. > > > (3A) The Children’s Guardian must give the Commission notice in writing of any complaint received by the Children’s Guardian (or misconduct information of which the Children’s Guardian becomes aware) under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025) concerning the NSW Police Force or members of the NSW Police Force that consists of or involves— > > > > > (a) a reportable allegation or a conviction considered to be a reportable conviction (within the meaning of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025)), or > > > > > (b) the inappropriate handling or response to the allegation or conviction. > > > > Note. > > > > The Ombudsman and the Children’s Guardian are under a duty under section 33 to report possible officer misconduct or serious maladministration to the Commission and may refer a complaint received by the Ombudsman or Children’s Guardian to the Commission. > > > (4) The Commission and the Ombudsman, or the Commission and the Children’s Guardian, may enter into arrangements regarding— > > > > > (a) notifiable matters that the Commission may decide to investigate, take over the investigation of or otherwise deal with under this Act, or > > > > > (b) notifiable matters that the Ombudsman or the Children’s Guardian may, with the consent of the Commission, deal with or continue to deal with under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), as appropriate, or > > > > > (c) the furnishing of reports by the Ombudsman or the Children’s Guardian on action taken in relation to matters referred to in paragraph (b), or > > > > > (d) the exchange of information between the Ombudsman and the Commission for the purposes of the Ombudsman’s functions under the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), Part 6. > > > (5) In this section— > > > > notifiable matter means a matter notice of which is required to be given under subsection (3) or (3A). > > **s 165:** Am 2019 No 25, Sch 5.25\[7\]–\[13\]; 2022 No 14, Sch 6\[21\] \[22\].