VICIn ForceAct
Ombudsman Act 1973
18KPrivileges in relation to witness summons and investigations
Start here
Get a plain-English read of 18K
Turn the raw legal text into a practical explanation grounded in Ombudsman Act 1973.
18K Privileges in relation to witness summons and investigations
(1) Any provision of another enactment or any rule of law that—
(a) prohibits the disclosure of information or production of a document or other thing by a person in the service of the Crown, an authority or a public interest disclosure entity; or
(b) imposes an obligation to maintain secrecy on a person in the service of the Crown, an authority or a public interest disclosure entity; or
(c) imposes a duty of confidentiality in relation to the disclosure of information or production of a document or other thing—
does not apply to the disclosure of information or production of a document or other thing for the purposes of an investigation under this Act or a witness summons.
(2) The Crown is not entitled to assert any privilege in relation to a requirement to produce a document or other thing or to give information in relation to an investigation under this Act or a witness summons.
(3) Any privilege referred to in subsection (2) is abrogated.
(4) A person is not, in relation to an investigation under this Act or a witness summons, entitled to the privilege provided for in Division 1C of Part 3.10 of the **Evidence Act 2008**.
(5) Subject to subsections (1), (2), (3) and (4), a person must not be compelled to produce any document or other thing or to give any evidence for the purposes of an investigation under this Act or a witness summons which the person could not be compelled to produce or give in a proceeding before a court.
S. 18L inserted by No. 2/2019 s. 163.