9Power to obtain information and documents

#### 9 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 Act, 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. (1AA) If the Ombudsman has reason to believe that a person who is: (aa) an officer of a Department or prescribed authority; or (ab) a Commonwealth service provider of a Department or prescribed authority under a contract; or (ac) an employee of Commonwealth service provider of a Department or prescribed authority under a contract; is capable of furnishing information or producing documents or other records relevant to an investigation under this Act but the Ombudsman does not know the identity of the person, the Ombudsman may, by notice in writing served on the principal officer of the Department or authority, require the principal officer or a person nominated by the principal officer, at such place, and within such period or on such date and at such time, as are specified in the notice: (a) to attend before a person specified in the notice to answer questions relevant to the investigation; or (b) to produce to a person specified in the notice such documents or other records as are so specified. (1A) Where documents or other records are produced to the Ombudsman in accordance with a requirement under subsection (1) or (1AA) or an order under subsection 11A(2), 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. (2) Where the Ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Act, the Ombudsman may, by notice in writing served on the person, require the person to attend before a person specified in the notice, on such date and at such time and place as are specified in the notice, to answer questions relevant to the investigation. (3) 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; or (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 a State; or (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; or (e) if the information, documents or records are, or were, in the possession or under the control of the ACC or the Board of the ACC—by reason that it would: (i) endanger the life of a person; or (ii) create a risk of serious injury to a person; or (f) if the information, documents or records are, or were, in the possession or under the control of the National Anti‑Corruption Commissioner—by reason that it would: (i) endanger the life of a person; or (ii) create a risk of serious injury to a person; the Ombudsman is not entitled to require a person to furnish any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Ombudsman. (4) 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 Act on the ground that the furnishing of the information, the production of the document or record or the answer to the question: (a) would contravene the provisions of any other enactment (whether enacted before or after the commencement of the Prime Minister and Cabinet Legislation Amendment Act 1991); or (aa) might tend to incriminate the person or make the person liable to a penalty; or (ab) would disclose one of the following: (i) a legal advice given to a Minister, a Department or a prescribed authority; (ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or (b) would be otherwise contrary to the public interest; but the information, the production of the document or record or the answer to the question is not admissible in evidence against the person in proceedings other than: (c) an application under subsection 11A(2); or (d) proceedings for an offence against section 36 of this Act or an offence against section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Act. (5) 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 Act. (5A) The fact that a person is not excused under subsection (4) from furnishing information, producing a document or other record or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or other record or answer. (6) 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. (7) In this section: > State includes the Australian Capital Territory and the Northern Territory.