QLDIn ForceAct
Ombudsman Act 2001
sec.38Contempt of ombudsman
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### sec.38 Contempt of ombudsman
A person is in contempt of the ombudsman if, in an investigation, the person—
insults or threatens—
the ombudsman; or
a person who gives or is to give information or a document to the ombudsman; or
a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or
deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or
creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or
obstructs or assaults a person who attends, or is to attend, before the ombudsman; or
by writing or speech uses false and defamatory words about the ombudsman; or
does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.
Also, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document.
In this section—
ombudsman includes an officer of the ombudsman.
s 38 amd 2017 No. 17 s 176
(sec.38-ssec.1) A person is in contempt of the ombudsman if, in an investigation, the person— insults or threatens— the ombudsman; or a person who gives or is to give information or a document to the ombudsman; or a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or obstructs or assaults a person who attends, or is to attend, before the ombudsman; or by writing or speech uses false and defamatory words about the ombudsman; or does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.
(sec.38-ssec.2) Also, if the ombudsman orders under section 91 that information or the contents of a document must not be published, a person is in contempt of the ombudsman if the person publishes, or permits or allows to be published, the information or the contents of the document.
(sec.38-ssec.3) In this section— ombudsman includes an officer of the ombudsman.
- (a) insults or threatens— (i) the ombudsman; or (ii) a person who gives or is to give information or a document to the ombudsman; or (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or
- (i) the ombudsman; or
- (ii) a person who gives or is to give information or a document to the ombudsman; or
- (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or
- (b) deliberately interrupts the ombudsman or otherwise behaves in a disruptive way before the ombudsman; or
- (c) creates or continues, or joins in creating or continuing, a disturbance in or near the place where the ombudsman is performing a function under this Act; or
- (d) obstructs or assaults a person who attends, or is to attend, before the ombudsman; or
- (e) by writing or speech uses false and defamatory words about the ombudsman; or
- (f) does anything, whether before the ombudsman or otherwise, that would be a contempt of court if the ombudsman were a judge acting judicially.
- (i) the ombudsman; or
- (ii) a person who gives or is to give information or a document to the ombudsman; or
- (iii) a lawyer or other person helping a person who gives or is to give information or a document to the ombudsman; or