QLDIn ForceAct
Ombudsman Act 2001
sec.42False or misleading document
Start here
Get a plain-English read of sec.42
Turn the raw legal text into a practical explanation grounded in Ombudsman Act 2001.
### sec.42 False or misleading document
A person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
Subsection (1) does not apply to a person if the person, when giving the document—
tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and
if the person, has, or can reasonably obtain, the correct information—gives the correct information.
It is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’.
(sec.42-ssec.1) A person must not give the ombudsman or an officer of the ombudsman a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
(sec.42-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and if the person, has, or can reasonably obtain, the correct information—gives the correct information.
(sec.42-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state the information in the document was, without specifying which, ‘false or misleading’.
- (a) tells the ombudsman or officer, to the best of the person’s ability, how the information in the document is false or misleading; and
- (b) if the person, has, or can reasonably obtain, the correct information—gives the correct information.