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Ombudsman Act 2001
sec.48Inadmissibility of particular information in proceedings
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### sec.48 Inadmissibility of particular information in proceedings
This section applies if an individual gives information to the ombudsman under an investigation requirement.
The following information is not admissible in any proceeding as evidence against the individual—
the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence );
any information obtained as a direct or indirect result of primary evidence ( derived evidence ).
Subsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.
In this section—
information includes a document.
s 48 sub 2017 No. 17 s 178
(sec.48-ssec.1) This section applies if an individual gives information to the ombudsman under an investigation requirement.
(sec.48-ssec.2) The following information is not admissible in any proceeding as evidence against the individual— the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence ); any information obtained as a direct or indirect result of primary evidence ( derived evidence ).
(sec.48-ssec.3) Subsection (2) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.
(sec.48-ssec.4) In this section— information includes a document.
- (a) the information given by the individual under the investigation requirement and the fact of that giving ( primary evidence );
- (b) any information obtained as a direct or indirect result of primary evidence ( derived evidence ).