42AReferral of public interest disclosures in relation to members of Parliament

42A Referral of public interest disclosures in relation to members of Parliament

[Section 42A Inserted by No. 15 of 2023, s. 9, Applied:31 Aug 2023]

(1)  The Ombudsman may, if a disclosed matter relates to a member of Parliament who –

(a) is a member of the Legislative Council – refer the disclosed matter to the President of the Legislative Council to investigate; or

(b) is a member of the House of Assembly – refer the disclosed matter to the Speaker of the House of Assembly to investigate –

if the Ombudsman considers it appropriate to do so and the person who made the disclosure to which the disclosed matter relates consents to the referral, unless the person did not provide with the disclosure information that enables the person to be contacted.

(2)  The Ombudsman is not required to investigate a disclosed matter if –

(a) the disclosed matter relates to a member of Parliament; and

(b) the Ombudsman is satisfied that the disclosed matter cannot be appropriately dealt with under this Act; and

(c) the consent of the person to a referral of the disclosed matter under subsection (1) has not been obtained –

(i) within a reasonable period after the Ombudsman requested consent from the person; or

(ii) because the person did not provide with the disclosure, to which the disclosed matter relates, information that enables the person to be contacted.