s.45Ombudsman's powers generally to investigate
45
Section 45Part 7 — Enforcement by Ombudsman

Ombudsman's powers generally to investigate

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

In coming to a decision pursuant to section 43 or 44, the Ombudsman shall have the power to conduct a full investigation, including by issuing orders requiring the production of evidence and compelling witnesses to testify; in the exercise of this power that person may call for and inspect an exempt record, so however, that, where that person does so, that person shall take such steps as are necessary or expedient to ensure that the record is inspected only by members of staff of the Ombudsman acting in relation to that matter.
The Ombudsman may, during an investigation pursuant to sub-section (1), examine any record to which this Act applies, and no such record may be withheld from the Ombudsman on any grounds unless the Governor, under that person's hand, certifies that the examination of such record would not be in the public interest.
Notwithstanding subsections (1) and (2), where the Ombudsman requests to examine a record that has been exempted under section 19 of this Act pertaining to Cabinet opinions, advice, recommendations, consultations or deliberations, examination of that record shall take place at the Cabinet's Office.
A certificate given by the Governor under subsection (2) shall not be subject to challenge in judicial or quasi-judicial proceedings of any kind.
The production to the Ombudsman, pursuant to subsection (1), of a record privileged on the ground of legal professional privilege, shall not constitute a waiver of that privilege.

Cross References

Referenced By