Exchange of information between Ombudsman or IGIS, and State inspecting authorities
58 Exchange of information between Ombudsman or IGIS, and State inspecting authorities
Definitions
In this section:
State or Territory agency means a law enforcement agency of a State or Territory within the meaning of the law of that State or Territory that is of a similar nature to this Act.
State or Territory inspecting authority, in relation to a State or Territory agency, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 55 of this Act, or section 9A of the Inspector‑General of Intelligence and Security Act 1986, when the State or Territory agency is exercising powers under the law of that State or Territory that is of a similar nature to this Act.
Exchange of information between Ombudsman and State inspecting authorities
The Ombudsman may give information that:
relates to a State or Territory agency; and
was obtained by the Ombudsman under this Act;
to the State or Territory inspecting authority in relation to the agency.
The Ombudsman may only give information to an authority under subsection (2) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
The Ombudsman may receive from a State or Territory inspecting authority information relevant to the performance of the Ombudsman’s functions under this Act.
Exchange of information between IGIS and State inspecting authorities
The Inspector‑General of Intelligence and Security may give information that:
relates to a State or Territory agency; and
was obtained by an IGIS official under the Inspector‑General of Intelligence and Security Act 1986; and
relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986);
to the State or Territory inspecting authority in relation to the agency.
The Inspector‑General of Intelligence and Security may only give information to an authority under subsection (5) if the Inspector‑General of Intelligence and Security is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
The Inspector‑General of Intelligence and Security may receive, from a State or Territory inspecting authority, information that:
relates to the use of powers under this Act by an intelligence agency (within the meaning of the Inspector‑General of Intelligence and Security Act 1986); and
is relevant to the performance of the Inspector‑General of Intelligence and Security’s functions under that Act.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.