Ombudsman Act 2009

(1) The

Ombudsman may, by written notice, direct the public authority to stop performing a stated administrative action for a stated period (not more than 45 days in aggregate) if satisfied:

(a) the action is likely to prejudice:

(i) the investigation; or

(ii) the effect or implementation of a recommendation the Ombudsman might make as a result of the investigation; and

(b) compliance with the notice will not result in the authority breaching a contract or other legal obligation or cause any third parties undue hardship;

and

(c) issue of the notice is necessary to prevent serious hardship to a person.

(2) The notice may be given before starting the investigation or during the conduct of the investigation.

(3) If the public authority is satisfied, in the circumstances,

non-compliance with the direction would be reasonable and justifiable, the authority may decide not to comply with it.

(4) The public authority must immediately give written notice to the

Ombudsman of its decision not to comply with the direction.

(5) If the public authority does not comply with the direction, the following provisions apply:

(a) the principal officer of the authority must, at the request of the

Ombudsman, report to the Ombudsman (within a stated reasonable period) on the reasons for the authority's non‑compliance with the direction;

(b) if, on receipt of the principal officer's report, the Ombudsman is satisfied the authority's non-compliance with the direction was unjustified or unreasonable, the Ombudsman may give a report on the matter to the responsible Minister for tabling in the Legislative

Assembly.