Ombudsman Act 2001

A person’s contempt of the ombudsman may be punished under this section.

The ombudsman may certify the contempt in writing to the Supreme Court (the court).

For subsection (2), it is enough for the ombudsman to be satisfied there is evidence of contempt.

The court may issue a warrant directed to a police officer for the arrest of the person to be brought before the court to be dealt with according to law.

The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.

The court must inquire into the alleged contempt.

The court must hear—

witnesses and evidence that may be produced against or for the person whose contempt was certified; and

any statement given by the person in defence.

If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in a proceeding in the court for the enforcement of a non-money order.

The Uniform Civil Procedure Rules 1999, so far as they relate to the enforcement of non-money orders, apply, with necessary changes, to the court’s investigation, hearing and power to punish.

The ombudsman’s certificate of contempt is evidence of the matters stated in the certificate.