Ombudsman Act 1973

This section applies to a compulsory appearance and a voluntary appearance.

Before the person appearing is asked any questions or required to produce any document, the presiding officer must—

confirm the age of the person if the presiding officer considers that the person may be under the age of 18 years; and

release the person from the appearance if the person—

is under the age of 10 years; or

in the case of a compulsory appearance—is under the age of 16 years; and

give the person a copy of the statement (if any) prescribed for the purposes of this subsection; and

inform a legal practitioner who is representing the person of—

any non-disclosure requirements that apply under this Act; and

in the case of an investigation on a public interest complaint, the confidentiality requirements under Part 7 of the Public Interest Disclosures Act 2012; and

in the case of a voluntary appearance, inform the person that—

the person's participation is voluntary and the person may leave at any time; and

the person cannot be compelled to answer any question or provide any document; and

the person is not required to take an oath or make an affirmation; and

take any other actions prescribed for the purposes of this subsection.

In an investigation on a public interest complaint, before the person appearing is asked any questions or required to produce any document, the presiding officer must—

advise the person that the person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012; and

advise the person of the nature of those requirements.

The presiding officer must immediately release a person from an appearance if, at any time during the appearance, the presiding officer becomes aware that the person appearing—

is under the age of 10 years; or

in the case of a compulsory appearance—is under the age of 16 years.

The presiding officer must immediately release a person from a voluntary appearance if, at any time during the appearance, the person advises the presiding officer that the person—

wants to leave the appearance; or

does not want to answer any further questions; or

does not want to produce any further documents.

If, before the questioning commences or at any time during the appearance, the person appearing does not have sufficient knowledge of the English language to enable the person to understand questions asked or to answer those questions, the presiding officer must provide for a competent interpreter to be present.

If the person appearing is under the age of 18 years, the person must be accompanied by a parent, guardian or an independent person.

The presiding officer must direct that an independent person be present during the appearance if—

the presiding officer believes the person appearing has a mental impairment; or

the person appearing provides the presiding officer with reasonably satisfactory medical evidence that the person has a mental impairment.

The presiding officer may, at the request of the person appearing, allow a person who is chosen by the person appearing to be present during the appearance for the purpose of providing support to the person appearing.

For the purposes of subsections (6), (7), (8) and (9), the following persons may be present at an appearance, in the capacity specified in those subsections, by means of audio visual link or audio link—

an interpreter;

a parent or guardian;

an independent person;

a person providing support to a person appearing.

For the purposes of this section, an independent person is—

a person nominated by, or who is acceptable to, the person appearing; or

if no person has been nominated by, or is acceptable to, the person appearing, a person chosen by the Ombudsman who—

is not involved in the subject matter of the investigation; and

in the case of a person appearing who is under the age of 18 years and where practicable, is—

involved in the care or supervision of the person appearing; and

of the same gender as the person appearing or, if the person appearing identifies as being of a particular gender, of that gender.