Extension of confidentiality notice
26D Extension of confidentiality notice
If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Ombudsman considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Ombudsman may apply to the Supreme Court for an order extending the confidentiality notice.
On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 26C(1)(a) or (b).
If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Ombudsman must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded.
Note
Section 26C(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates.
A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served.
S. 26E (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 24.16).
S. 26E inserted by No. 82/2012 s. 244, amended by No. 31/2024 s. 113(Sch. 1 item 24.17).
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