Ombudsman Act 1973

Subject to this section, this Act, as in force immediately before the commencement day, continues to apply on and after the commencement day to—

a complaint made before the commencement day under section 14;

an investigation begun before the commencement day under section 14(1) on the Ombudsman's own motion;

a matter referred to the Ombudsman before the commencement day under section 16 for investigation and report;

a review begun before the commencement day under section 13(2AB).

Section 18, as amended by section 233 of the amending Act, applies to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1).

Sections 18A and 18B apply in relation to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1).

A summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 to a person who is under the age of 16 years that was in force immediately before the commencement day ceases to have any force or effect on and from that day.

Section 18C applies on and after the commencement day including in relation to a complaint, investigation, matter or review referred to in subsection (1). However, section 18C(3) applies only in relation to—

a witness summons issued on or after the commencement day; or

a compulsory appearance on or after that day; or

a proposed report, or draft or part of a proposed report, under this Act received by a person on or after that day.

Sections 18D, 18E, 18F and 18G apply to a compulsory appearance or voluntary appearance (as the case requires) on or after the commencement day, including a compulsory or voluntary appearance in relation to a complaint, investigation, matter or review referred to in subsection (1).

Section 24, as amended by section 240 of the amending Act, applies on and after the commencement day including in relation to a complaint referred to in subsection (1)(a).

Section 25A applies to a report made on or after the commencement day, including a report made in relation to a complaint, investigation, matter or review referred to in subsection (1).

Section 25B applies to a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, on or after the commencement day, including a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, in relation to a complaint, investigation, matter or review referred to in subsection (1).

Part VA, as inserted by section 244 of the amending Act, applies to information acquired on or after the commencement day, including information acquired on or after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1).

Section 20(5), as inserted by section 235(3) of the amending Act, applies on and after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1).

For a complaint, investigation or matter referred to in subsection (1) that involves administrative action taken by the Director, Police Integrity or by or in the Office of Police Integrity, this Act applies on or after the commencement day as if—

a reference to the relevant authority were a reference to the IBAC; and

a reference to the principal officer were a reference to the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; and

a reference to the responsible Minister were a reference to the Minister administering the Independent Broad-based Anti-corruption Commission Act 2011.

The Ombudsman must give the IBAC any document, information or other thing in the Ombudsman's possession that is reasonably required by the IBAC for the performance of functions under Part 8 of the Independent Broad‑based Anti-corruption Commission Act 2011.

The Ombudsman may make and retain a copy of any document, information or other thing given to the IBAC under subsection (13) if it is necessary to do so for the performance of the Ombudsman's functions or duties or the exercise of the Ombudsman's powers under this or any other Act.

In this section—