A parliamentary question seeks clarification on the privileged status and public accessibility of Ombudsman reports concerning complaints against local governments in Western Australia. The response clarifies that these reports are generally privileged and not public documents under the Parliamentary Commissioner Act 1971.

AnsweredQoN 2868Legislative Assembly
Asked
5 May 2010
Portfolio
Premier

QuestionView source ↗

(1) Are Ombudsman of Western Australia reports into complaints regarding local governments privileged information; and
(a) if yes, what information is restricted from the complainant?
(2) Is the Ombudsman’s final report on a matter a public document?

AnswerView source ↗

Answered
15 June 2010
Response time
41 days
Ombudsman Western Australia is an independent agency and does not report to the Premier.  The following answer provided by the Ombudsman:
(1) In accordance with section 23A of the
Parliamentary Commissioner Act 1971
reports into complaints regarding local governments sent by the Ombudsman in the course of, or for the purposes of, an investigation under the
Act
and that were prepared specifically for the purposes of the investigation, are privileged and not admissible in evidence in any proceedings other than proceedings for perjury or any offence under the
Royal Commissions Act 1968
or the
Parliamentary Commissioner Act
1971.
(a) The privilege referred to in question (1) applies to all information provided to a complainant.
(2) In accordance with the
Parliamentary Commissioner Act
1971, the Ombudsman's final report on a matter is not a public document.
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