Ombudsmen’s statements made during inquiry inadmissible in evidence in any Court or other proceedings

Requirement for Ombudsman’s investigation to be conducted in private—while another party may release details of the investigation, an Ombudsman cannot as this may prejudice the Ombudsman’s investigation and breach the Privacy Act

During an investigation into a complaint about an immigration matter, the complainant requested clarification of the Immigration Service’s comments to the Ombudsman, made during the course of the Ombudsman’s investigation. The complainant wanted the information for the purposes of judicial review. The Ombudsman referred the complainant to s 19(6) of the Ombudsmen Act that no statement made in the course of an Ombudsman’s inquiry shall be admissible in evidence in any Court or other proceedings.

This case note is published under the authority of the Ombudsmen Rules 1989 opens page in this tab. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.