Clearly the Commonwealth Ombudsman is panicked by a subpoena served on them last Tuesday.
They have now invited me to to withdraw the subpoena or otherwise not call upon it and to please put this in writing.
As I have been saying all along and according to the Commonwealth Ombudsman statistics this department headed by shonky Colin Neave who as banking industry Ombudsman fucked over 80% of complaints about the Banking industry. Before him fat and ugly Alison Larkins was acting in this role after Alan Asher " ripped his skirt off and resigned. Larkins is now working for immigration.
So the ombudsman want me to withdraw my subpoena and clearly I will say to the "Come Kiss My ARSE" and see you in court!!!!!! >>>>>>>>>>>>>>
The Ombudsman Act Section 35(8) cannot be used to fail to respond to subpoena's.
Clearly this shows how desperate the Commonwealth Ombudsman is when being exposed to atrocious maladministration.
Commonwealth Consolidated Acts
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OMBUDSMAN ACT 1976 - SECT 35
Officers to observe confidentiality
(1) In this section, officer means:
(a) the Ombudsman;
(b) a Deputy Ombudsman;
(c) a person who is a member of the staff referred to in
subsection 31(1); or
(d) a person, not being a person referred to in paragraph (b) or
(c), to whom the Ombudsman has delegated any of his or her powers under
section 34 or who is an authorized person; or
(e) a person who is made available to the Ombudsman as mentioned in
subsection 8(12).
(2) Subject to this section, an officer shall not, either directly or
indirectly, and either while he or she is, or after he or she ceases to be, an
officer, make a record of, or divulge or communicate to any person, any
information acquired by him or her by reason of his or her being an officer,
being information that was disclosed or obtained under the provisions of this
Act or under Division 7 of Part V of the Australian Federal Police
Act 1979 , including information furnished by the Ombudsman of a State or
information disclosed to or obtained by the Commonwealth Ombudsman in the
exercise of a power of the Ombudsman of a State delegated to him or her as
provided by subsection 34(7).
Penalty: $500.
(3) Subsection (2) does not prevent an officer:
(a) from making a record of, or divulging or communicating to any
person, information acquired by him or her in the performance of his or her
duties as an officer for purposes connected with the exercise of the powers
and the performance of the functions of the Ombudsman; or
(b) from divulging or communicating information to a person:
(i) if the information was given by an officer of a Department or
prescribed authority in the performance of his or her duties as such an
officer--with the consent of the principal officer of the Department or
authority or of the responsible Minister; or
(ia) if the information was given by a person who is, or is an employee
of, a Commonwealth service provider of a Department or prescribed authority
under a contract--with the consent of the principal officer of the Department
or prescribed authority or of the responsible Minister; or
(ii) if the information was given by a person otherwise than as set out
in subparagraph (i) or (ia)--with the consent of the person who gave the
information.
(4) Subject to subsection (5), subsection (2) does not prevent
the Ombudsman or a Deputy Ombudsman from disclosing, in a report made under
this Act, such matters as, in his or her opinion, ought to be disclosed in the
course of setting out the grounds for the conclusions and recommendations
contained in the report.
(5) Where the Attorney-General furnishes to the Ombudsman a certificate
in writing certifying that:
(a) the disclosure of information or documents concerning a specified
matter or matters included in a specified class of matters; or
(b) the disclosure of a specified document or of documents included in a
specified class of documents;
would, for a reason specified in the
certificate, being a reason referred to in paragraph 9(3)(a), (b), (c),
(d) or (e), be contrary to the public interest, an officer shall not, either
directly or indirectly and either while he or she is, or after he or she
ceases to be, an officer, except as provided in subsection (6):
(c) divulge or communicate to any person any information acquired by him
or her under the provisions of this Act concerning such a matter or such a
document;
(d) divulge or communicate any of the contents of such a document to any
person; or
(e) furnish such a document, or a copy of, or an extract from, such a
document, to any person.
Penalty: Imprisonment for 2 years.
(6) Subsection (5) does not prevent an officer, in the performance
of his or her duties as an officer:
(a) from divulging or communicating information referred to in that
subsection to another officer;
(b) from furnishing any of the contents of, a copy of or an extract from
a document referred to in that subsection to another officer; or
(c) from returning such a document that has been produced to him or her
to the person lawfully entitled to the custody of the document.
(6A)
Subsection (2) does not prevent the Ombudsman, or an officer acting on
behalf of the Ombudsman, from giving information or documents under
paragraph 6(4D)(e) or paragraph 6(18)(d).
(7) Subject to subsection (7A), where the Ombudsman proposes, for
purposes connected with the exercise of his or her powers or performance of
his or her functions, to furnish information, or to send a document, or a copy
of, or extract from, a document, to the Ombudsman of a State, the Ombudsman
shall satisfy himself or herself that a law of the State makes provision
corresponding to the provision made by this section with respect to the
confidentiality of information acquired by the Ombudsman of the State.
(7A)
Subsection (7) does not apply in relation to any information or document
obtained by the Ombudsman in the exercise of a power of the Ombudsman of the
State that the Ombudsman was authorized to exercise in pursuance of
subsection 34(7).
(8) A person who is or has been an officer is not compellable, in any
proceedings before a court (whether exercising federal jurisdiction or not) or
before a person authorized by a law of the Commonwealth or of a State or
Territory, or by consent of parties, to hear, receive and examine evidence, to
disclose any information acquired by him or her by reason of his or her being
or having been an officer, being information that was disclosed or obtained
under the provisions of this Act or under Division 7 of Part V of
the Australian Federal Police Act 1979 .
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