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Ombudsman (Komesina o Sulufaiga) Act 2013
(iii) any other person who is able to give the
information; and
(b) administer oaths.
(3) The offence of perjury under the Crimes Act 2013 applies
to an examination under subsection (2) of this section.
(4) In conducting an investigation or inquiry, the
Ombudsman:
(a) is not bound by strict rules of evidence or
procedures; but
(b) must, at all times, conform to the principles of
natural justice.
44. Secrecy protected – (1) Subject to subsection (2), a
person who is bound by an enactment, other than the Public
Service Act 2004, to maintain secrecy on a matter is not
required:
(a) to supply any information to or answer a question
put by the Ombudsman on that matter; or
(b) to produce a document or thing relating to the
matter,–
if complying with the requirement would breach the enactment.
(2) The Ombudsman may require the person, with the prior
written consent of a complainant, to supply information or
answer a question or produce a document or thing relating only
to the complainant.
(3) The person must comply with subsection (2).
45. Privileges and immunities – (1) A person has the same
privileges and immunities in the giving of information,
answering of questions, and production of documents and
things as witnesses have in a court.
(2) Except on the trial of a person for perjury under the
Crimes Act 2013 on the person’s sworn testimony:
(a) no statement made or answer given by the person or
another person in an inquiry by or proceedings
before the Ombudsman is admissible in evidence
against a person in a court or at an inquiry or in
any other proceedings; and
(b) no evidence in any proceedings or inquiry before
the Ombudsman must be given against a person.
(3) No person is liable to prosecution for an offence against
an enactment, other than this Act, by reason of the person’s