22
Ombudsman (Komesina o Sulufaiga) Act 2013
(a) would prejudice the security or defence of Samoa
(including Samoa’s relations with the
government of another country or with an
international organisation), or the investigation
or detection of offences; or
(b) would involve the disclosure of the deliberations of
Cabinet; or
(c) would involve the disclosure of proceedings of
Cabinet, or of a committee of Cabinet, on any
matter of a secret or confidential nature,
the Attorney General—
(i) must not require the information or answer to
be given or the document or thing to be
produced for the purposes of Part 3, 4 or 5; or
(ii) for Part 3, may by written notice to the
Ombudsman, exclude the application of
section 48 to any specified premises or class
of premises;
(iii) for Part 4 or 5, may by written notice to the
Ombudsman, exclude the application of
section 48 to any specified premises.
(2) Subsection (1)(a) applies only to subparagraph (ii) or
(iii).
(3) The Attorney General must send the certificate
(including the reasons for the certificate) to the Speaker for
tabling in Parliament.
50. Confidentiality of information – (1) The Ombudsman
and staff must maintain secrecy on matters that come to their
knowledge under this Act.
(2) A staff must, before starting employment, take before
the Ombudsman the secrecy oath set out in Part 2 of Schedule 2.
(3) As an exception to subsections (1) and (2) and subject to
section 49, the Ombudsman may disclose in an Ombudsman’s
report made under this Act any matter as in the Ombudsman’s
opinion ought to be disclosed in order to establish grounds for
the Ombudsman’s conclusions and recommendations.
51. Directives for non-disclosure of information – (1) The
Ombudsman may direct the following not to be published or
disclosed to another person:
(a) the name and identifying information concerning a
person appearing before the Ombudsman;