(1) The Ombudsman must not include in a report under this Act— (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (b) any information, or information in any document, referred to in section 19; or (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (2) If the Ombudsman intends to include in a report under this Act a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report. (3) The Ombudsman must not include in a report under this Act any information that would identify any person who is not the subject of any adverse comment or opinion unless the Ombudsman— (a) is satisfied that it is necessary or desirable to do so in the public interest; and
(1) The Ombudsman must not include in a report under this Act— (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or the Victorian Inspectorate; or (b) any information, or information in any document, referred to in section 19; or (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence. (2) If the Ombudsman intends to include in a report under this Act a comment or opinion that is adverse to any person, the Ombudsman must first give the person a reasonable opportunity to respond to the adverse material and fairly set out the response in the report. (3) The Ombudsman must not include in a report under this Act any information that would identify any person who is not the subject of any adverse comment or opinion unless the Ombudsman— (a) is satisfied that it is necessary or desirable to do so in the public interest; and
12-082a.docx