Operation Prospect - NSW Ombudsman

Operation Prospect 

What is the role of the 

Ombudsman 

The NSW Ombudsman is an independent and impartial 

watchdog established by the Ombudsman Act 1974 (the 

Ombudsman Act). We are independent of the government of the 

day and accountable to the public through the NSW Parliament. 

Our central role is to keep government agencies and some 

non-government organisations accountable by promoting 

good administrative conduct, fair decision-making, high 

standards of service delivery and the protection of the rights 

of people in NSW. 

An important part of the Ombudsman’s role is to independently 

review the way the Commissioner of the NSW Police Force 

deals with complaints that are made about the conduct of police 

officers. We perform this role under Part 8A of the Police Act 

1990 (the Police Act). 

Part 8A of the Police Act requires that police take primary 

responsibility for investigating complaints about police conduct 

and, as an accountability mechanism, the Police Act gives 

the Ombudsman the power to oversight police complaint 

investigations. Additionally, where there is a public interest in so 

doing, Part 8A of the Police Act gives power to the Ombudsman 

to take over the police investigation and directly investigate a 

complaint about police conduct. 

What is Operation Prospect 

Operation Prospect will investigate allegations originally 

investigated by Strike Force Emblems. Those allegations 

concern the conduct of officers of the NSW Police Force, the 

NSW Crime Commission and the Police Integrity Commission 

in relation to a number of investigations, including Operations 

Mascot, Florida and associated matters. These complaints 

make allegations about a wide range of serious misconduct 

that has occurred over a significant period of time. 

The Ombudsman has decided that it is in the public interest to 

directly and independently investigate these allegations. The 

investigation is to be identified as ‘Operation Prospect’. 

It is anticipated that Operation Prospect will be a protracted 

and resource intensive investigation. Operation Prospect will 

involve obtaining and analysing a significant volume of records 

and other evidentiary material and taking evidence in hearings 

from a potentially large number of witnesses. 

The Ombudsman has substantial statutory powers to support 

the effective conduct of Operation Prospect. 

Statutory investigative 

powers conferred on the 

Ombudsman 

There are several Acts of Parliament that confer powers on 

the Ombudsman with regard to the conduct of investigations. 

These include the Ombudsman Act and the Royal 

Commissions Act 1923 (the Royal Commisions Act). 

In particular, the Ombudsman has the power to require 

public authorities (which includes public sector agencies and 

individuals employed by those agencies) to provide information 

and/or documents in an investigation. Where the Ombudsman 

decides to hold an inquiry in an investigation, the Ombudsman 

may exercise powers under the Royal Commissions Act 

including the power to direct a witness (including but not limited 

to a public authority) to attend to give evidence and/or produce 

documents relevant to the investigation. 

It should be noted that the statutory powers of the Ombudsman 

to require a public authority to give information or evidence or 

to produce documents are broad powers. Under s.21(3) of the 

Ombudsman Act, the Ombudsman’s requirement overrides the 

privileges that would ordinarily be available at law to a public 

authority to object to the requirement, such as the privilege 

against self-incrimination and legal professional privilege. 

Section 21(3) additionally overrides any statutory obligations of 

secrecy or confidentiality which may apply to a public authority 

that is subject to a requirement by the Ombudsman. 

It should also be noted that s.17 of the Ombudsman Act requires 

the Ombudsman to conduct an investigation in the absence 

of the public. This means that all hearings conducted by the 

Ombudsman must be conducted as private, rather than public, 

hearings. 

For further information on 


Should you have further queries please call the 

Operation Prospect hotline on 02 9286 1015 

or via the email at prospect@ombo.nsw.gov.au. 


Fact sheet


What you should know about 


As a person who has provided information to the Ombudsman 

about the subject matter of Operation Prospect, you should be 

aware that: 

• The investigation concerns a wide range of alleged conduct 

occurring over a significant period of time. The investigation 

could be protracted and, at present, it is envisaged that 

a period of 12 months is likely to be the minimum time to 

thoroughly investigate relevant matters. 

• Consistent with the independence of this office, the 

Ombudsman will determine the scope and purpose of the 

investigation. The Ombudsman will decide the witnesses 

who will be required to give evidence and the statutory 

investigative powers that will be exercised in the investigation. 

Accordingly, not all persons who have provided information 

in relation to Operation Prospect will be called to give 

evidence or be contacted further. Persons who are required 

to assist the investigation will receive appropriate and timely 

notice of any such requirement. 

• All hearings held in the investigation will be held in private. 

• The Ombudsman is required to act with procedural fairness 

and this includes giving any person who may be adversely 

named in any final report the opportunity to comment. These 

matters are set out in s.24(2) of the Ombudsman Act. 

• Any secrecy provisions you are subject to as part of your 

current or previous employment with an agency that is the 

subject of the investigation will be set aside by to s.21(3)(c) 

of the Ombudsman Act if you are required by notice to give 

evidence or information (including documents and other 

things). As such you are protected from prosecution for 

breaching those secrecy provisions for any information you 

provide to the Ombudsman when required to do so. 

Flow chart of legislative 

provisions 

Section 13 of the Ombudsman Act – the Ombudsman 

may conduct an investigation about conduct by an 

agency about which a complaint has been made. 

(Section 156 of the Police Act and Schedule 1, clause 19 

of the Ombudsman Act grant specific power in relation to 

the agencies under this investigation.) 

Section 16 of the Ombudsman Act requires Notices to be 

sent to all relevant parties. 

Notices under s.18 may require authorities to provide 

documents or things as demanded (s.21(3)(c) sets aside 

any secrecy/confidentiality agreements signed during 

terms of employment). 

For further information on 


Should you have further queries please call the 

Operation Prospect hotline on 02 9286 1015 

or via the email at prospect@ombo.nsw.gov.au. 

A s.19 inquiry may be held which enables the 

Ombudsman to summons witnesses to give evidence or 

provide documents. 

Any hearing will be held in private per s.17. 

All evidence or information (including documents or 

things) provided are not subject to prior secrecy or 

confidentiality agreements you may have signed if you are 

compelled to give that evidence or information. 

Procedural fairness will be afforded to any person who 

may be the subject of adverse comment per s.24(2). 

Contact us for more information 

Our business hours are: Monday to Friday, 9am–5pm (Inquiries section closes at 4pm). If you wish to visit us, we prefer you make an appointment. 

Please call us first to ensure your complaint is within our jurisdiction and our staff are available to see you. 

Level 24, 580 George Street 

Sydney NSW 2000 

Web www.ombo.nsw.gov.au 

Prospect email prospect@ombo.nsw.gov.au 

Prospect telephone 02 9286 1015 

Prospect facsimile 02 9261 1959 

© Crown Copyright, NSW Ombudsman, October 2012 ISBN: 978-1-921884-79-5 10/2012 

Revised 04/2013 

This work is copyright, however material from this publication may be copied and published by State or Federal Government Agencies without permission of the Ombudsman on the condition that 

the meaning of the material is not altered and the NSW Ombudsman is acknowledged as the source of the material. Any other persons or bodies wishing to use material must seek permission. 

This fact sheet is one of a series produced by the NSW Ombudsman. Feedback is welcome.

Operation Prospect - NSW Ombudsman

Create successful ePaper yourself

Delete template?

Save as template?