Official Information
25
38.
Appeals - Any party to an application under section 37 of this Act who is
dissatisfied with any final or interlocutory order in respect of the application may appeal to
the Court of Appeal and Part II of the Judicature Act 1980-81 shall apply to any such
appeal.
39.
Complainant to be informed of result of investigation - The Ombudsman
after investigating a complaint made for the purposes of section 30(3) of this Act shall
inform the complainant, in such manner and at such time as he or she thinks proper, of the
result of the investigation.
40.
Restriction on application for review - Where any person makes a request
under this Act that official information be made available to him or her and a decision to
which section 30(1) or section 30(2) of this Act applies is made in relation to that request,
that person shall not commence any proceedings in which that decision is sought to be
challenged, quashed, or called in question in any Court, unless a complaint made by that
person in respect of that decision has first been determined under this Part of this Act.
Division 2
Decisions under Part 3 and Part 4 of this Act
41.
Application of Ombudsman Act 1984 - (1) It shall be a function of the
Ombudsman to investigate, pursuant to the Ombudsman Act 1984, any decision made
under Part 3 or Part 4 of this Act (a)
including any such decision made by –
(i)
a Minister of the Crown; or
(ii)
an organisation named in Schedule 1 to this Act; but
(b)
not including a decision made under section 9 this Act in
relation to a request made under Part 3 or Part 4 of this Act.
(2)
The provisions of section 32 of this Act, so far as they are applicable
and with the necessary modifications, shall apply in respect of any requirement, made by
any Ombudsman in the course of any investigation conducted pursuant to subsection (1) of
this section, whereby the Ombudsman, pursuant to any power conferred on that
Ombudsman by section 16 of the Ombudsman Act 1984 requires any Ministry or Minister
of the Crown or organisation to furnish or produce to that Ombudsman any information or
document or paper or thing which relates to that investigation.
(3)
Where the Ombudsman, after making his or her investigation, forms
an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of
section 19 of the Ombudsman Act 1984 he or she shall, subject to subsection (7) of this
section, report his or her opinion to the appropriate Ministry or Minister of the Crown or
organisation, and may make such recommendations as he or she thinks fit in accordance
with section 19(3) of the Ombudsman Act 1984.
(4)
Where a report is made under subsection (3) of this section to a
Minister of the Crown, the Ombudsman shall request the Minister of the Crown to notify
the Ombudsman, within a specified time, of the steps (if any) that the Minister proposes to
take to give effect to the Ombudsman’s recommendations.
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