12 (3) Nothing in this Act affects any privilege, whether qualified or absolute, which may attach at common law to the publishing of a statement. 38A. (1) A person aggrieved by the refusal of a public authority to grant access to an official document, may, within twenty-one days of receiving notice of the refusal under section 23(1), complain in writing to the Ombudsman and the Ombudsman shall, after examining the document if it exists, make such recommendations with respect to the granting of access to the document as he thinks fit. (2) In recommendations under subsection (1), the Ombudsman (a) is not required to include any matter that is of such a nature that its inclusion in a document of a public authority would cause that document to be an exempt document; (b) may state the recommendations in terms which neither confirm or deny the existence of any document, if the recommendations relate to a request for access to a document which is an exempt document under section 24, 25 or 28 or which, if it existed, would be an exempt document under section 24, 25 or 28. (3) A public authority is required to consider the recommendations of the Ombudsman and, to such extent as it thinks fit, exercise its discretion in giving effect to the recommendations. 39. (1) For the removal of doubt, a person aggrieved by a decision of a public authority under this Act may apply to the High Court for judicial review of the decision. (2) Notwithstanding any other law to the contrary, where an application for judicial review of a decision of a public authority under this Act is made to the High Court, that application shall be heard and determined by a Judge in Chambers, unless the Court, with the consent of the parties, directs otherwise. (3) In this section, "decision of a public authority" includes the failure of a public authority to comply with section 15 or 16(1). 40. (1) The Minister shall, as soon as practicable after the end of each year, prepare a report on the operation of this Act during that year and cause a copy of the report to be laid before each House of the Parliament. (2) Each responsible Minister shall, in relation to the public authorities within his portfolio, furnish to the Minister such information as he requires for the purposes of the preparation of any report under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section. (3) A report under this section shall include in respect of the year to which the report relates the following: (a) the number of requests made to each public authority; (b) the number of decisions that an applicant was not entitled to access to a document pursuant to a request, the provisions of this Act under which these decisions were made and the number of times each provision was invoked; (c) the number of applications for judicial review of decisions under this Act and the outcome of those applications; (d) the number of complaints made to the Ombudsman with respect to the operation of this Act and the nature of those complaints; (e) the number of notices served upon each public authority under section 10(1) and the number of decisions by the public authority which were adverse to the person's claim; (f) particulars of any disciplinary action taken against any officer in respect of the administration of this Act; (g) the amount of charges collected by each public authority under this Act; (h) particulars of any reading room or other facility provided by each public authority for use by applicants or members of the public, and the publications, documents or other information regularly on display in that reading room or other facility; and (i) any other facts which indicate an effort by public authorities to administer and implement the spirit and intention of this Act. 41. (1) The Minister may make regulations for giving effect to the purposes of this Act and for prescribing anything required or authorised by this Act to be prescribed. (2) Regulations made under this section shall be subject to negative resolution of Parliament. 42. (1) A public authority shall maintain and preserve records in relation to its functions and a copy of all official documents which are created by it or which come at any time into its possession, custody or power. (2) A person who willfully destroys or damages a record or document required to be maintained and preserved under subsection (1), commits an offence and is liable on summary conviction to a fine of five thousand dollars and imprisonment for six months. (3) A person who knowingly destroys or damages a record or document which is required to be maintained and preserved under subsection (1) while a request for access to the record or document is pending commits an offence and is liable on summary conviction to a fine of ten thousand dollars and imprisonment for two years.