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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