Documents the disclosure of which would be contempt of National assembly or contempt of court
32. A document is an exempt document if public disclosure of the document would, apart from this
Act and any immunity of the Crown(a) be in contempt of court;
(b) be contrary to an order made or direction given by a commission or by a tribunal or other
person or body having power to take evidence on oath; or
(c) infringe the privileges of the National Assembly.
Crown privilege in juducial proceedings not afected
33. Nothing in this Act shall affect any rule of law which authorises the withholding of any
document by the Crown in or in relation to a judicial proceeding on the ground that the publication
or disclosure of the document would be injurious to the public interest.
Duty of authorities to act in good faith
34. In considering whether or not to claim exemption under this Part, the principal officer of a
Ministry or prescribed authority shall act in good faith and use his best endeavours to achieve the
object of this Act to afford to members of the public maximum access to official documents
consistent with public interest.
PART V
REVIEW OF DECISIONS
Aplications to Ombudsman
35.-(1) Application may be made to the Ombudsman for review of a decision refusing to grant
access to a document in accordance with a request or deferring the provision of access to a
document.
(2) Subject to subsection (3), in proceedings under this Part, the Ombudsman has power, in addition to
any other power, to review any decision that has been made by a Ministry or prescribed authority in
respect of the request and to decide any matter in relation to the request that, under this Act, could have
been or could be decided by a Ministry or prescribed authority, and any decision oI the Ombudsman under
this section has the same efect as a decision of the Ministry or prescribed authority.
(3) Where, in proceedings under this section, it is established that a document is an exempt document, the
Ombudsman does not have power to decide that access to the document, so far as it contains exempt
matter, is to be granted.
(4) Where, under a provision of Part IV, it is provided that a certificate of a specified kind estahlishes
conclusively, for the purposes of this Act, that a document is an exempt document and such a certificate
has been
given in respect of a document, the powers of the Ombudsman do not extend to reviewing the decision to
give the certificate or the existence of proper grounds for the giving of the certificate.
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