S 57 amended by No 38 of 2024, s 3 and Sch 4 item 81, effective 14 October 2024.
S 57 substituted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010. S 57 formerly read:
SECTION 57 Complaints to Ombudsman
(1)
Subject to this Act, a person may complain to the Ombudsman concerning action taken by an agency to which this section applies in the exercise of powers or the performance of functions under this Act.
(2)
In spite of anything contained in this Act, but subject to subsection 6(2) of the Ombudsman Act, the exercise of the powers of the Ombudsman under the Ombudsman Act in respect of matters arising under this Act is not precluded or restricted because of the rights conferred on persons by this Act to make applications to the Tribunal.
(3)
Where a complaint is made to the Ombudsman under the Ombudsman Act concerning a decision under this Act, an application to the Tribunal for a review of the decision must not be made before the Ombudsman has informed the applicant of the result of the complaint under section 12 of the Ombudsman Act.
(4)
In spite of anything contained in the Ombudsman Act, a report under that Act to a complainant in respect of a complaint arising out of a request under this Act must not contain information of the kind referred in subsection
25(1)
of this Act.
(5)
Where:
(a)
the Ombudsman has commenced an investigation of a decision made under this Act not to grant a request for access to a document; and
(b)
a certificate is furnished to the Ombudsman under paragraph 9(3)(a), (c) or (d) of the Ombudsman Act in relation to that investigation;
the certificate is not regarded as affecting the Ombudsman
'
s right to seek from any person the reasons for any decision made under this Act that the document is an exempt document or to require any person to furnish any information or to answer any questions concerning the decision.
(6)
The Ombudsman must not, in a report under section 15 of the Ombudsman Act, recommend that an amendment be made to a record if he or she is satisfied that:
(a)
the record is a record of a decision, under an enactment, by a court, tribunal, authority or person; or
(b)
the decision whether to amend the document involves determination of a question that the person seeking amendment of the record is, or has been, entitled to have determined by a court or tribunal; or
(c)
the amendment relates to a record of an opinion to which neither of the following applies:
(i)
the opinion was based on a mistake of fact;
(ii)
the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.
(7)
In this section:
(a)
a reference to the taking of action has the same meaning as it has for the purposes of the Ombudsman Act; and
(b)
action is regarded as having been taken by an agency to which this section applies in the circumstances in which it would be regarded as having been taken for the purposes of the Ombudsman Act.
(8)
In this section:
agency to which this section applies
means an agency that is a prescribed authority within the meaning of the Ombudsman Act.
Ombudsman Act
means the
Ombudsman Act 1976
.
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