Section 30 — Official Information Act 1982: Procedure after investigation

30 Procedure after investigation (1) Where, after making an investigation of a complaint made under section 28 of this Act, an Ombudsman is of the opinion— (a) That the request made in accordance with section 12 of this Act should not have been refused; or (b) That the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 of the Ombudsmen Act 1975 applies,— the Ombudsman shall, subject to subsection (3) of this section,— (c) Report his opinion and his reasons therefor to the appropriate Department or Minister of the Crown or organisation; and (d) Subject to section 31 of this Act, make such recommendations as he thinks fit; and (e) Give to the complainant— (i) A copy of his recommendations (if any); and (ii) Such other information as he thinks proper. (2) The Ombudsman shall also— (a) In the case of an investigation relating to a Department or organisation named in Part 1 or Part 2 of Schedule 1 to the Ombudsmen Act 1975 , send a copy of his report and recommendations to the Minister concerned; and (b) In the case of an organisation named in Schedule 1 to this Act, send a copy of his report and recommendations to such Minister of the Crown as he considers appropriate. (3) Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard. (4) Except as provided in subsection (1) of this section, nothing in section 22 of the Ombudsmen Act 1975 shall apply in respect of a decision that may be investigated and reviewed under section 28(1) or section 28(2) of this Act. Subsection (4) was amended, as from 1 April 1987, by section 16(3) Official Information Amendment Act 1987 (1987 No 8) by inserting the expression “ or section 28(2) ” .