Section 35 — Official Information Act 1982: Application of Ombudsmen Act 1975

35 Application of Ombudsmen Act 1975 (1) It shall be a function of the Ombudsmen to investigate, pursuant to the Ombudsmen Act 1975 , 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 10 of this Act in relation to a request made under Part 3 or Part 4 of this Act. (1A) The provisions of section 29A 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 that Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975 , requires any Department 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. (2) Where the Ombudsman, after making his investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 22 of the Ombudsmen Act 1975 , he shall, subject to subsection (6) of this section, report his opinion to the appropriate Department or Minister of the Crown or organisation, and may make such recommendations as he thinks fit in accordance with section 22(3) of the Ombudsmen Act 1975 . (3) Where a report is made under subsection (2) 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. (4) If, within a reasonable time after the report is made under section 22(3) of the Ombudsmen Act 1975 (as applied by subsection (2) of this section), no action is taken which seems to an Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any Department or Minister of the Crown or organisation affected, may send a copy of the report and recommendations to the Prime Minister, and may thereafter make such report to the House of Representatives on the matter as he thinks fit. (5) The Ombudsman shall attach to every report sent or made under subsection (4) of this section a copy of any comments made by or on behalf of the Department or Minister of the Crown or organisation affected. (6) 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 first been given an opportunity to be heard. (7) If, in relation to any request for official information made under Part 3 or Part 4 of this Act, any Department or Minister of the Crown or organisation fails within the time limit fixed by section 15(1) of this Act (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of subsection 15(1) of this Act, that failure shall be deemed, for the purposes of subsection (1) of this section, to be a decision made under Part 3 or Part 4 of this Act. (8) Undue delay in giving any person access to official information in response to a request under Part 3 or Part 4 of this Act for access to that information shall be deemed, for the purposes of subsection (1) of this section, to be a decision made under Part 3 or Part 4 of this Act. Subsection (1A) was inserted, as from 1 April 1987, by section 17(2) Official Information Amendment Act 1987 (1987 No 8). See section 17(3) of that Act. Subsection (4) was amended, as from 1 April 1987, by section 19(1) Official Information Amendment Act 1987 (1987 No 8) by substituting the words “ the House of Representatives ” for the word “ Parliament ” . Subsections (7) and (8) were inserted, as from 1 April 1987, by section 19(2) Official Information Amendment Act 1987 (1987 No 8).