New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 52

52 Review by the Ombudsman

(1) The conduct of any person or body in relation to a determination made by an agency under this Act may be the subject of a complaint, and may (subject to this section) be investigated by the Ombudsman, under the Ombudsman Act 1974 .

(2) The Ombudsman shall not investigate the conduct of any person or body in relation to a determination made by an agency under this Act:

(a) while the determination is subject to a right of review under section 34 or 47, or

(b) if the determination has been subject to a right of review under section 34 or 47 but no application for review of the determination was made while it was subject to that right, or

(c) while any relevant proceedings are before the Tribunal under Division 2.

(3) The Ombudsman shall not exercise his or her powers under section 18, 19 or 20 of the Ombudsman Act 1974 in respect of a document the subject of a Ministerial certificate.

(4) The Ombudsman shall not disclose any exempt matter in the exercise of his or her functions under the Ombudsman Act 1974 in relation to any investigation of a determination made by an agency under this Act.

(5) The powers of the Ombudsman under the Ombudsman Act 1974 do not extend to investigating the conduct of any person or body:

(a) in relation to the issue of a Ministerial certificate, or

(b) in relation to a determination of an application for access to a Minister’s document or for the amendment of a Minister’s records, or

(c) in relation to a determination of an application for access to an agency’s document:

(i) if the complainant in respect of the determination has previously been a complainant under the Ombudsman Act 1974 in relation to that agency, and

(ii) if the Ombudsman has had possession of the document, pursuant to the exercise of his or her powers under section 18, 19 or 20 of the Ombudsman Act 1974 , in connection with the investigation of the previous complaint, or

(d) in relation to a determination made by the Ombudsman under this Act.

(6) In a report under section 26 of the Ombudsman Act 1974 of an investigation of a determination made by an agency under this Act, the Ombudsman may recommend:

(a) that the public release of the document concerned would, on balance, be in the public interest even though access has been duly refused because it is an exempt document, or

(b) that any general procedure of the agency in relation to dealing with applications made under this Act be changed to conform more closely to the objects and requirements of this Act.

(7) Any part of a report under section 26 of the Ombudsman Act 1974 of an investigation of a determination made by an agency under this Act (except any part of such a report on a question of law or containing a recommendation referred to in subsection (6)) is admissible in evidence in any proceedings before the Tribunal under this Act if that part of the report is relevant to the proceedings.