Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 57

57. (1) Notwithstanding anything contained in this Act or in sub-section 6 (3)
of the Ombudsman Act 1976 but subject to sub-section 6 (2) of that Act, the
exercise of the powers of the Ombudsman under the Ombudsman Act 1976 in
respect of matters arising under this Act is not precluded or restricted by
reason of the rights conferred on persons by this Act to make applications to
the Tribunal.

(2) For the purposes of the Ombudsman Act 1976, action taken by an agency in
respect of a request made to the agency is declared to be action taken by the
agency in relation to a matter of administration.

(3) The reference in sub-section (2) to action taken by an agency shall be
read as a reference to all such action as would, for the purposes of the
Ombudsman Act 1976, be treated as being action taken by the Department or body
constituting the agency.

(4) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976
concerning a decision under this Act, an application to the Tribunal for a
review of the decision shall not be made before the Ombudsman has informed the
applicant of the result of the complaint in accordance with section 12 of the
Ombudsman Act 1976.

(5) Notwithstanding anything contained in the Ombudsman Act 1976, a report
under that Act to a complainant in respect of a complaint arising out of a
request under this Act shall not contain information of the kind referred to
in sub-section 25 (1) of this Act.