Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 27

27. The Principal Act is amended by inserting after Part V the following Part:

PART VA-ROLE OF THE OMBUDSMAN Interpretation

''52A. In this Part-

   (a)  a reference to the taking of action has the same meaning as it has for
        the purposes of the Ombudsman Act 1976; and

   (b)  action shall be deemed to have been taken by an agency in the
        circumstances in which it would be deemed to be so taken for the
        purposes of the
Ombudsman Act 1976.
Complaints to Ombudsman

''52B. (1) Subject to this Act, a person may complain to the Ombudsman
concerning action taken by an agency in the exercise of powers or the
performance of functions under this Act.

''(2) 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.

''(3) Where a complaint is made to the Ombudsman under the Ombudsman Act  1976
concerning action taken by an agency in the exercise of powers or the
performance of functions 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.

''(4) 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. Ombudsman shall designate a Deputy
Ombudsman for freedom of information matters

''52C. (1) The Ombudsman shall, by notice published in the Gazette, designate
a Deputy Ombudsman as the Deputy Ombudsman for freedom of information matters.

''(2) In relation to any action taken by an agency in the exercise of any
power or the performance of any function conferred by this Act, the Deputy
Ombudsman for freedom of information matters has all the powers, and may
exercise all the functions, of the Commonwealth Ombudsman under the Ombudsman 
Act 1976 , other than the power of the Commonwealth Ombudsman to report to the
Parliament under section 17 or 19 of that Act.

''(3) Nothing in this section prevents the exercise of a power or the
performance of a function by the Commonwealth Ombudsman under the Ombudsman 
Act 1976 in relation to action of the kind referred to in sub-section (2).

''(4) In this section, a reference to the Ombudsman Act 1976 shall be
construed as a reference to that Act as modified in the manner provided in
sections 52A and 52B of this Act. Reports made by the Ombudsman

''52D. (1) Where, in the course of an investigation by the Ombudsman in
relation to action taken by an agency in the exercise of powers or the
performance of functions under this Act-

   (a)  the Ombudsman has referred evidence concerning an officer to a
        Minister or to a principal officer under sub-section 8 (10) of the
        Ombudsman  Act 1976 ; and

   (b)  that officer is employed under the Public Service Act 1922,
the Ombudsman shall furnish a copy of that evidence to the Public Service
Board.

''(2) Where, after an investigation by the Ombudsman in relation to action
taken by a Department in the exercise of powers or the performance of
functions under this Act, a report is made to the Department by the Ombudsman
under sub-section 15 (2) of the Ombudsman Act 1976, the Ombudsman shall
furnish a copy of the report to the Public Service Board.

''(3) Each annual report required to be submitted to the Minister by the
Ombudsman under paragraph 19 (1) (a) of the Ombudsman Act 1976, and each
additional report submitted to the Minister by the Ombudsman under sub-section
19 (2) of that Act-

   (a)  shall include a report on the operations of the Ombudsman during the
        year, or the part of a year, to which the report relates with respect
        to complaints made to the Ombudsman or investigations commenced or
        completed by the Ombudsman concerning action taken by agencies in the
        exercise of powers or the performance of functions conferred by
        this Act; and

   (b)  may include-

        (i)    such observations as the Ombudsman sees fit to make concerning
               the operation of this Act during the year, or the part of a
               year, to which the report relates; and

        (ii)   such recommendations as the Ombudsman sees fit to make
               concerning ways in which public access to documents of agencies
               or to official documents of Ministers might be better secured.
Documents of agencies claimed to be exempt under section 33, 34, 35 or 36



''52E. 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 1976 in relation to that
        investigation,
the certificate shall not be taken to affect the right of the Ombudsman 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 that decision. Ombudsman may
represent persons in proceedings before the Tribunal

''52F. (1) The Ombudsman may represent, or arrange for another person to
represent, any person who makes application to the Tribunal, under section 55
of this Act, for review of a decision (not being a decision made by a
Minister) in the proceedings before the Tribunal pursuant to that application,
if the Ombudsman is of the opinion, in all the circumstances of the case, that
it is reasonable for him to do so.

''(2) Without limiting the generality of the matters to which the Ombudsman
may have regard in deciding whether to represent an applicant in proceedings
before the Tribunal under section 55, the Ombudsman shall have regard to-

   (a)  the importance of the principle involved in the matter under review;

   (b)  the likelihood that the proceedings will establish a precedent in
        future proceedings;

   (c)  the financial means of the applicant;

   (d)  the applicant's prospect of success; and

   (e)  the reasonableness of the decision under review.

''(3) Notwithstanding anything in this Part, the reference in sub-section (1)
to a decision made by a Minister shall not be taken to include a reference to
a decision made by a person in the exercise of a power delegated by a
Minister.''.