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FREEDOM OF INFORMATION ACT 2016 - SECT 64 Ombudsman—functions

FREEDOM OF INFORMATION ACT 2016 - SECT 64

Ombudsman—functions

    (1)     The ombudsman has the following functions for this Act:

        (a)     to review decisions under division 8.2;

        (b)     to grant extensions of time under section 42;

        (c)     to monitor the operation of this Act including—

              (i)     the publication of open access information by agencies; and

              (ii)     the publication of open access information by Ministers; and

              (iii)     agency compliance with the expectations set out in the Chief Minister's annual statement under section 95 and with the Act generally;

        (d)     to make open access information declarations under section 65;

        (e)     to make guidelines under section 66;

        (f)     to report on the operation of this Act under section 67;

        (g)     to investigate complaints made under section 69.

    (2)     The ombudsman may delegate the ombudsman's functions under this Act to a person mentioned in the Ombudsman Act 1989

, section 32.

Note     Under the Ombudsman Act 1989

, s 32, the ombudsman may delegate the ombudsman's functions to any person, including the deputy ombudsman, a member of the ombudsman's staff, a public servant, a contractor or consultant, or an authorised person. However, the ombudsman must not delegate a function to a person who is not a public employee without first being satisfied that the function needs to be exercised by a person who is not a public employee (see that Act

, s 32 (2)).