Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person is not entitled to apply to the Ombudsman under this section for a review of a decision in relation to which section 47(1), (2), (3) or (4) applies unless –
(a) the person or undertaking has made an application under section 47(1), (2), (3) or (4) in relation to the decision; and
(b) either –
(i) the person or undertaking has been informed of the result of the review; or
(ii) 14 days have elapsed since the application was made.
(2) A person who has applied for information in accordance with Part 2 may apply to the Ombudsman for a review of a decision –
(a) that the person is not entitled to the information requested; or
(b) that the information requested is exempt information; or
(c) as to the expected charge to be paid for the information; or
(d) that provision of the information be deferred in accordance with section 18; or
(e) that provision of the information be refused by virtue of section 20.
(3) A person may apply to the Ombudsman for a review of a decision –
(a) to provide information relating to the personal affairs of the person to another person; or
(b) to provide information which is likely to expose the person (being an undertaking) to competitive disadvantage; or
(c) not to amend personal information in respect of the person.
(4) The Ombudsman has the same power when considering an application for a review as the agency or Minister had under this Act when considering the original application and may make any decision in respect of the application for a review that the agency or Minister could have made in respect of the original application.
(5) The power referred to in subsection (4) includes the power to reconsider the application as if it were an original application.
(6) The Ombudsman shall make a decision in respect of an application for review within 30 days of receiving the application or within such further period as may be agreed by the applicant.
(7) Where a decision in respect of an application for review has been made by the Ombudsman the Ombudsman shall inform the relevant agency or Minister of that decision and the agency or Minister shall take all such action as may be necessary to implement the decision.
(8) The Ombudsman has no power to investigate a matter under the Ombudsman Act 1978 if that matter could be the subject of a review by the Ombudsman under this section.