(1) The ombudsman may declare government information to be open access information.
Note Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act
, s 48).
(2) Before making a declaration, the ombudsman—
(a) must consult—
(i) for information held by an agency—the information officer of each agency; and
(ii) for information held by a Minister—each Minister; and
(b) may consult anyone else the ombudsman considers appropriate.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.