Australian Capital Territory Numbered Acts

FREEDOM OF INFORMATION AMENDMENT ACT 2019 (NO. 37 OF 2019) - SECT 25

Section 82 (1)

substitute

    (1)     This section applies to an application for ombudsman review.

    (1A)     Unless resolved informally under section 80A or by mediation under section 81, the ombudsman must review the decision and—

        (a)     confirm the decision; or

        (b)     vary the decision; or

        (c)     set aside the decision and make a substitute decision.

    (1B)     The ombudsman must make a decision under subsection (1A) within 30 working days after—

        (a)     if the ombudsman has, under section 80A (2) or section 81 (2), suspended the application of this section—the end of the period for which the application of this section is suspended; or

        (b)     in any other case—the day the application for ombudsman review was made.

Example—par (a)

The ombudsman receives an application for ombudsman review and makes attempts over a period of 20 working days to assist the parties to resolve the matter by an informal process under section 80A, but without success. The ombudsman must make a decision within 30 working days after the end of the 20 working days devoted to the attempts under section 80A.