Section 44Part 7 — Enforcement by Ombudsman
Implementation of decision
←→ Navigate · Click subsection badges to collapse · Press ? for help
The Ombudsman may, after giving a public authority an opportunity to provide its views in writing, decide that the public authority has failed to comply with an obligation under this Act.
In the Ombudsman's decision pursuant to subsection (1), the Ombudsman may require the public authority to take such steps as may be necessary or expedient to bring it into compliance with its obligations under the Law, and in exercise of this power, may —
order the publishing of certain information or categories of information;
recommend the making of certain changes to the practices of the public authority concerned in relation to the keeping, management and destruction of records, and the transfer of records to the National Archive, but such recommendations shall not be at variance with any law for the time being in force in relation to such matters;
recommend the provision of training to the public authority's officials on the right of access to records; or
refer a matter to the appropriate disciplinary authority where there has been an egregious or wilful failure to comply with an obligation under this Act.
The Ombudsman shall serve notice of that person's decision on the public authority concerned and the person who was seeking access to records, which notice shall include a statement of the right of appeal.
Referenced By
- Section 45 — Ombudsman's powers generally to investigate
decision pursuant to section 44
- Section 47 — Appeal from Ombudsman's decisions and orders
decision of the Ombudsman pursuant to section 44
- Section 48 — Decisions and orders of Ombudsman binding
decision made under section 44