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FREEDOM OF INFORMATION ACT 1982 - SECT 89J

Complaints to Ombudsman--limitation on amending records in reports under the Ombudsman Act 1976

             (1)  The Ombudsman may, in a report under section 15 of the Ombudsman Act 1976 , recommend that an amendment be made to a record that relates to a record of an opinion only if he or she is satisfied of either (or both) of the following:

                     (a)  the opinion was based on a mistake of fact;

                     (b)  the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.

             (2)  The Ombudsman must not, in a report under section 15 of the Ombudsman Act 1976 , recommend that an amendment be made to a record if he or she is satisfied of either of the following:

                     (a)  the record is a record of a decision, under an enactment, by a court, tribunal, authority or person;

                     (b)  the decision whether to amend the record involves determination of a question that the person seeking amendment of the record is, or has been, entitled to have determined by the agency (on internal review), the Information Commissioner, a court or tribunal.

             (3)  In this section:

"enactment" includes a Norfolk Island enactment.



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