The recent Statute Law (Miscellaneous Provisions) Act (No. 2) 1995 included an amendment to the Freedom of Information Act.

The amendment has been made to correct an anomaly of the Act whereby the Act provides for the Ombudsman to conduct an external review of a determination but the resulting recommendation of the Ombudsman cannot be implemented by the agency.

The amendment is contained in the new section 52A of the Act, which enables an agency to revise a determination following an Ombudsman's formal investigation, informal inquiry or conciliation in relation to an FOI matter. Therefore, if an agency considers it appropriate to do so, it may revise its original determination in accordance with the Ombudsman's recommendation or suggestion. The review of the determination is carried out as an internal review.

(K.P. Baxter)
Director-General

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superseded by M2007-11