41Minister may publish Ombudsman’s report

41 Minister may publish Ombudsman’s report

(1) The Minister may publish a report, or any part of a report, given to the Minister under section 40 in any way he or she thinks fit. (2) If the publication of information or a recommendation contained in the report, or the part of the report, would be likely to adversely affect the interests of any person, the Minister must, before publishing the report, or the part of the report, direct the Ombudsman: (a) to notify the person that the information or recommendation is contained in the report, or the part of the report; and (b) to give the person a reasonable period (not exceeding 30 days) to make representations, either orally or in writing, in relation to the information or recommendation, and its publication. (3) Before publishing the report, or the part of the report, the Minister: (a) may delete any information or recommendation from the report, or the part of the report, if: (i) the information or recommendation would be likely to adversely affect the interests of any person; and (ii) the Minister reasonably believes that it is in the public interest to delete the information or recommendation; and (b) must delete from the report, or the part of the report, any confidential information. (4) In making a decision under subparagraph (3)(a)(ii), the Minister must take into account any representations made by the person in response to a notification under subsection (2). (5) A direction under subsection (2) (if made in writing) is not a legislative instrument.