58Minister may publish Ombudsman’s advice

58 Minister may publish Ombudsman’s advice

(1) The Minister may publish advice given by the Ombudsman under section 57 in any way he or she thinks fit. (2) If the publication of information or an opinion in the advice would be likely to adversely affect the interests of any person, the Minister must, before publishing the advice, direct the Ombudsman: (a) to notify the person that the information or opinion is contained in the advice; 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 opinion, and its publication. (3) Before publishing the advice, the Minister: (a) may delete any information or opinion from the advice if: (i) the information or opinion 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 opinion; and (b) must delete from the advice 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.