Australian Small Business and Family Enterprise Ombudsman (Consequential and Transitional Provisions) Act 2015

The Act relies on a small set of legal concepts and procedural mechanics. They are:

• Transfer of jurisdictional carriage by the Commonwealth Ombudsman. The new section 6E in the Ombudsman Act 1976 allows the Ombudsman to cease investigating a complaint and transfer it to the ASBFE Ombudsman where three factual and legal predicates are satisfied: the complaint could have been made to the ASBFE Ombudsman, it would be more convenient or effective for the ASBFE Ombudsman to deal with it, and the ASBFE Ombudsman has power to deal with it under the ASBFE Act (s 6E(1)). The transfer is discretionary, not automatic.

• Consultation requirement. Before transfer the Ombudsman must consult the ASBFE Ombudsman, either about the particular complaint or about a class of complaints of which the complaint is a member (s 6E(2)). The statute does not define the form, timing or content of consultation beyond that requirement.

• Information and documents transfer obligations. If the Ombudsman transfers a complaint, the Ombudsman must transfer relevant information and documents in its possession or control to the ASBFE Ombudsman as soon as is reasonably practicable (s 6E(3)(b)). The Ombudsman must also notify the complainant in writing as soon as reasonably practicable that the complaint has been transferred (s 6E(3)(c)).

• Legal attribution of status on transfer. A transferred complaint is treated, under the ASBFE Act, as if a formal request for assistance had been made to the ASBFE Ombudsman on the day of transfer (s 6E(4)-(5)). That is a legal conversion of procedural posture from a Commonwealth Ombudsman complaint to an ASBFE Act request.

• Transitional disclosure and reuse for functions. Schedule 2 permits the Australian Small Business Commissioner to disclose to the ASBFE Ombudsman information and documents obtained by the Commissioner in performing advocacy functions, and permits the ASBFE Ombudsman to collect and use them for performing advocacy (Schedule 2, items 1(1)-(2)). Similarly, where a request for assistance to the Commissioner has not finally been dealt with, the Commissioner may disclose relevant information and documents to the ASBFE Ombudsman for the Ombudsman’s assistance function and the Ombudsman may collect and use them (Schedule 2, items 1(3)-(4)).

• Discretionary permissive language for the Commissioner. The Commissioner’s disclosure powers in Schedule 2 are expressed as permissive: “may disclose” and “may collect and use”. They do not impose a mandatory transfer obligation.

• Temporal sequencing. The transfer power in Schedule 1 only comes into effect after key parts of the ASBFE Act commence (Schedule 1 commencement entry). The transitional disclosure powers are effective on Royal Assent (Schedule 2 commencement).

The Act does not modify the substantive powers or limits of the ASBFE Ombudsman under the ASBFE Act; it operates to move complaints and relevant materials and to align carriage. The Act also does not prescribe the content of consultation, the form of transferred material beyond “information or documents”, nor does it require complainant consent when a complaint is transferred or when the Commissioner discloses material under Schedule 2.

The Act changes legal mechanics for four identifiable groups and imposes operational tasks on institutional actors. The affected parties are:

• The Commonwealth Ombudsman (referred to in the source as "the Ombudsman"). Section 6E modifies the Ombudsman Act 1976 by giving the Ombudsman discretion not to investigate or to cease investigating certain complaints and to transfer complaints, subject to consultation and procedural obligations. That places decision-making authority on the Ombudsman to determine whether a complaint falls within a category better handled by the ASBFE Ombudsman (s 6E(1)-(2)).

• The Australian Small Business and Family Enterprise Ombudsman (ASBFE Ombudsman). The ASBFE Ombudsman is the receiving agency for transfers and for disclosures under Schedule 2. On receipt of a transferred complaint, the complaint is treated as if a formal request for assistance had been made under the ASBFE Act on the day of transfer (s 6E(4)-(5)). The ASBFE Ombudsman will therefore receive additional files and materials from the Commonwealth Ombudsman and may collect and use documents disclosed by the Australian Small Business Commissioner under Schedule 2.

• Complainants and small business or family enterprise litigants. Where a complaint lodged with the Commonwealth Ombudsman falls within the statutory criteria, the complaint may be transferred without the complainant’s consent being required by the text. The transferring Ombudsman must give the complainant written notice that the complaint has been transferred (s 6E(3)(c)). After transfer the complainant’s matter is legally a request for assistance under the ASBFE Act (s 6E(4)-(5)). The Act does not require the Ombudsman to seek the complainant’s consent before transfer, nor does it require the Commissioner to obtain consent before disclosing documents under Schedule 2.

• The Australian Small Business Commissioner. Schedule 2 expressly contemplates disclosure by the Commissioner of information and documents obtained in the exercise of the Commissioner’s advocacy functions, and disclosures related to outstanding requests for assistance. The Commissioner’s disclosure powers are discretionary: “may disclose” (Schedule 2, items 1(1) and 1(3)).

• Staff and records managers of both Ombudsman offices. Operationally, staff will need to identify documents and information “relevant” to advocacy or assistance functions, arrange secure transfer of materials, and update case management records to reflect a change in legal status of complaints. The Act requires transfers to be made “as soon as is reasonably practicable” (s 6E(3)(a)-(b)); that phrase will impose operational timetables and recordkeeping expectations.

• Indirectly, agencies or third parties whose conduct is complained about. When a complaint is moved from the Commonwealth Ombudsman to the ASBFE Ombudsman, the complaint’s regulatory posture and the forum dealing with it will change. The Act does not compel any agency or private party to do anything directly, but it shifts which Ombudsman will manage the matter.

The Act does not create new substantive rights for complainants beyond the reclassification mechanism. It also does not specify confidentiality protections for disclosed materials; the permissive disclosure provisions in Schedule 2 are limited to specified purposes (performing the advocacy or assistance functions of the ASBFE Ombudsman).

The Act sets out a small number of positive duties and permissive rights, allocated across the Ombudsman, the ASBFE Ombudsman, and the Australian Small Business Commissioner. Those duties and rights, stated in operational terms from the source, are:

Duties on the Commonwealth Ombudsman (Ombudsman Act 1976, inserted s 6E)

• Duty to consult before transfer: the Ombudsman must not make a decision under s 6E(1) unless the Ombudsman has consulted with the ASBFE Ombudsman about whether it would be more convenient or effective for the ASBFE Ombudsman to deal with the complaint, either in relation to the particular complaint (s 6E(2)(a)) or in relation to a class of complaints that includes the complaint (s 6E(2)(b)). This is a precondition to exercising the transfer discretion.

• Duty on transfer to effectuate the handover promptly: if the Ombudsman decides to transfer a complaint, the Ombudsman must transfer the complaint to the ASBFE Ombudsman as soon as is reasonably practicable (s 6E(3)(a)), and must provide any information or documents relating to the complaint that are in the Ombudsman’s possession or control (s 6E(3)(b)).

• Duty to notify the complainant: on transfer, the Ombudsman must give the complainant written notice that the complaint has been transferred as soon as is reasonably practicable (s 6E(3)(c)).

Rights and effects created by transfer

• Reclassification on transfer: a transferred complaint is taken to be a formal request for assistance made to the ASBFE Ombudsman under the ASBFE Act, and the ASBFE Act applies to the complaint as if the request had been made on the day of transfer (s 6E(4)-(5)). That converts the legal status and any procedural framework in the ASBFE Act to the transferred complaint.

Permissive powers for the Ombudsman

• Discretion to decide not to investigate or not to investigate further and to transfer the complaint where the conditions in s 6E(1) are met. The text uses permissive language ("may decide not to investigate...and to transfer") for this carriage-shifting function (s 6E(1)).

Permissive powers for the Australian Small Business Commissioner (Schedule 2)

• The Commissioner may disclose information and documents obtained in the performance of the Commissioner’s advocacy functions to the ASBFE Ombudsman for the Ombudsman’s advocacy function (Schedule 2, items 1(1)-(2)).

• The Commissioner may disclose information and documents relevant to a request for assistance that has not finally been dealt with by the Commissioner to the ASBFE Ombudsman for the purposes of the Ombudsman performing the Ombudsman’s assistance function (Schedule 2, items 1(3)-(4)). The use of “may” signals discretion; there is no mandatory disclosure obligation.

Rights for the ASBFE Ombudsman

• The ASBFE Ombudsman has the right to collect and use information and documents disclosed by the Commissioner for the corresponding functions (Schedule 2, items 1(2) and 1(4)).

Notable absences in express duties or rights in the text

• The Act does not require complainant consent to transfer a complaint or to disclose Commissioner materials to the ASBFE Ombudsman. The Act does not prescribe the format, timing, or content of the required consultation between Ombudsmen. The Act does not define the meaning of “relevant” information or documents beyond their relation to the advocacy or assistance functions. The Act does not state any confidentiality constraints or redaction obligations in respect of transferred materials. These absences are material to operational practice and should be checked against other applicable statutes and policies.

The Act does not create criminal offences, express civil penalties, monetary fines, or enforcement mechanisms within its text. Its provisions are procedural and operative: they change statutory powers, provide permissive disclosure routes, and set duties to consult, transfer documents, and notify complainants. The statutory language imposes obligations (for example, the Ombudsman “must” consult before transfer where specified and “must” transfer documents and notify the complainant as soon as is reasonably practicable once transfer is decided), but the Act does not provide an express enforcement clause, penalty schedule, or administrative sanction for failure to comply with these duties.

Consequently, enforcement of the obligations established by this Act would be through existing legal and institutional mechanisms applicable to the offices involved, not via new sanctions in this Act. Examples of such mechanisms (not specified in the text of this Act) could include judicial review of administrative decisions, parliamentary scrutiny, internal administrative remedies, and public accountability of statutory officeholders. The Act itself contains no specific private right of action, compensatory regime, or statutory penalty for non‑compliance with the consultation, transfer, disclosure, or notification requirements.

Because the text treats carriage and disclosure as matters of statutory procedure, failure to observe the duties may have legal consequences in related litigation or administrative remedies that arise under other statutes or common law. For example, where the transferred status of a complaint matters for time limits or jurisdiction in the ASBFE Act, improper transfer practice could have downstream consequences for a complainant’s rights under that Act. Those downstream consequences are not specified in this Act; the Act only sets the mechanical conversion that transfer has the legal effect of treating the complaint as a request under the ASBFE Act (s 6E(4)-(5)).

Finally, the permissive language used for Commissioner disclosures in Schedule 2 limits exposure to penalty risk under this Act because the Commissioner is not mandated to disclose; however, misuse or improper disclosure of confidential information might engage other laws or internal policies, which are outside the scope of this Act and not addressed in its text.

This Act is expressly consequential and transitional in nature; it interacts with at least two statutory frameworks in defined ways: the Ombudsman Act 1976 and the Australian Small Business and Family Enterprise Ombudsman Act 2015. The Act references but does not reproduce provisions of the ASBFE Act; therefore, the practical operation of the transfer mechanism depends on the substantive powers, limits, and procedures that the ASBFE Act confers on the ASBFE Ombudsman.

Key textual interactions:

• Amendment to Ombudsman Act 1976. Schedule 1 inserts a new section 6E into the Ombudsman Act 1976. That insertion creates an inter-agency transfer mechanism. The Ombudsman’s discretion to transfer is conditional on the ASBFE Ombudsman having power to deal with the complaint under the ASBFE Act (s 6E(1)(b)). Thus the transfer power operates only to the extent the ASBFE Act grants relevant jurisdiction or remedies.

• Legal status conversion. Section 6E(4) and (5) state that once transferred, the complaint is to be treated as if a request for assistance had been made under the ASBFE Act on the day of transfer. The effect is that procedural rights, time limits, and remedial possibilities set out in the ASBFE Act now govern the transferred matter. Any definitions, thresholds, or exclusionary provisions in the ASBFE Act will therefore apply to transferred complaints.

• Temporal sequencing and commencement. Schedule 1’s commencement is tied to the commencement of sections 3 to 96 of the ASBFE Act. The table in s 2 sets Schedule 1 to commence immediately after those sections of the ASBFE Act commence (column 2). Operationally, the Ombudsman cannot rely on the transfer power before the ASBFE Act is in force to the necessary extent.

• Transitional disclosure versus general disclosure duties. Schedule 2 permits the Australian Small Business Commissioner to disclose information and documents to the ASBFE Ombudsman for specified functions. Those permissive disclosure powers operate in the transitional period and provide a legal pathway for transfer of Commissioner materials into the ASBFE Ombudsman’s hands. The Schedule limits use to performing the Ombudsman’s advocacy or assistance functions. The Act does not displace other statutory obligations governing confidentiality, privacy, secrecy, or handling of official documents that may exist elsewhere. Where such other laws apply, offices will need to reconcile those obligations with the permissive disclosures authorised by Schedule 2. The Act itself does not specify which law prevails in a conflict; it simply authorises disclosure and collection for the stated purposes.

• Absence of express data protections or consent requirements. The Act does not require complainant consent for transfer or for Commissioner disclosure to the ASBFE Ombudsman. If other laws (for example, privacy legislation) impose consent or other constraints on disclosure, agencies will need to reconcile those obligations. The Act’s text does not alter or displace those other regimes.

• Interaction with complaint-handling and administrative law. Because a transferred complaint is legally a request under the ASBFE Act, any remedies, review rights, or procedural entitlements linked to the ASBFE Act will attach to the matter. The Act itself does not define or alter judicial review or administrative law principles that may apply to decisions made under either Ombudsman Act.

In short, this Act functions as a bridge between the Commonwealth Ombudsman framework and the ASBFE Ombudsman framework and supplies a transitional pathway from the Australian Small Business Commissioner to the ASBFE Ombudsman. Its practical effects therefore depend on how the ASBFE Act and any other applicable statutes define the ASBFE Ombudsman’s functions, powers, and limits.

The Act is short and self‑contained in its amendment purpose. The amendment history contained within the source is limited to the single enactment captured in the supplied text. Key features of the amendment history as set out in the source are:

• Date of assent. The Act received Royal Assent on 10 September 2015. That date appears in the commencement table and the formal enactment header.

• Schedules amending existing law. Schedule 1 to this Act amends the Ombudsman Act 1976 by inserting section 6E (Transfer of complaints to the Australian Small Business and Family Enterprise Ombudsman). The insertion is explicit in Schedule 1, item 1: it places the new section 6E after section 6D of the Ombudsman Act 1976.

• Transitional provisions. Schedule 2 to this Act contains transitional provisions that permit disclosure, collection and use of information and documents held by the Australian Small Business Commissioner for the ASBFE Ombudsman’s advocacy and assistance functions. Schedule 2 commenced on Royal Assent (10 September 2015) per the commencement table.

• Staged commencement for Schedule 1. The commencement table in section 2 sets out that Schedule 1 commences "immediately after the commencement of sections 3 to 96 of the Australian Small Business and Family Enterprise Ombudsman Act 2015." The table records an implementation date for Schedule 1 as 10 March 2016, which is the date noted for that linkage. The text therefore implements a staged approach so the transfer power comes into effect only after the ASBFE Act has reached a specified stage of commencement.

• Limited scope of amendments. The Act does not otherwise amend the ASBFE Act by textual changes in these schedules; it merely references the ASBFE Act as the receiving legal framework. The amendment is consequential and transitional in nature rather than substantive across multiple statutes.

• Parliamentary speech record. The source includes a note that the Minister’s second reading speech was made in the House of Representatives on 3 June 2015 and in the Senate on 17 June 2015. That indicates the parliamentary materials associated with introduction and consideration of the Bill, but the text provided does not reproduce those speeches or their content.

No further amendment events, subsequent modifications, or later legislative changes are recorded in the source material provided. Any later amendments or repeals would not be reflected in the supplied text.

The supplied text contains no litigation history. It does not cite any judicial decisions, nor does it report on cases that have interpreted the new section 6E or the transitional provisions in Schedule 2. The Act is procedural and was enacted to operate in conjunction with the Australian Small Business and Family Enterprise Ombudsman Act 2015; it is reasonable to expect that litigation about its operation, if any, would concern issues such as whether the Ombudsman correctly applied the consultation precondition, the meaning of “could be more conveniently or effectively dealt with”, the sufficiency of transferred materials, or the legal consequences of conversion to an ASBFE request. None of those points are litigated or described in the source text.

Because the source does not supply any cases, readers who require precedential or interpretive authority must look beyond this Act to subsequent case law, administrative determinations, or tribunal decisions. Those materials are not part of the source and therefore are not discussed here.

The Act’s brevity exposes some operational and legal frictions that practitioners should note, grounded strictly in the text:

• “May” versus “must” language. The Act uses permissive language for key decisions in a way that affects obligations. For example, the Ombudsman "may decide not to investigate...and to transfer" (s 6E(1)). The Commissioner "may disclose" materials (Schedule 2). By contrast, once a decision to transfer is made, the Ombudsman "must" transfer documents and "must" give written notice to the complainant as soon as reasonably practicable (s 6E(3)). Practically, this means the initial decision is discretionary but the mechanics of effecting a transfer include mandatory steps.

• No statutory definition of consultation. Section 6E(2) requires consultation with the ASBFE Ombudsman before transfer but does not define consultation’s form, timing, or content. The absence of a statutory standard for what constitutes adequate consultation creates operational uncertainty about how to document compliance. That gap may generate administrative friction or disputes if a complainant or the receiving Ombudsman challenges the sufficiency of the consultation.

• “Could have been made” and “could be more conveniently or effectively dealt with” are subjective thresholds. The statutory trigger requires the Ombudsman to “form the opinion” that a complaint could have been made to the ASBFE Ombudsman and that it could be more conveniently or effectively dealt with by that office (s 6E(1)(a)(i)-(ii)). Those are normative judgments not further specified in the Act. Absent policy guidance, different Ombudsmen may apply those standards divergently.

• Transfer without complainant consent. The text does not require complainant consent to transfer (s 6E(1)-(3)). The Ombudsman must notify the complainant in writing after transfer (s 6E(3)(c)), but the complainant’s consent is not a statutory precondition. Practitioners should note the potential reputational or procedural consequences of transferring without consent and whether other laws (not in the source) may constrain such disclosures.

• Broadness of “information or documents relating to the complaint”. Section 6E(3)(b) requires transfer of “any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman.” The Act does not define the scope of “relating to” or provide redaction rules for sensitive third-party material. That ambiguity places a compliance and risk-management burden on the transferring office.

• “As soon as is reasonably practicable” creates a flexible but open-ended timetabling standard. Both the transfer obligation (s 6E(3)(a)-(b)) and the notification obligation (s 6E(3)(c)) are subject to the reasonableness standard. That creates practical room for differing interpretations about acceptable turnaround times.

• Schedule 2’s disclosure permission is function-limited. The Commissioner may disclose materials “for the purposes of the Ombudsman performing the Ombudsman’s advocacy function” and, for assistance matters, where a request has not finally been dealt with, “for the purposes of the Ombudsman performing the Ombudsman’s assistance function” (Schedule 2, items 1(1)-(4)). The Act does not authorise broader uses of the materials by the ASBFE Ombudsman beyond those functional purposes. Any reuse outside those functions would need separate authority.

• “Not finally been dealt with” is an imprecise cut-off for assistance disclosures. Schedule 2(3) allows disclosure where a request for assistance to the Commissioner has not finally been dealt with. The Act does not define “finally been dealt with.” Practitioners will need to interpret that phrase against existing administrative practice or create internal guidance to determine when a request is “final”.

• Commencement sequencing matters. Schedule 1 becomes operative only after specified parts of the ASBFE Act commence (s 2 table). If agencies move too quickly to transfer complaints before those parts are in force, the legal effect intended by s 6E(4)-(5) may not follow.

• No express data protection or confidentiality regime in the Act. The Act authorises transfers and disclosures but does not address privacy, secrecy, or confidentiality constraints. Agencies should consider applicable privacy legislation and security requirements when transferring documents, as the Act does not remove such obligations.

• No express oversight or enforcement mechanism in the Act. The absence of sanctions or specific enforcement provisions means compliance may rely on institutional, administrative, or external legal remedies not set out in this text.

Those practical tensions are explicit in the statutory language. They indicate areas where institutions should develop protocols and where practitioners should exercise caution and document decisions carefully.

Compliance under this Act is a matter of following the procedural duties the Act imposes and managing the discretionary powers prudently. The text prescribes specific actions for the Commonwealth Ombudsman and optional actions for the Australian Small Business Commissioner and the ASBFE Ombudsman. Practical compliance steps, strictly grounded in the statutory wording, are:

For the Commonwealth Ombudsman (when considering transfer under s 6E):

1. Case assessment. Before deciding to transfer, form an evidentiary basis for the opinions required by s 6E(1): that the complaint could have been made to the ASBFE Ombudsman and that it could be more conveniently or effectively dealt with by that Ombudsman. Record the reasons for both opinions.

2. Consultation prerequisite. Do not decide to transfer until consultation with the ASBFE Ombudsman has occurred. The consultation may be about the single complaint (s 6E(2)(a)) or about an identified class of complaints that includes the complaint (s 6E(2)(b)). Document the date, participants, substance and outcome of the consultation to show the precondition has been met.

3. Decision documentation. If choosing to exercise the discretion to transfer under s 6E(1), document the decision rationale, referencing the consultation and the statutory criteria.

4. Transfer mechanics. On deciding to transfer, transfer the complaint “as soon as is reasonably practicable” to the ASBFE Ombudsman (s 6E(3)(a)). Prepare and transmit “any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman” (s 6E(3)(b)). Keep a contemporaneous inventory of all items transferred.

5. Complainant notification. Provide the complainant with written notice that the complaint has been transferred as soon as is reasonably practicable (s 6E(3)(c)). Keep a copy of the written notification in the case file.

6. Case management continuity. Where possible, annotate internal records to show the transfer date and the legal effect that, once transferred, the matter is treated as a formal request to the ASBFE Ombudsman under the ASBFE Act on the day of transfer (s 6E(4)-(5)). Cross‑reference any rights or procedures under the ASBFE Act as necessary.

For the Australian Small Business Commissioner (Schedule 2 disclosures):

1. Identify relevant materials. For advocacy-related disclosures, identify information or documents obtained by the Commissioner in performing advocacy functions that are relevant to the Ombudsman’s advocacy function (Schedule 2, items 1(1)-(2)). For assistance-related disclosures, identify materials relevant to a request for assistance that has not finally been dealt with (Schedule 2, items 1(3)-(4)).

2. Discretion and internal clearance. Because Schedule 2 uses permissive language (“may disclose”), establish an internal clearance process before disclosure. This can include legal review to ensure disclosure is authorised by Schedule 2 and does not conflict with other statutory confidentiality or privacy obligations.

3. Limit disclosure to stated purposes. Disclose only for the purposes authorised: performing the ASBFE Ombudsman’s advocacy or assistance function. Maintain records describing the statutory basis for the disclosure and the specific purposes to which the ASBFE Ombudsman may put the materials.

4. Secure transfer and chain of custody. For both Schedule 2 disclosures and any transfers under s 6E(3)(b), use secure transmission and maintain a chain of custody for documents and information to protect sensitive data.

For the ASBFE Ombudsman (on receipt):

1. Acknowledge receipt and update case status. On receiving transferred complaints or disclosed materials, acknowledge receipt and update case management records to reflect that the complaint is treated as a formal request for assistance under the ASBFE Act as of the transfer date (s 6E(4)-(5)).

2. Restrict use to authorised functions. Use documents disclosed under Schedule 2 only for the advocacy or assistance functions authorised by the Schedule. Maintain a record of use consistent with the stated purpose.

Cross‑office measures recommended by the Act’s mechanics:

1. Memorandum of understanding. While not required by the Act, a practical compliance tool is a written memorandum between the Ombudsman and the ASBFE Ombudsman documenting consultation processes, transfer templates, data security protocols, and timing expectations for “as soon as is reasonably practicable.” The Act’s consultation requirement and transfer obligations create an operational need for coordinated procedures.

2. Templates and inventories. Prepare standard templates for consultation records, transfer inventories, complainant notifications, and secure transfer checklists. The Act’s demands for documentation of consultation, transfer of materials, and written notice to complainants make these templates practical.

3. Privacy and confidentiality safeguards. Before transferring or disclosing information and documents, perform a privacy/confidentiality check against any applicable non-enacted-in-this-text obligations. Even though the Act authorises certain disclosures, other laws may impose constraints. Document legal advice obtained.

4. Training and governance. Train staff in identifying complaints that may be amenable to transfer and in the procedural steps mandated by s 6E and Schedule 2, including documentation, consultation expectations, and secure transfer.

5. Record retention and audit trail. Because the Act imposes duties on public offices, keep an audit trail of consultation, decision-making, notifications, and transfers to support administrative accountability and any subsequent review.

These compliance steps flow directly from the obligations and permissions contained in the Act: consult before transfer (s 6E(2)), transfer documents and notify complainant as soon as reasonably practicable (s 6E(3)), and use Schedule 2’s permissive disclosure powers within the functional limits set out in the Schedule. They do not presume other statutory obligations not in the text; where other laws may apply, offices should obtain separate legal advice.