82Ombudsman review

82 Ombudsman review (1) This section applies to an application for ombudsman review. (2) Unless resolved informally under section 80A or by mediation under section 81, the ombudsman must review the decision and— (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision and make a substitute decision. (3) The ombudsman must make a decision under subsection (2) within 30 working days after— (a) if the ombudsman has, under section 80A (2) or section 81 (2), suspended the application of this section—the end of the period for which the application of this section is suspended; or (b) if the ombudsman has given a written notice to a person, under section 79 (1), in relation to the application—the time, or the end of the period, stated in the notice under section 79 (2) (b); or (c) in any other case—the day the application for ombudsman review was made. Example—par (a) The ombudsman receives an application for ombudsman review and makes attempts over a period of 20 working days to assist the parties to resolve the matter by an informal process under section 80A, but without success. The ombudsman must make a decision within 30 working days after the end of the 20 working days devoted to the attempts under section 80A. (4) The ombudsman may exercise any function given under this Act to the agency or Minister for making the decision. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(5) The ombudsman may decide not to review the decision if— (a) the applicant for review does not give the ombudsman enough information to review the decision; or (b) there is no reasonable prospect that the original decision would be varied or set aside; or (c) the respondent makes a decision on the access application or otherwise resolves the application; or (d) the ombudsman is satisfied that the review application is frivolous or vexatious or involves an abuse of process; or (e) the ombudsman has been unable to contact the applicant for review despite making reasonable efforts. Note If, under par (a) or (e), the ombudsman has decided not to review a decision and the applicant wishes to make a new application for ombudsman review, the longer period necessary for making the new application may be allowed by the ombudsman under s 74 (1). (6) If the ombudsman decides to vary or set aside the decision, the ombudsman may direct that any fee paid by the applicant for the application for review be refunded. (7) The ombudsman must publish the ombudsman’s decision and the reasons for the decision as soon as practicable after making the decision. Note The ombudsman must also give a reviewable decision notice to the participants in the review (see s 71 (5)). (8) The ombudsman may correct a mistake, error or omission in a decision, or the reasons for a decision, made under this section.