35Procedure where public body determines disclosure not to be public interest disclosure

35 Procedure where public body determines disclosure not to be public interest disclosure

(1)  If, under section 33 , a public body determines that a disclosure is not a public interest disclosure, the public body must, within 14 days –

(a) notify the person who made the disclosure of that determination; and

(b) [Section 35 Subsection (1) amended by No. 68 of 2009, s. 19, Applied:01 Oct 2010] notify the Ombudsman that the public body has determined that the disclosure is not a public interest disclosure.

(2)  [Section 35 Subsection (2) substituted by No. 68 of 2009, s. 19, Applied:01 Oct 2010] On receipt of a notification that a public body has determined that a disclosure is not a public interest disclosure, the Ombudsman must review that determination.

(3)  [Section 35 Subsection (3) inserted by No. 68 of 2009, s. 19, Applied:01 Oct 2010] Subsection (1)(a) does not apply in respect of a person who made an anonymous disclosure.