TASIn ForceAct
Public Interest Disclosures Act 2002
35Procedure where public body determines disclosure not to be public interest disclosure
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### 35 Procedure where public body determines disclosure not to be public interest disclosure
> > (1) If, under [section 33](#GS33@EN) , a public body determines that a disclosure is not a public interest disclosure, the public body must, within 14 days –
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> > > > (a) notify the person who made the disclosure of that determination; and
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> > > > (b) [*\[Section 35 Subsection (1) amended by No. 68 of 2009, s. 19, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS19@Hpa@EN) notify the Ombudsman that the public body has determined that the disclosure is not a public interest disclosure.
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> > (2) [*\[Section 35 Subsection (2) substituted by No. 68 of 2009, s. 19, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS19@Hpb@EN) 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.
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> > (3) [*\[Section 35 Subsection (3) inserted by No. 68 of 2009, s. 19, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS19@Hpb@EN) [Subsection (1)(a)](#GS35@Gs1@Hpa@EN) does not apply in respect of a person who made an anonymous disclosure.