(1) It shall be a function of the Ombudsmen to investigate and review any decision by which a department or Minister of the Crown or organisation—
(2) It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department or an officer or an employee of a department authorised by its chief executive or a Minister of the Crown or an organisation extends any time limit under section 15A.
(3) An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.
(3A) A complaint made orally must be put in writing as soon as practicable.
(4) If, in relation to any request made in accordance with section 12, any department or Minister of the Crown or organisation fails within the time limit fixed by section 15(1) (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 15(1), that failure shall be deemed, for the purposes of subsection (1), to be a refusal to make available the official information to which the request relates.
(5) Undue delay in making official information available in response to a request for that information, shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available.
Section 28: replaced, on 1 April 1987, by section 16(1) of the Official Information Amendment Act 1987 (1987 No 8).
Section 28(2): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20).
Section 28(3): replaced, on 22 October 2003, by section 5 of the Official Information Amendment Act 2003 (2003 No 90).
Section 28(3A): inserted, on 22 October 2003, by section 5 of the Official Information Amendment Act 2003 (2003 No 90).