s.42Appeal to Ombudsman
42
Section 42Part 7 — Enforcement by Ombudsman

Appeal to Ombudsman

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A person who has made a request for a record and has exhausted the other means of redress provided for under this Act except this section may in writing apply to the Ombudsman for a decision that a public authority has —
failed to indicate whether or not it holds a record;
failed to communicate the information contained in a record within the time allowed by this Act or at all;
failed to respond to a request for a record within the time limits established in this Act;
failed to provide a notice in writing of its response to a request for a record;
charged a fee that is in contravention of this Act; or
otherwise failed to comply with an obligation imposed under this Act.
An appeal —
shall be made within thirty calendar days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or
shall, where no notification has been given, be given within the period required by this Act, within thirty calendar days after the expiration of that period.
Where an appeal is not made within the period specified in subsection (2), the Ombudsman may extend that period if the Ombudsman is satisfied that the appellant's delay in doing so is not unreasonable.
The Ombudsman may, at any time after receiving an appeal, decide not to consider the appeal, or to stop considering the appeal, because it is frivolous or vexatious.
If the Ombudsman decides not to consider the appeal, or to stop considering the appeal, the Ombudsman shall inform the appellant, in writing, of the decision and the reasons for the decision.

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