Applications to Ombudsman

(1) Application may be made to the Ombudsman for review of a decision refusing to grant access to a document in accordance with a request or deferring the provision of access to a document. (2) Subject to subsection (3) of this section, in proceedings under this Part, the Ombudsman has power, in addition to any other power, to review any decision that has been made by a Ministry or prescribed authority in respect of the request and to decide any matter in relation to the request that, under this Act, could have been or could be decided by a Ministry or prescribed authority, and any decision of the Ombudsman under this section has the same effect as a decision of the Ministry or prescribed authority. (3) Where, in proceedings under this section, it is established that a document is an exempt document, the Ombudsman does not have power to decide that access to the document, so far as it contains exempt matter, is to be granted. 26 (4) Where, under a provision of Part IV, it is provided that a certificate of a specified kind establishes conclusively, for the purposes of this Act, that a document is an exempt document and such a certificate has been given in respect of a document, the powers of the Ombudsman do not extend to reviewing the decision to give the certificate or the existence of proper grounds for the giving of the certificate. (5) The powers of the Ombudsman under this section extend to matters relating to fees and charges payable under this Act in relation to a request.