Land Access Ombudsman Act 2017

This section applies to an investigation of a land access dispute referral unless—

the investigation has been discontinued because of section 18(2); or

the land access dispute referral has been withdrawn; or

the land access dispute the subject of the referral has been resolved between the parties other than by way of investigation by the land access ombudsman under this Act.

After finishing the investigation, the land access ombudsman must give the parties a notice about the investigation.

Before the land access ombudsman gives a notice under subsection (2), the ombudsman must—

give the parties a draft of the notice; and

invite the parties to make submissions to the ombudsman, within a stated reasonable period, about the draft of the notice.

A party may make submissions orally or in writing.

The land access ombudsman must have regard to any submissions made by the parties within the stated period before giving a notice under subsection (2).

The notice under subsection (2) must include—

if the land access dispute referral is resolved as a result of the investigation—the details of the resolution of the dispute; or

if the land access dispute referral is not resolved as a result of the investigation—

advice about the merits of the parties’ positions in the land access dispute referral; and

recommendations about how the land access dispute referral could be resolved; and

reasons for the advice and recommendations mentioned in subparagraphs (i) and (ii).

The notice is not binding on the parties and is by way of information or advice only to the parties.

Subsection (9) applies if—

a party has given the land access ombudsman a document or information for an inquiry under section 35 about, or an investigation into, a land access dispute referral; and

the ombudsman relied on the document or information to decide the land access dispute referral; and

the ombudsman is satisfied the document or information is confidential and that disclosing it might be detrimental to the party’s commercial interests.

The land access ombudsman must, in giving reasons under subsection (6)(b)(iii), state that the ombudsman has relied on a confidential document or information given by the party, without disclosing what that document or information is.