Freedom of Information Amendment (Reform) Act 2010

This section applies if:

an agency or Minister decides:

to refuse to give access to an exempt document; or

that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access; and

it is possible for the agency or Minister to prepare a copy (an edited copy) of the document, modified by deletions, ensuring that:

access to the edited copy would be required to be given under section 11A (access to documents on request); and

the edited copy would not disclose any information that would reasonably be regarded as irrelevant to the request; and

it is reasonably practicable for the agency or Minister to prepare the edited copy, having regard to:

the nature and extent of the modification; and

the resources available to modify the document; and

it is not apparent (from the request or from consultation with the applicant) that the applicant would decline access to the edited copy.

The agency or Minister must:

prepare the edited copy as mentioned in paragraph (1)(b); and

give the applicant access to the edited copy.

The agency or Minister must give the applicant notice in writing:

that the edited copy has been prepared; and

of the grounds for the deletions; and

if any matter deleted is exempt matter—that the matter deleted is exempt matter because of a specified provision of this Act.

Section 26 (reasons for decision) does not apply to the decision to refuse access to the whole document unless the applicant requests the agency or Minister to give the applicant a notice in writing in accordance with that section.

in the case of a decision to refuse to give access to a conditionally exempt document—include in those reasons the public interest factors taken into account in making the decision; and

Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).