Decisions relating to access applications
1 Decisions relating to access applications
Each of the following decisions relating to an access application is a reviewable decision—
a decision that the application or a part of the application is outside the scope of this Act under section 32(1)(b), other than a judicial function decision;
a decision that the application does not comply with all relevant application requirements under section 33(6);
a decision—
to disclose a document contrary to the views of a relevant third party obtained under section 37; or
to disclose a document if an agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 37;
a decision refusing to deal with the application under chapter 3, part 4;
a decision refusing access to all or part of a document under section 47;
a decision deferring access to a document under section 72;
a decision giving access to documents subject to the deletion of information under section 73;
a decision about whether access is to be given to documents that purports to, but may not, be a decision on all documents the subject of the application;
Example of when decision may not be on all documents the subject of an access application—
an agency has not taken reasonable steps to identify and locate documents applied for by an applicant
a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;
a decision about whether a processing charge or access charge is payable in relation to access to a document (including a decision not to waive charges);
a deemed decision.
This Act’s bill:Explanatory memorandumSecond reading speech
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