105A

Referral of particular documents relating to external review to agency or Minister

In force

(1)

This section applies if—

(a)

an application is made to the information commissioner for external review of a decision relating to an access application;

and

(b)

the commissioner becomes aware of the existence of a document that the commissioner believes may not have been considered by the agency or Minister in making the decision the subject of the external review; and

Examples of ways the commissioner may become aware of the existence of a document—

• a search required under section 102 has located the document

• the document is referred to in another document produced to the commissioner

• the agency advises the commissioner that the agency holds additional documents

(c)

the commissioner considers—

(i)

referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and

(ii)

it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act.

(2)

The commissioner may, after consulting with the agency or Minister about the matters in subsection (1)(c), refer the document to the agency or Minister for a decision about whether access is to be given to the document.

(3)

On the referral of the document under subsection (2)—

(a)

a new access application is taken to have been made by the access applicant under section 24 in relation to the document; and

(b)

the external review continues as if the review did not apply in relation to the document.

(4)

For subsection (3)(a)—

(a)

the new access application is taken to have been made on the day the information commissioner refers the document to the agency or

Minister under subsection (2);

and

(b)

despite section 24(2)(a), no application fee is payable in relation to the new access application;

and

(c)

despite section 24(2)(d)(i), the new access application need not be accompanied by evidence of identity for the access applicant; and

(d)

despite section 24(2)(d)(ii), if an agent is acting for the access applicant and the agent is the same agent who acted on the original access application, the new access application need not be accompanied by evidence of the agent’s authorisation; and

(e)

despite chapter 3, part 6, no processing charge or access charge is payable in relation to the new access application.

(5)

In this section—

access applicant means the applicant for the access application mentioned in subsection (1)(a).

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.