Right to Information Act 2009

This section applies if a document the subject of an external review of a decision relating to an access application contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party).

The commissioner may—

give access to the document to the relevant third party to obtain the views of the relevant third party about whether—

the document is a document to which this Act does not apply; or

the information is exempt information or contrary to public interest information; and

inform the relevant third party that if the commissioner decides, on the external review, to give access to the document, access may also be given to the document under a disclosure log.

If disclosure of information may reasonably be expected to be of concern to a person but for the fact that the person is deceased, subsections (1) and (2) apply as if the person’s representative were a relevant third party.

If the commissioner gives access to a document under this section, the commissioner must notify the agency or Minister for the decision the subject of the external review of the giving of the access.

In this section—