Direction to decide whether documents to be amended

In force

(1)

This section applies in relation to an external review of a relevant decision made by an agency or

Minister in relation to an amendment application (the

original amendment application) if—

(a)

the information commissioner would, other than for this section, have decided to set aside the relevant decision and make a decision in substitution for the relevant decision under section 110(1)(c); and

(b)

the commissioner believes it would be more efficient and effective for the agency or Minister to consider whether amendment of the subject documents is to be permitted or refused than for the commissioner to make a decision in substitution for the relevant decision under section 110(1)(c); and

(c)

the commissioner believes that if the agency or Minister were to consider whether amendment of the subject documents is to be permitted or refused, it is reasonably likely the agency or Minister would be able to make a decision that is consistent with the primary object of this Act.

(2)

The commissioner may, after consulting with the agency or Minister about the matters mentioned in subsection (1), set aside the relevant decision and give a notice to the agency or

Minister—

(a)

stating that the relevant decision is set aside; and

(b)

directing the agency or

Minister to decide whether amendment of the subject documents is to be permitted or refused as if the ground for making the relevant decision did not apply in relation to the documents.

(3)

If an agency or Minister is given a notice under subsection (2), a new amendment application is taken to have been made by the amendment applicant under section 78E in relation to the subject documents.

(4)

For subsection (3)—

(a)

the new amendment application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice to the agency or Minister under subsection (2);

and

(b)

despite section 78E(4)(d)(i), the new amendment application need not be accompanied by evidence of identity for the amendment applicant; and

(c)

despite section 78E(4)(d)(ii), if an agent is acting for the amendment applicant and the agent is the same agent who acted on the original amendment application, the new amendment application need not be accompanied by evidence of the agent’s authorisation; and

(d)

for section 78P, the original amendment application is taken never to have been made in relation to the subject documents.

(5)

In this section—

amendment applicant means the applicant for the original amendment application.

relevant decision, in relation to an amendment application, means a decision—

(a)

that the application or a

part of the application is outside the scope of this Act under section 78J(1)(b); or

(b)

that the application does not comply with all relevant application requirements under section 78K(6); or

(c)

to refuse to deal with the application under chapter 3A, part 4.

subject documents means documents the subject of the original amendment application amendment of which was neither permitted nor refused because of the relevant decision.

This Act’s bill:Explanatory memorandum Second reading speech

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110B Direction to decide whether documents to be amended