78J

Application or part of application outside scope of Act

In force

(1)

This section applies if—

(a)

a person makes an application under this chapter to an entity to amend a document; and

(b)

the entity decides the application or a part of the application is outside the scope of this Act for 1 or more of the following reasons—

(i)

the application or part relates to a document that is not a document of an agency or a document of a Minister;

(ii)

for the application or part, the entity is an entity to which this Act does not apply;

(iii)

the application or part is made to the OIC, the information commissioner, the

RTI commissioner or the privacy commissioner in contravention of section 78G.

(2)

Within 25 business days after the application is received, the entity must give prescribed written notice of the decision to the applicant.

Note—

A decision that an application or a part of an application is outside the scope of this Act under any of schedule 2, part 2, items 1 to 8 is a judicial function decision (see schedule 5, definition judicial function decision) which is not a reviewable decision (see schedule 4, section 2(a)), but may be appealed to the appeal tribunal (see section 119(2)).

(3)

If an entity gives prescribed written notice to an applicant of a decision under this section in relation to only part of an application—

(a)

the application continues to be an amendment application excluding the part of the application the subject of the decision;

and

(b)

the entity must consider the amendment application as continued under paragraph (a).

This Act’s bill:Explanatory memorandum Second reading speech

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