Onus
87 Onus
On an external review, the agency or
Minister who made the decision under review has the onus of establishing that the decision was justified or that the information commissioner should give a decision adverse to the applicant.
However, if the decision under external review is a disclosure decision, the participant in the external review application who opposes the disclosure decision has the onus of establishing that a decision not to disclose the document or information is justified or that the commissioner should give a decision adverse to the person who wishes to be given access to the document.
In this section—
disclosure decision means—
a decision to disclose a document or information contrary to the views of a relevant third party obtained under section 37; or
a decision to disclose a document or information if the agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 37.
This Act’s bill:Explanatory memorandumSecond reading speech
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