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FREEDOM OF INFORMATION ACT 1982 - SECT 11A
Access to documents on request
Scope
(1) This section applies if:
(a) a request is made by a person, in accordance with
subsection 15(2), to an agency or Minister for access to:
(b) any charge that, under the regulations, is required to be paid
before access is given has been paid.
(2) This section applies subject to this Act.
Note: Other provisions
of this Act are relevant to decisions about access to documents, for example
the following:
(a) section 12 (documents otherwise
available);
(b) section 13 (documents in national
institutions);
(c) section 15A (personnel records);
(d) section 22 (access to edited copies with exempt or
irrelevant matter deleted).
Mandatory access--general rule
(3) The agency or Minister must give the person access to the document
in accordance with this Act, subject to this section.
Exemptions and
conditional exemptions
(4) The agency or Minister is not required by this Act to give the
person access to the document at a particular time if, at that time, the
document is an exempt document.
Note: Access may be
given to an exempt document apart from under this Act, whether or not in
response to a request (see section 3A
(objects--information or documents otherwise accessible)).
(objects--information or documents otherwise accessible)).
(5) The agency or Minister must give the person access to the document
if it is conditionally exempt at a particular time unless (in the
circumstances) access to the document at that time would, on balance, be
contrary to the public interest.
Note 1:
Division 3 of Part IV provides for when a document is
conditionally exempt.
Note 2: A
conditionally exempt document is an exempt document if access to the document
would, on balance, be contrary to the public interest (see section 31B
(exempt documents for the purposes of Part IV)).
Note
3: Section 11B deals with when it is
contrary to the public interest to give a person access to the document.
(6) Despite subsection (5), the agency or Minister is not required
to give access to the document at a particular time if, at that time, the
document is both:
(a) a conditionally exempt document; and
(b) an exempt document:
(i) under Division 2 of Part IV (exemptions); or
(ii) within the meaning of paragraph (b) or (c) of the definition
of exempt document in subsection 4(1).
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