Australian Capital Territory Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 15

    (1)     Where a request is made to an agency for access to a document and—

        (a)     the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or

        (b)     the subject matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made;

the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency.

    (2)     Where a request is made to an agency for access to a document that—

        (a)     originated with, or has been received from, a body to which, or a person to whom, regulations made for section 6 (4) (a) apply; and

        (b)     is more closely connected with the functions of that body or person than with those of the agency to which the request is made;

the request shall be transferred to the administrative unit responsible for the administration of the enactment by or under which the body or person is established, continued in existence or appointed.

    (3)     Where a request is made to an agency for access to a document that—

        (a)     originated in, or has been received from, another agency, being an agency to which the regulations made for section 6 (4) (b) apply; and

        (b)     is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made;

the agency to which the request is made shall transfer the request to the other agency.

    (4)     Where a request is transferred to an agency in accordance with this section, the agency making the transfer shall inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency.

    (5)     Where a request is transferred to an agency in accordance with this section, it shall be taken to be a request made to that agency and received at the time at which it was originally received.

    (6)     In this section:

"agency" includes a Minister.