Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 27A

       (1AA)  This section applies if:

                     (a)  a request is received by an agency or Minister in respect of a document containing personal information about a person (including a person who has died); and

                     (b)  it appears to:

                              (i)  the officer or Minister dealing with the request; or

                             (ii)  a person (the reviewer ) reviewing under section 54 a decision refusing the request;

                            that the person referred to in paragraph (a) or, if that person has died, the legal personal representative of that person, might reasonably wish to contend that the document, so far as it contains that information, is an exempt document under section 41.

             (1)  A decision to grant access under this Act to the document or an edited copy of the document, so far as it contains that information, must not be made unless, where it is reasonably practicable to do so having regard to all the circumstances (including the application of subsections 15(5) and (6)):

                     (a)  the agency or Minister has given to the person or the legal personal representative of the person, as the case may be, a reasonable opportunity of making submissions in support of a contention that the document or edited copy, so far as it contains that information, is an exempt document under section 41; and

                     (b)  the person making the decision has had regard to any submissions so made.

          (1A)  In determining, for the purposes of subsection (1AA), whether a person might reasonably wish to contend that a document, so far as it contains personal information, is an exempt document under section 41, the officer, Minister or reviewer, as the case requires, must have regard to the following matters:

                     (a)  the extent to which the personal information is well known;

                     (b)  whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document;

                     (c)  the availability of the personal information from publicly accessible sources;

                     (d)  such other matters as the officer, Minister or reviewer, as the case requires, considers relevant.

             (2)  Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document or edited copy, so far as it contains the information referred to in paragraph (1)(a), is not an exempt document under section 41:

                     (a)  the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and

                     (b)  access shall not be given to the document or edited copy, so far as it contains the information referred to in paragraph (1)(a), unless:

                              (i)  the time for an application to the Tribunal in accordance with section 59A by the person who made the submissions has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or

                            (ia)  such an application has been made but the Tribunal has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975 ; or

                             (ii)  such an application has been made and the Tribunal has confirmed the decision.

             (3)  Nothing in paragraph (2)(b) prevents access being given to a document of a kind referred to in that paragraph if a further request has been made for access to the document and there is no failure to comply with this section in dealing with the further request.