Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 16

16. (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 which, or person
        who, is not an agency but would be an agency but for section 7, or
        regulations made under that section; 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 Department corresponding to the
        Department of State administered by the Minister who administers 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; and

   (b)  is more closely connected with functions of the other agency 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 deemed 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.