GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 106
Decisions about Cabinet and Executive Council information
GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 106
Decisions about Cabinet and Executive Council information
106 Decisions about Cabinet and Executive Council information
(1) On an NCAT
administrative review of a decision by an agency that there is an
overriding public interest against disclosure of information because the
information is claimed to be Cabinet or Executive Council information (as
described in Schedule 1), NCAT is limited to deciding whether there were
reasonable grounds for the agency's claim and is not authorised to make a
decision as to the correct and preferable decision on the matter.
(2) If NCAT
is not satisfied, by evidence on affidavit or otherwise, that there were
reasonable grounds for the claim, it may require the information to be
produced in evidence before it.
(3) If NCAT is still not satisfied after
considering the evidence produced that there were reasonable grounds for the
claim, NCAT is to reject the claim when determining the review application and
may then proceed to make a decision as to the correct and preferable decision
on the matter.
(4) NCAT is not to reject the claim unless it has given the
Premier a reasonable opportunity to appear and be heard in relation to the
matter.
(5) The Premier is a party to any proceedings on an application under
this section.
