GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 93
Recommendation for reconsideration of matter by agency
GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 93
Recommendation for reconsideration of matter by agency
93 Recommendation for reconsideration of matter by agency
(1) The
Information Commissioner may recommend that the agency reconsider the decision
that is the subject of the Information Commissioner's review and make a new
decision as if the decision reviewed had not been made.
(2) The agency may,
pursuant to such a recommendation, reconsider the decision and make a new
decision, whether or not the decision has already been the subject of internal
review by the agency.
(3) The agency's reconsideration of a decision is to be
by way of internal review of the decision (under Division 2) unless the
decision has already been internally reviewed, in which case the agency is to
reconsider the decision and make a new decision.
(4) Unlike an internal
review, the reconsideration of a decision that is not an internal review--
(a)
can be done by the person who made the original decision, and
(b) can be the
reconsideration of a decision made by the principal officer of the agency.
(5) The reconsideration of a decision that is not an internal review cannot be
done by a person who is less senior than the person who made the original
decision.
(6) No fee is payable for any reconsideration (including by way of
an internal review) of a decision pursuant to a recommendation of the
Information Commissioner.
