INFORMATION PRIVACY ACT 2009 - SECT 9 Relationship with Right to Information Act

INFORMATION PRIVACY ACT 2009 - SECT 9

9 Relationship with Right to Information Act

(1) The Right to Information Act also provides for access to documents of an agency or Minister.

(2) If, on its face, an access application made under the Right to Information Act could have been made under this Act, the Right to Information Act , section 34 applies.

Notes—

1 Under the Right to Information Act , section 34 —

(a) the applicant is given an opportunity to have the application dealt with under this Act and the application fee refunded; or

(b) the application may be continue to be dealt with as an application under the Right to Information Act .

2 To facilitate this situation, the approved form for an access application under the Right to Information Act is the same as the approved form for an access application under this Act and agencies will make appropriate administrative arrangements.

3 If the applicant asks for the application to be dealt with under this Act, the applicant is taken to have made the application under this Act on the date of the request—see the Right to Information Act , section 34 (3) (a) .