RIGHT TO INFORMATION ACT 2009 - SECT 34
Application for personal information
RIGHT TO INFORMATION ACT 2009 - SECT 34
Application for personal information
34 Application for personal information
(1) This section applies if, on its face, an access application made under
this Act could have been made under the Information Privacy Act because the
application is for access to a document to the extent it contains the
applicant’s personal information.
(2) The agency or Minister must, within
15 business days after the application is received, inform the applicant
that—
(a) the application could have been made under the Information Privacy
Act without any application fee or processing charge being payable; and
(b)
the applicant may either—
(i) ask for the application to be dealt with under
the Information Privacy Act ; or
(ii) confirm the application as an
application under this Act.
(3) If the applicant asks for the application to
be dealt with under the Information Privacy Act —
(a) the applicant is taken
to have made the application under the Information Privacy Act on the date of
the request; and
(b) any application fee paid by the applicant must be
refunded as soon as practicable.
(4) However, the application continues to be
dealt with as an application under this Act if—
(a) the applicant confirms
the application as an application under this Act; or
(b) the applicant does
not, within a reasonable time, either make the request, or give the
confirmation, mentioned in subsection (2) (b) .
