RIGHT TO INFORMATION ACT 2009 - SECT 37
Disclosure of concern to third party
RIGHT TO INFORMATION ACT 2009 - SECT 37
Disclosure of concern to third party
37 Disclosure of concern to third party
(1) An agency or Minister may give access to a document that contains
information the disclosure of which may reasonably be expected to be of
concern to a government, agency or person (the
"relevant third party" ) only if the agency or Minister has taken the steps
that are reasonably practicable—
(ii) the information is
exempt information or contrary to public interest information; and
(b) to
inform the relevant third party that if access is given to the document
because of an access application, access may also be given to the document
under a disclosure log.
(2) If disclosure of information may reasonably be
expected to be of concern to a person but for the fact that the person is
deceased, subsection (1) applies as if the person’s representative were a
relevant third party.
(d) defer giving access to
the document until after—
(i) the agency or Minister is given written notice
by the relevant third party that it does not intend to make any application
for review under this Act; or
(ii) if notice is not given under subparagraph
(i) and no application for review under this Act is made by the end of the
review period—the end of the review period; or
(iii) if an application for
review under this Act is made by the end of the review period—the review has
ended (whether because of an informal resolution or because of a decision of
the entity conducting the review).
(4) The agency or Minister must give the
applicant written notice when access is no longer deferred under subsection
(3) (d) .
(5) In this section—
"representative" , in relation to a deceased person, means the deceased
person’s eligible family member, or, if 2 or more persons qualify as the
deceased person’s eligible family member, 1 of those persons.
"review period" means the period within which any application for review under
this Act may be made.