RIGHT TO INFORMATION ACT 2009 - SECT 43 Previous application for same documents

RIGHT TO INFORMATION ACT 2009 - SECT 43

43 Previous application for same documents

(1) This section applies if—

(a) an applicant makes an access application, whether under this Act or the Information Privacy Act , to an agency or Minister (the
"first application" ); and

(b) the applicant makes another access application under this Act (the
"later application" ) to the same agency or Minister for access to 1 or more of the same documents sought under the first application and the later application does not, on its face, disclose any reasonable basis for again seeking access to the document or documents.

(2) For subsection (1) (a) —

(a) the first application, if made under this Act—

(i) does not include an access application taken to have been withdrawn under section 36 (3) or 42 (4) ; and

(ii) if an access application has been narrowed under section 36 or 42 —means only the access application as changed; and

(b) the first application, if made under the Information Privacy Act —

(i) does not include an access application taken to have been withdrawn under section 61 (4) of that Act ; and

(ii) if an access application has been narrowed under section 61 of that Act —means only the access application as changed.

(3) The agency or Minister may refuse to deal with the later application to the extent it is for access to a document or documents sought under the first application if—

(a) when the later application was made, the agency or Minister had not decided the first application; or

(b) in relation to the first application, if made under this Act—

(i) the applicant had been given notice under section 54 that access was to be given to the document sought or to some or all of the documents sought; or

(ii) the agency or Minister had decided that the application was for a document to which this Act does not apply; or

(iii) the agency or Minister had decided the document or documents sought were documents access to which was refused under section 47 ; or

(iv) the agency or Minister had refused to deal with it under this part; or

(c) in relation to the first application, if made under the Information Privacy Act —

(i) the applicant had been given notice under section 68 of that Act that access was to be given to the document sought or to some or all the documents sought; or

(ii) the agency or Minister had decided that the application was for a document to which chapter 3 of that Act does not apply; or

(iii) the agency or Minister had decided the document or documents sought were documents access to which was refused under section 67 of that Act ; or

(iv) the agency or Minister had refused to deal with it under chapter 3 , part 4 of that Act ; or

(d) the agency’s or Minister’s decision on the first application—

(i) is the subject of a review and the review is not complete; or

(ii) has been the subject of a completed review (other than an internal review).

(4) For subsection (3) , if a document sought under the later application is merely a record of the first application having been made (a
"record document" ), access to a record document is taken to have been sought under the first application.

(5) For subsection (3) (d) —


"review" means—

(a) an internal review under this Act or the Information Privacy Act ; or

(b) an external review under this Act or the Information Privacy Act ; or

(c) a proceeding under part 11 or under the Information Privacy Act , chapter 3 , part 11 .

(6) For subsection (3) (d) , a review is complete if the review has ended because of an informal resolution or because of a decision of the entity conducting the review.