AustLII Tasmanian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 47

PART 5 - Review of Decisions 47. Internal review

      (1) If a decision in respect of a request made to an agency for information has been made on behalf of an agency other than by the responsible Minister or the principal officer of the agency (not being a decision on a review under this section), the applicant may, within 28 days after notice of the decision is given to the applicant in accordance with section 22 or 43, apply to the principal officer of the agency for a review of the decision.

      (2) If –

(a) a decision as to the expected charge for information was made on behalf of an agency by a person other than the responsible Minister or the principal officer of the agency; and

(b) a notice of the decision has been given to the applicant in accordance with section 17(3) –

the applicant may within 28 days of the receipt of the notice, and whether or not the whole or any part of the charge has been paid, apply to the principal officer of the agency for a review of the charge.

      (3) If –

(a) a decision to provide information relating to the personal affairs of a person was made on behalf of an agency by a person other than by the responsible Minister or the principal officer of the agency; and

(b) notice of the decision has been given to a person in accordance with section 30(4) –

the person to whom the notice was given may within 28 days of the receipt of the notice apply to the principal officer of the agency for a review of the decision.

      (4) If –

(a) a decision to provide information that is likely to expose an undertaking to competitive disadvantage was made on behalf of an agency by a person other than the responsible Minister or the principal officer of the agency; and

(b) notice of the decision has been given to the undertaking in accordance with section 31(4) –

the undertaking may within 28 days of the receipt of the notice apply to the principal officer of the agency for a review of the decision.

      (5) If an application for a review of a decision is made to the principal officer in accordance with subsection (1), (2), (3) or (4), the principal officer shall forthwith –

(a) review the decision and make a fresh decision; or

(b) arrange for another person (not being the person who made the decision and not being a person who is subordinate to that person) authorized in accordance with section 21(c) or 42(c) to review the decision and make a fresh decision.

      (6) A decision on a review under this section in respect of a request made under section 13 or 37 is to be given in the same manner as a decision in respect of the original request.


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