• Specific Year
    Any

ADOPTION ACT 1984 - SECT 84 Access to certain documents under the Freedom of Information Act 1982

ADOPTION ACT 1984 - SECT 84

Access to certain documents under the Freedom of Information Act 1982

    (1)     An approved agency that is supported directly or indirectly by government funds or other assistance or over which the State is in a position to exercise control shall be deemed to be a prescribed authority for the purposes of the application of the Freedom of Information Act 1982 in accordance with this section.

S. 84(2) amended by Nos 16/1987 s. 12(Sch. 2 item 1(d)), 46/1998

s. 7(Sch. 1), 32/2015 s. 4(2).

    (2)     Subject to this section and to the Freedom of Information Act 1982 , a person who, whether before or after the commencement of this Act, has made application to adopt a child to the Secretary, to an approved agency or to a private adoption agency within the meaning of the Adoption of Children Act 1964 that, under this Act, is an approved agency, has a legally enforceable right under the Freedom of Information Act 1982 to obtain access in accordance with that Act to a document of the Department of Health and Human Services or of the approved agency that—

S. 84(2)(a) amended by No. 46/1998

s. 7(Sch. 1).

        (a)     is the application made by that person to the Secretary, approved agency or private adoption agency; or

S. 84(2)(b) amended by No. 46/1998

s. 7(Sch. 1).

        (b)     contains matter in the nature of a report, opinion, advice or recommendation prepared by the Secretary or the principal officer of the agency or a record of consultation or deliberation that has taken place between any such persons in the course of, or for the purposes of, assessing the application.

    (3)     A document to which subsection (2) applies, is not, by reason only that it contains matter to which paragraph (b) of that subsection applies, an exempt document for the purposes of the Freedom of Information Act 1982 .