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FREEDOM OF INFORMATION ACT 1982 - SECT 61L Outcome of complaint

FREEDOM OF INFORMATION ACT 1982 - SECT 61L

Outcome of complaint

S. 61L(1) amended by No. 20/2017 s. 63(1)(2).

    (1)     After considering the complaint and any submissions and documents received in relation to the complaint, the Information Commissioner may make any recommendations to the agency, the principal officer or the Minister (as the case requires) in relation to the complaint that the Commissioner considers appropriate.

    (2)     The recommendations may include suggestions for improvements to the policies, procedures and systems of the agency in relation to compliance with this Act.

S. 61L(3) amended by No. 20/2017 s. 63(1)(2).

    (3)     The Information Commissioner must notify the agency, the principal officer or the Minister (as the case requires) and the complainant and any other party to the complaint of the recommendations of the Commissioner to the agency, the principal officer or Minister in relation to the complaint.

S. 61L(4) amended by No. 20/2017 s. 63(1).

    (4)     The Information Commissioner must not disclose an exempt document or any information that if included in a document would make that document an exempt document in giving notice under this section.

S. 61L(5) amended by No. 20/2017 s. 63(1)(3).

    (5)     If the Information Commissioner intends to make a recommendation that relates to, or a comment about, an agency, principal officer, Minister, person or body, the Commissioner must give the agency, principal officer, Minister, person or body the opportunity to comment on and respond to the draft recommendation or draft comment before making the recommendation or comment.

S. 61L(6) amended by No. 20/2017 s. 63(1)(3).

    (6)     The Information Commissioner must take into account any response received by an agency, principal officer, Minister, person or body under subsection (5) in making a recommendation or any adverse comment under this section.

S. 61L(7) amended by No. 20/2017 s. 63(1)(3).

    (7)     The Information Commissioner must include in the document containing the Commissioner's recommendations and comments, in a manner that fairly, fully and accurately represents the position of the agency, principal officer, Minister, person or body, any comments received from the agency, principal officer, Minister, person or body under subsection (5).

S. 61L(8) amended by No. 20/2017 s. 63(1).

    (8)     If the Information Commissioner determines that the subject-matter of the complaint requires further investigation and is within the jurisdiction of a person or body who or which is prescribed by the regulations for the purposes of this section, the Commissioner may refer the matter to that body for investigation.

S. 61L(9) inserted by No. 59/2014 s. 21, amended by No. 20/2017 s. 63(1), repealed by No. 20/2017 s. 63(4).

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S. 61M inserted by No. 6/2012 s. 24, substituted by No. 82/2012 s. 252, amended by Nos 60/2014 s. 140(Sch. 3 item 20.3), 22/2016 s. 176, substituted by No. 20/2017 s. 64.