FREEDOM OF INFORMATION ACT 1992 - SECT 34
FREEDOM OF INFORMATION ACT 1992 - SECT 34
34 . Consultation under s. 32 or 33, procedure after
(1) If —
(a) the
agency obtains the views of a third party in relation to a document under
section 32 or 33; and
(b)
those views are that the document contains matter that is exempt matter under
clause 3 or 4 of Schedule 1; and
(c) the
agency decides to give access to the document,
the agency has to
—
(d) give
the third party written notice of the decision without delay; and
(e)
defer giving access to the document until the decision is final.
(2) The notice that
the agency gives under subsection (1)(d) has to give details of —
(a) the
day on which the decision was made; and
(b) the
name and designation of the person who made the decision; and
(c) the
reasons for the decision to give access despite the views of the third party
and the findings on any material questions of fact underlying those reasons,
referring to the material on which those findings were based; and
(d) the
rights of review and appeal under this Act and the procedure to be followed to
exercise those rights.
(3) If the agency has
given a notice to a third party under subsection (1)(d) in relation to a
document, the notice that the agency gives the applicant under
section 13(1)(b) has to inform the applicant —
(a) that
a third party believes that the document is an exempt document; and
(b) that
access to the document will be deferred until the decision is final.
(4) For the purposes
of this section an agency’s decision to give access to a document is
final if —
(a) the
time prescribed by Division 5 of this Part or Division 3 of Part 4 for third
parties to lodge applications for review of the agency’s decision, or
make complaints against the agency’s decision, has elapsed and no
application or complaint has been made by a third party; or
(b) the
time prescribed by Division 3 of Part 4 for third parties to make complaints
against a decision made under Division 5 of this Part confirming the
agency’s decision has elapsed and no complaint has been made by a third
party; or
(c) the
time prescribed under Division 5 of Part 4 for lodging an appeal arising out
of a decision under Division 3 of Part 4 relating to the agency’s
decision, or to a review of the agency’s decision, has elapsed and no
appeal has been lodged; or
(d) on
the determination of an appeal under Division 5 of Part 4 the agency’s
decision has been confirmed.