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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.