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FREEDOM OF INFORMATION ACT 1992 - SECT 76

FREEDOM OF INFORMATION ACT 1992 - SECT 76

76 .         Commissioner’s other powers and duties when dealing with complaint

        (1)         In dealing with a complaint the Commissioner has, in addition to any other power, power to —

            (a)         review any decision that has been made by the agency in respect of the access application or application for amendment; and

            (b)         decide any matter in relation to the access application or application for amendment that could, under this Act, have been decided by the agency.

        (2)         The Commissioner has to make a decision in writing —

            (a)         confirming the agency’s decision to which the complaint relates; or

            (b)         varying the agency’s decision to which the complaint relates; or

            (c)         setting aside the agency’s decision to which the complaint relates and making a decision in substitution for that decision.

        (3)         The Commissioner has to make a decision on the complaint within 30 days after the complaint was made unless the Commissioner considers that it is impracticable to do so.

        (4)         If it is established that a document is an exempt document, the Commissioner does not have power to make a decision to the effect that access is to be given to the document.

        (5)         The Commissioner has to include in the decision the reasons for the decision and the findings on material questions of fact underlying those reasons, referring to the material on which those findings were based.

        (6)         The Commissioner has to give a copy of the decision to each party.

        (7)         The decision of the Commissioner is to be regarded as the decision of the agency and has effect accordingly.

        (8)         The Commissioner has to arrange to have his or her decisions published in full or in an abbreviated, summary or note form whichever is appropriate in order to ensure that the public is adequately informed of the grounds on which such decisions are made.