Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an exemption
certificate has been given in respect of a document the Commissioner may, on
the application of the access applicant, consider the grounds on which it is
claimed that the document contains exempt matter or would, if it existed,
contain exempt matter.
(2) The agency is the
respondent to an application under subsection (1) and the Premier is
entitled to be a party to proceedings in relation to the application.
(3) If, after
considering the matter, the Commissioner is satisfied that there were no
reasonable grounds for claiming that the document contains exempt matter or
would, if it existed, contain exempt matter, the Commissioner has to make a
decision to that effect, and 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.
(4) If a decision is
made under subsection (3), the exemption certificate ceases to have
effect at the end of 28 days after the decision was made unless, before
that time, the Premier notifies the Commissioner in writing that the
certificate is confirmed.
(5) The Premier has to
cause a copy of a notice given under subsection (4) —
(a) to
be laid before the Legislative Assembly and the Legislative Council within 5
sittings days of that House after it was given; and
(b) to
be given to the access applicant.
(6) A notice under
subsection (4) has to give details of —
(a) the
reasons for the decision to confirm the exemption certificate; and
(b) the
findings on material questions of fact underlying those reasons, referring to
the material on which those findings were based,
and may be given in a
form that neither confirms nor denies the existence of the document.
(7) If the Premier
withdraws the exemption certificate before the end of the period of
28 days referred to in subsection (4) the Premier has to notify the
Commissioner and each party as soon as is practicable.