FREEDOM OF INFORMATION ACT 1992 - SECT 78
FREEDOM OF INFORMATION ACT 1992 - SECT 78
78 . Question of law on complaint, referral of to Supreme Court
(1) The Commissioner
may refer to the Supreme Court any question of law that arises in the course
of dealing with a complaint.
(2) A question may be
referred under this section on the Commissioner’s own initiative or at
the request of a party to the complaint.
(3) The Supreme Court
has jurisdiction to hear and determine a question of law referred to it under
this section and, in exercising that jurisdiction, may —
(a) as
well as determining that question, determine any related or incidental
question of law that it considers to be raised; or
(b)
instead of determining that question, determine any other question of law that
it considers to be more pertinent.
(4) If a question of
law is referred to the Supreme Court under this section, the Commissioner is
not to —
(a) give
a decision on the complaint to which the question is relevant while the
reference is pending; or
(b)
proceed in a manner, or make a decision, that is inconsistent with the
decision of the Supreme Court on the question.
(5) A party, other
than the Commissioner or a party who has requested the reference, does not
have to appear, be represented or make submissions at, or otherwise
participate in, the hearing of a reference under this section, and a party who
does not participate in a reference is not liable for any costs in relation to
the reference.