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FREEDOM OF INFORMATION ACT 1992 - SECT 85

FREEDOM OF INFORMATION ACT 1992 - SECT 85

85 .         What may be appealed etc.

        (1)         An appeal lies to the Supreme Court on any question of law arising out of any decision of the Commissioner on a complaint relating to an access application.

        (2)         An appeal lies to the Supreme Court from a decision —

            (a)         of the Commissioner refusing or failing to make a decision of the kind mentioned in section 77(3); and

            (b)         by the Premier confirming an exemption certificate pursuant to section 77(4).

        (3)         There is no appeal under subsection (1) in relation to a decision of the Commissioner as to —

            (a)         the deferral of the giving of access to a document;

            (b)         the charges to be imposed for dealing with the access application;

            (c)         the payment of a deposit under section 18.

        (4)         An appeal lies to the Supreme Court on any question of law arising out of a decision of the Commissioner on a complaint relating to an application for amendment of personal information if the effect of the decision is that information is not to be amended in accordance with the application.

        (5)         There is no appeal under subsection (4) in relation to a decision of the Commissioner as to whether or not to deal with a complaint or in relation to any other decision of the Commissioner not mentioned in subsection (4).

        (6)         An appeal under subsection (1) or (4) may be brought by any party to the complaint.

        (6a)         An appeal under subsection (2) may be brought by the access applicant.

        (7)         An appeal may be lodged within the time prescribed or allowed under Rules of Court.

        [Section 85 amended: No. 73 of 1994 s. 4.]