Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 4   Information Commissioner amendments

Part 1   Main amendments

Freedom of Information Act 1982

41   Section 60

Repeal the section, substitute:

60 Procedure in Tribunal - parties

(1) This section applies for the purposes of this Part and of the application of the Administrative Appeals Tribunal Act 1975 in relation to proceedings under this Part.

(2) A decision given by a person on behalf of an agency is taken to have been given by the agency.

(3) The parties to a proceeding before the Tribunal for a review of a decision are as follows:

(a) the person who applied to the Tribunal for a review of the decision under section 57A;

(b) the person who made the request or application in respect of which the decision was made;

(c) the principal officer of the agency, or the Minister, to whom the request or application was made;

(d) any other person who is made a party to the proceeding by the Tribunal under subsection 30(1A) of the Administrative Appeals Tribunal Act 1975.

60AA Procedure in Tribunal - requirement to notify affected third parties

Scope

(1) This section applies if an application is made to the Tribunal under section 57A for the review of a decision not to give access to a document to which a consultation requirement applies under section 26A, 27 or 27A (whether the decision is made by the Information Commissioner, an agency or a Minister).

Requirement to notify

(2) The agency to which, or the Minister to whom, the request was made for access to the document must, as soon as practicable, take all reasonable steps to notify the affected third party for the document of the application to the Tribunal.

Note 1: For affected third party , see section 53C.

Note 2: Notice is not required to be given in certain circumstances (see section 60AB).

Note 3: The affected third party may apply to be made a party to the proceeding by the Tribunal under subsection 30(1A) of the Administrative Appeals Tribunal Act 1975.

60AB Procedure in Tribunal - circumstances in which not giving notice is appropriate

(1) This section applies in relation to a document to which a consultation requirement applies under section 27 or 27A.

(2) An agency or Minister is not required to notify an affected third party for the document under subsection 60AA(2) if:

(a) the agency or the Minister applies to the Tribunal for an order that it would not be appropriate to notify the affected third party in the circumstances covered by subsection (3); and

(b) the Tribunal makes the order.

Note: For affected third party , see section 53C.

(3) The circumstances covered by this subsection are whether notifying the affected third party would, or could reasonably be expected to, do any of the following:

(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation;

(b) prejudice the enforcement or proper administration of the law in a particular instance;

(c) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non-existence of a confidential source of information, in relation to the enforcement or administration of the law;

(d) endanger the life or physical safety of any person;

(e) cause damage to the security, defence or international relations of the Commonwealth.