Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 4 - Procedure in Tribunal  

SECTION 61   Onus  

61(1)    
In proceedings under this Part for review of a decision in relation to a request, or in relation to an application under section 48 (a personal records application ):

(a) if an agency or a Minister applied for the review - the agency or Minister has the onus of establishing that the decision is not justified, or that the Tribunal should give a decision adverse to the applicant in relation to the request or the personal records application; or

(b) if the applicant in relation to the request or the personal records application applied for the review - the agency to which, or the Minister to whom, the request or personal records application was made has the onus of establishing that the decision is justified, or that the Tribunal should give a decision adverse to the applicant.

61(2)    

However, in proceedings under this Part that relate to a decision to give access to a document to which a consultation requirement applies under section 26A , 27 or 27A , an affected third party for the document in relation to which the decision was made has, if the affected third party is a party to the proceeding, the onus of establishing that:

(a) a decision refusing to give access to the document is justified; or

(b) the Tribunal should give a decision adverse to the person who made the relevant request.

Note:

For affected third party , see section 53C .