PART VIIB
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INVESTIGATIONS AND COMPLAINTS
History
Part VIIB inserted by No 51 of 2010, Sch 4 item 49, applicable in relation to action taken by an agency (within the meaning of the
Freedom of Information Act 1982
, as amended) before, at or after 1 November 2010.
Division 2
-
Information Commissioner investigations
History
Div 2 inserted by No 51 of 2010, Sch 4 item 49, applicable in relation to action taken by an agency (within the meaning of the
Freedom of Information Act 1982
, as amended) before, at or after 1 November 2010.
Subdivision C
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Decision to investigate
History
Subdiv C inserted by No 51 of 2010, Sch 4 item 49, applicable in relation to action taken by an agency (within the meaning of the
Freedom of Information Act 1982
, as amended) before, at or after 1 November 2010.
SECTION 75
Information Commissioner investigations
-
notice requirements
Notice to respondent agency before commencing investigation
75(1)
Before beginning an investigation, the Information Commissioner must notify the respondent agency in writing.
Notice of decision not to investigate, or not to continue to investigate
75(2)
Subsection (3) applies if the Information Commissioner decides:
(a)
not to investigate, or not to continue to investigate, a complaint made under section
70
; or
(b)
not to continue an investigation commenced at the Information Commissioner's initiative.
75(3)
The Information Commissioner must, as soon as practicable, notify the complainant (if any) and the respondent agency of the decision in writing.
75(4)
A notice under subsection (3) must state the reasons for the Information Commissioner's decision.
History
S 75 inserted by No 51 of 2010, Sch 4 item 49, applicable in relation to action taken by an agency (within the meaning of the
Freedom of Information Act 1982
, as amended) before, at or after 1 November 2010.