Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

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History

Pt VII inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

Division 5 - Decision to review  

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History

Div 5 inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

SECTION 54X   Decision to review - notice requirement if discretion not to review exercised  

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54X(1)    
This section applies if the Information Commissioner decides not to undertake an IC review, or not to continue to undertake an IC review.

54X(2)    
The Information Commissioner must, as soon as practicable, notify the review parties of the decision in writing.

54X(3)    
The notice must:

(a) state the reasons for the Information Commissioner's decision; and

(b) if the Information Commissioner makes a decision under paragraph 54W(b) - state that an application for review of the relevant IC reviewable decision may be made to the Tribunal under section 57A .

Note:

See section 57A for the time within which the application for review must be made to the Tribunal.

54X(4)    
However, the notice must not include:

(a) exempt matter; or

(b) information of the kind referred to in subsection 25(1) .

Note:

Subsection 25(1) deals with information about the existence or otherwise of certain documents.

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History

S 54X inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

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