Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

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History

Part VIIA 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 2 - Tribunal reviewable decisions  

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History

Div 2 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 57A   Tribunal reviewable decisions - which decisions are reviewable?  

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57A(1)    
An application may be made to the Tribunal for review of the following decisions:

(a)    a decision of the Information Commissioner under section 55K on an IC review;

(b)    if the Information Commissioner makes a decision under paragraph 54W(b) (matters inappropriate for IC review) - the IC reviewable decision in relation to which the Information Commissioner makes the decision.

Note 1:

An application for the review of a decision may be made by a person whose interests are affected by the decision (see section 17 of the Administrative Review Tribunal Act 2024 ).

Note 2:

For the time period for making an application, see sections 18 to 20 of the Administrative Review Tribunal Act 2024 .

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History

S 57A(1) amended by No 38 of 2024, s 3 and Sch 4 items 55 and 56, effective 14 October 2024.

Time for applying to Tribunal if Information Commissioner declines to review decision

57A(2)    

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Despite section 18 of the Administrative Review Tribunal Act 2024 an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section must be made within the period:

(a)    starting on the day on which the decision by the Information Commissioner under paragraph 54W(b) of this Act is made; and

(b)    

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ending at the end of the period prescribed for the purposes of subsection 18(1) of the Administrative Review Tribunal Act 2024 .

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History

S 57A(2) amended by No 38 of 2024, s 3 and Sch 4 items 57 - 59, effective 14 October 2024.

No referral to guidance and appeals panel

57A(3)    

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Part 5 (guidance and appeals panel) of the Administrative Review Tribunal Act 2024 does not apply in relation to:

(a)    an application under subsection (1) for review of a decision; or

(b)    the decision of the Tribunal on the review.

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History

S 57A(3) inserted by No 38 of 2024, s 3 and Sch 4 item 60, effective 14 October 2024.

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History

S 57A 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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