FREEDOM OF INFORMATION ACT 1982

PART III - ACCESS TO DOCUMENTS  

SECTION 22   Access to edited copies with exempt or irrelevant matter deleted  

Scope

22(1)  
This section applies if:


(a) an agency or Minister decides:


(i) to refuse to give access to an exempt document; or

(ii) that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access; and


(b) it is possible for the agency or Minister to prepare a copy (an edited copy ) of the document, modified by deletions, ensuring that:


(i) access to the edited copy would be required to be given under section 11A (access to documents on request); and

(ii) the edited copy would not disclose any information that would reasonably be regarded as irrelevant to the request; and


(c) it is reasonably practicable for the agency or Minister to prepare the edited copy, having regard to:


(i) the nature and extent of the modification; and

(ii) the resources available to modify the document; and


(d) it is not apparent (from the request or from consultation with the applicant) that the applicant would decline access to the edited copy. Access to edited copy

22(2)  
The agency or Minister must:


(a) prepare the edited copy as mentioned in paragraph (1)(b); and


(b) give the applicant access to the edited copy. Notice to applicant

22(3)  
The agency or Minister must give the applicant notice in writing:


(a) that the edited copy has been prepared; and


(b) of the grounds for the deletions; and


(c) if any matter deleted is exempt matter - that the matter deleted is exempt matter because of a specified provision of this Act.

22(4)  
Section 26 (reasons for decision) does not apply to the decision to refuse access to the whole document unless the applicant requests the agency or Minister to give the applicant a notice in writing in accordance with that section.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.