Freedom of Information Act 1982
PART VI
-
INTERNAL REVIEW OF DECISIONS
SECTION 53B
What is an
access grant decision
?
53B(1)
An access grant decision is a decision covered by the following table:
53B(2)
For the purposes of table item 1, State has the same meaning as in section 26A .
View history note
Hide history noteAn access grant decision is a decision covered by the following table:
Note:
The table covers documents that may be conditionally exempt under section 47B (items 1 and 1A), 47G (item 2) or 47F (items 3 and 4). Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A ).
| Access grant decisions | |||
| Item | If, in relation to a request for access to a document … | the access grant decision is … | |
| 1 | consultation with a State under section 26A (documents affecting Commonwealth-State relations etc.) is required | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because: | |
| (a) | the document is not conditionally exempt under section 47B (Commonwealth-State relations etc.); or | ||
| (b) | access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5) . | ||
| 1A | (Repealed by No 59 of 2015) | ||
| 2 | section 27 (business documents) applies in relation to business information in the document | a decision of an agency or Minister to give access to the document (or an edited copy of the document) because: | |
| (a) | the document is neither exempt under section 47 , nor conditionally exempt under section 47G ; or | ||
| (b) | if the document is conditionally exempt under section 47G - access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5) . | ||
| Note: Section 47 deals with documents disclosing trade secrets or commercially valuable information. Section 47G deals with other business documents. | |||
| 3 | section 27A (documents affecting personal privacy) applies in relation to personal information in the document about a living person | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because: | |
| (a) | the document is not conditionally exempt under section 47F (personal privacy); or | ||
| (b) | access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5) . | ||
| 4 | section 27A (documents affecting personal privacy) applies in relation to personal information in the document about a deceased person | a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because: | |
| (a) | the document is not conditionally exempt under section 47F (personal privacy); or | ||
| (b) | access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5) . |
53B(2)
For the purposes of table item 1, State has the same meaning as in section 26A .
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