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:
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1A (Repealed by No 59 of 2015)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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