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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.