Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 26AA

Scope

             (1)  This section applies if:

                     (a)  either:

                              (i)  arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or

                             (ii)  arrangements have been entered into between Norfolk Island and a State about consultation under this section; and

                     (b)  if subparagraph (a)(i) applies--a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:

                              (i)  originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or

                             (ii)  contains information ( Commonwealth-originated information ) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and

                     (c)  if subparagraph (a)(ii) applies--a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:

                              (i)  originated with, or was received from, the State or an authority of the State; or

                             (ii)  contains information ( State-originated information ) that originated with, or was received from, the State or an authority of the State; and

                     (d)  if subparagraph (a)(i) applies--it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:

                              (i)  the document is conditionally exempt under section 47B (Commonwealth-State relations etc.); and

                             (ii)  access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and

                     (e)  if subparagraph (a)(ii) applies--it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:

                              (i)  the document is conditionally exempt under section 47B (Commonwealth-State relations etc.); and

                             (ii)  access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

Note:          Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).

Consultation required

             (2)  The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:

                     (a)  if subparagraph (1)(a)(i) applies--Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or

                     (b)  if subparagraph (1)(a)(ii) applies--Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.

Decision to give access

             (3)  If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:

                     (a)  if subparagraph (1)(a)(i) applies--the Commonwealth; and

                     (b)  if subparagraph (1)(a)(ii) applies--the State; and

                     (c)  in any case--the applicant.

Access not to be given until review or appeal opportunities have run out

             (4)  However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:

                     (a)  if subparagraph (1)(a)(i) applies--the Commonwealth; or

                     (b)  if subparagraph (1)(a)(ii) applies--the State;

for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.

Note 1:       The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).

Note 2:       For when all opportunities for review or appeal in relation to the decision to give access to the document have run out , see subsection 4(1).

Edited copies, Commonwealth-originated information and State-originated information

             (5)  This section applies:

                     (a)  in relation to an edited copy of a document in the same way as it applies to the document; and

                     (b)  in relation to a document containing Commonwealth-originated information--to the extent to which the document contains such information; and

                     (c)  in relation to a document containing State-originated information--to the extent to which the document contains such information.