Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) a request is received by an agency or Minister in relation to a document containing personal information about a person (including a person who has died); and
(b) it appears to the person dealing with the request that the person mentioned in paragraph (a), or if that person has died, the person's legal representative, might reasonably wish to submit that the document is an exempt document under section 41 (Documents affecting personal privacy) so far as it contains personal information.
(2) A decision to grant access under this Act to the document, so far as it contains the personal information, must not be made unless, if it is reasonably practicable to do so having regard to all the circumstances (including the application of section 18)—
(a) the person dealing with the request has given the person or the legal representative of the person, a reasonable opportunity to make a submission that the document, so far as it contains the personal information, is an exempt document under section 41; and
(b) the person making the decision has considered any submission made in relation to the request.
(3) In deciding, for subsection (1), whether a person might reasonably wish to submit that a document, so far as it contains personal information, is an exempt document under section 41, the person dealing with the request, must have regard to the following:
(a) the extent to which the personal information is well known;
(b) whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document;
(c) the availability of the personal information from publicly accessible sources;
(d) anything else the person dealing with the request considers relevant.
(4) If, after any submissions have been made in accordance with subsection (2), a decision is made that the document, so far as it contains the personal information, is not an exempt document under section 41—
(a) the person dealing with the request must notify the following people, in writing, of the decision:
(i) the person who made the request;
(ii) a person who made a submission in relation to the request; and
(b) access must not be given to the document, so far as it contains the personal information, unless—
(i) the time for the person to apply to the ACAT under section 69A (Review of certain decisions about documents relating to personal information) ends and no application is made; or
(ii) an application is made, but the ACAT—
(A) dismisses the application; or
(B) makes a decision in relation to the application in accordance with terms agreed by the parties; or
(iii) an application is made and the ACAT confirms the decision in relation to the application.
Note The ACAT may dismiss an application under the ACT Civil and Administrative Tribunal Act 2008 , s 32 (2) (a) or (b), and may make a decision in accordance with terms agreed by the parties under that Act, s 55.
(5) In this section:
"dealing" with a request includes reviewing, under section 59, a decision refusing the request.