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RIGHT TO INFORMATION ACT 2009 - SECT 44
Pro-disclosure bias in deciding access to documents
44 Pro-disclosure bias in deciding access to documents
(1) It is the Parliament’s intention that if an access application is made
to an agency or Minister for a document, the agency or Minister should decide
to give access to the document unless giving access would, on balance, be
contrary to the public interest.
(2) The purpose of this part is to help the
agency or Minister decide whether giving access would, on balance, be contrary
to the public interest by— (a) setting out in schedule 3 types of
information the disclosure of which the Parliament has considered would, on
balance, be contrary to the public interest; and
(b) setting out in
section 49 the steps, and, in schedule 4 , factors, for deciding, for other
types of information, whether disclosure would, on balance, be contrary to the
public interest.
(3) Also, sections 50 and 51 set out circumstances
concerning information about a child and personal healthcare information about
an applicant in which the Parliament has stated its intention about what is in
the best interests of the child and applicant.
(4) However, it is the
Parliament’s intention that this Act should be administered with a
pro-disclosure bias and an agency or Minister may give access to a document
even if this Act provides that access to the document may be refused.
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