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RIGHT TO INFORMATION ACT 2009 - SECT 78
Disclosure logs—departments and Ministers
78 Disclosure logs—departments and Ministers
(1) This section applies if a person makes a valid access application to a
department or a Minister.
(2) The department or Minister must, as soon as
practicable after the application is made, include the following information
about the application in a disclosure log— (a) details of the information
being sought by the applicant, as stated in the application;
(b) the date the
application was made.
(3) If the department or Minister decides to give
access to a document that does not contain personal information of the
applicant and the applicant accesses the document within the access period,
the following must be included in a disclosure log as soon as practicable
after the applicant accesses the document— (a) a copy of the document;
(b)
the applicant’s name;
(c) if access to the document was sought for the
benefit of, or use of the document by, an entity other than the
applicant—the name of the other entity.
(4) If the department or Minister
decides to give access to a document that does not contain personal
information of the applicant and the applicant fails to access the document
within the access period, details identifying the document, and information
about the way in which the document may be accessed and any applicable charge,
must be included in a disclosure log as soon as practicable after the access
period ends.
(5) A person may access a document the details of which are
included in a disclosure log under subsection (4) on payment of the applicable
charge, and in the way mentioned in the disclosure log.
(6) After a person
accesses a document under subsection (5) — (a) no further charge is payable
for access to the document by any person; and
(b) a copy of the document must
be included in a disclosure log.
(7) However, the inclusion of a document or
information in a disclosure log under this section is subject to section 78B
(2) .
(8) In this section—
"valid access application" means an access application that— (a) is in a
form complying with all relevant application requirements; and
(b) is not an
application to which section 32 applies.
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