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FREEDOM OF INFORMATION ACT 1982 - SECT 53B

What is an access grant decision ?

  (1)   An access grant decision is a decision covered by the following table:

Note:   The table covers documents that may be conditionally exempt under section   47B (items   1 and 1A), 47G (item   2) or 47F (items   3 and 4), or exempt under section   47 (item   2). Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section   11A).

 

Access grant decisions

Item

If, in relation to a request for access to a document ...

the access grant decision is ...

1

consultation with a State under section   26A (documents affecting Commonwealth - State relations etc.) is required

a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:

(a) the document is not conditionally exempt under section   47B (Commonwealth - State relations etc.); or

(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection   11A(5).

2

section   27 (business documents) applies in relation to business information in the document

a decision of an agency or Minister to give access to the document (or an edited copy of the document) because:

(a) the document is neither exempt under section   47, nor conditionally exempt under section   47G; or

(b) if the document is conditionally exempt under section   47G--access to the document would not, on balance, be contrary to the public interest for the purposes of subsection   11A(5).

Note:   Section   47 deals with documents disclosing trade secrets or commercially valuable information. Section   47G deals with other business documents.

3

section   27A (documents affecting personal privacy) applies in relation to personal information in the document about a living person

a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:

(a) the document is not conditionally exempt under section   47F (personal privacy); or

(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection   11A(5).

4

section   27A (documents affecting personal privacy) applies in relation to personal information in the document about a deceased person

a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:

(a) the document is not conditionally exempt under section   47F (personal privacy); or

(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection   11A(5).

  (2)   For the purposes of table item   1, State has the same meaning as in section   26A.


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