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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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