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FREEDOM OF INFORMATION ACT 1982 - SECT 55D

Procedure in IC review--onus

             (1)  Subject to subsection (2), in an IC review in relation to a request or an application under section 48, the agency or Minister concerned has the onus of establishing that:

                     (a)  a decision given in respect of the request or application is justified; or

                     (b)  the Information Commissioner should give a decision adverse to the IC review applicant.

             (2)  In an IC review of a decision for which an IC review application is made under section 54M (access grant decisions), the affected third party for the document in relation to which the decision was made has the onus of establishing that:

                     (a)  a decision refusing the request is justified; or

                     (b)  the Information Commissioner should give a decision adverse to the person who made the request.

Note:          For affected third party , see section 53C.



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