Queensland Consolidated Acts

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INFORMATION PRIVACY ACT 2009 - SECT 123

Decision on external review

123 Decision on external review

(1) The information commissioner, after conducting an external review of a decision, must make a written decision—
(a) affirming the decision; or
(b) varying the decision; or
(c) setting aside the decision and making a decision in substitution for the decision.
(2) To remove any doubt, it is declared that subsection (1) does not apply if the external review is resolved informally.
(3) The commissioner must include in the decision the reasons for the decision.
(4) The commissioner must give a copy of the decision to each participant.
(5) If—
(a) a document is to be released because of the external review; and
(b) the commissioner has notified a person under section 110 (4) and the person did not become a participant in the review;
the commissioner must take reasonable steps to notify the person of the release.
(6) The commissioner must arrange to have decisions and reasons for decisions published.
(7) However, subsection (6) does not require the commissioner to arrange to have a decision and reasons for a decision published to the extent they contain, or publication would disclose, exempt information or contrary to public interest information.



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